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Personal Injury & Medical Malpractice

  • September 17, 2025

    5th Circ. Says Genesis Not Indemnified In Platform Injury Suit

    The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    Cessna-Maker Must Face Deadly Plane Crash Cases In Conn.

    The Kansas-based maker of a private Cessna airplane that crashed in Connecticut, killing its two pilots and two doctors on board, must face two product liability lawsuits in the Constitution State despite claiming it was beyond the jurisdiction of Connecticut's courts.

  • September 17, 2025

    Ex-Calif. Judge Gets 35 Years For Shooting Wife To Death

    Former California state court judge Jeffrey M. Ferguson lost his bid for a new trial Wednesday and was sentenced to 35 years to life in prison for shooting his wife to death at home in a drunken rage, with the presiding judge expressing sympathy for his "extraordinary" son who tried to save his mother's life.

  • September 17, 2025

    8th Circ. Axes Enhancement Over Tossed Gun As Speculative

    The Eighth Circuit on Wednesday vacated a nearly six-year sentence and dropped a reckless endangerment enhancement for a man in Iowa accused of discarding a loaded handgun while running from police.

  • September 17, 2025

    4th Circ. Told Panel's Ruling In Bestwall Ch. 11 Dangerous

    A group of asbestos claimants has asked the full Fourth Circuit to reconsider a panel's ruling that Georgia-Pacific asbestos unit Bestwall could stay in Chapter 11 despite its parent being solvent, saying the opinion defies U.S. Supreme Court precedent and will enable debtors to abuse the system.

  • September 17, 2025

    NCDOT Dodges Liability In Fatal Snowstorm Accident

    The North Carolina Department of Transportation was freed Wednesday from having to contribute to wrongful death settlements of over $1.6 million after a North Carolina Court of Appeals panel found the department to be immune under the Emergency Management Act.

  • September 17, 2025

    Insurer Says Parkland Mass Shooting Was Multiple Occurrences

    Evanston Insurance Co. told the Eleventh Circuit on Wednesday that a lower court erred when it said the term "occurrences" in an excess policy for the Broward Sheriff's Office was ambiguous and granted a win to the insured, which argued the 2018 mass shooting at a Parkland, Florida, school was one occurrence, not several.

  • September 17, 2025

    Newell Unit Sued Over Crock-Pot Defect Scalding User

    A woman is suing Sunbeam Products Inc. and its parent Newell Brands Inc. in Georgia federal court, alleging their Crock-Pot pressure cookers are defective, resulting in one ejecting its contents while under pressure, badly scalding her.

  • September 17, 2025

    Purdue Can Pay CEO Ch. 11 Bonus After Trimming Comp

    A New York bankruptcy judge Wednesday approved a nearly $3 million incentive program for Purdue Pharma's chief executive after he agreed to reduce his total compensation by $500,000.

  • September 16, 2025

    Tesla Settles Suit Over Fatal 2019 Autopilot Crash In Calif.

    Tesla has reached a confidential settlement to resolve a lawsuit over the death of a 15-year-old killed in a 2019 car crash involving a Model 3 that was operating on self-driving, autopilot technology, according to an order in California state court Tuesday.

  • September 16, 2025

    Dr.'s COVID Falsehoods Are Free Speech, Wash. Panel Says

    A Washington state appeals court unanimously ruled Tuesday that the Washington Medical Commission overstepped its authority by punishing a doctor for COVID-19 falsehoods he published to his blog, but affirmed the commission's decision to discipline him for prescribing ivermectin to COVID-19 patients.

  • September 16, 2025

    Alleged Uber Assault 'Catalyst' For PTSD Symptoms, Jury Told

    A psychologist who treated a woman claiming she was sexually assaulted by her Uber driver told a San Francisco jury Tuesday in a bellwether trial that the alleged 2016 event was the "catalyst" for the post-traumatic stress disorder symptoms the then-college student subsequently displayed.

  • September 16, 2025

    Military Contractor Tells Justices To Nix Army Vet's Injury Suit

    Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.

  • September 16, 2025

    UC Groups Sue Trump Admin Alleging Free Speech Violations

    A coalition of faculty, staff and unions affiliated with the University of California system sued the Trump administration in federal court Tuesday, arguing the suspension of $584 million in research projects along with threats to terminate billions more violates the law and is an attempt to violate their free speech.

  • September 16, 2025

    Roundup User Fights Uphill To Revive Cancer Suit At 9th Circ.

    A Ninth Circuit judge expressed doubts Tuesday that a lower court erred in tossing a personal-injury plaintiff's claims that Monsanto's Roundup likely caused his non-Hodgkin lymphoma, saying during a hearing the trial judge had a "great deal of discretion" to decide whether a general-causation expert's opinion was based on "junk science."

  • September 16, 2025

    Okla. Tribe Sues Social Platforms Over Youth Mental Health

    The Chickasaw Nation on Monday became the latest Native American tribe to lodge claims against social media giants in California federal court, alleging that the platforms harm their youth who are already at risk of mental health problems and suicidal ideation.

  • September 16, 2025

    7th Circ. Judge Questions NCAA's Duty In Harassment Suit

    A Seventh Circuit judge seemed skeptical Tuesday that a district court incorrectly tossed University of San Francisco baseball players' sexual harassment suit at the pleading stage, saying the students seem to be seeking a "fishing expedition" for evidence to support their claims.

  • September 16, 2025

    PacifiCorp Owes $63M In Latest Wildfire Trial

    An Oregon jury on Tuesday ordered utility PacifiCorp to pay $63 million in noneconomic damages to 10 people who fled from a group of 2020 wildfires, after hearing in closing arguments that some plaintiffs "didn't know they were going to make it out."

  • September 16, 2025

    NJ County Must Arbitrate $750K Injury Settlement Coverage

    A New Jersey county must go to arbitration to litigate insurance coverage for its $750,000 settlement with a woman who said she suffered severe injuries while in county jail, a New Jersey federal court ruled, siding with certain underwriters at Lloyd's of London.

  • September 16, 2025

    Judge Seeks Ga. Justices' Input On Bio-Lab Chemical Fire Suit

    A Georgia federal judge asked the state's Supreme Court for guidance on whether metro Atlanta residents can force a chemical plant to cover medical monitoring in the aftermath of a 2024 fire, writing that there's "considerable uncertainty" around whether such a remedy is permitted by Peach State law.

  • September 16, 2025

    DC Circ. Asked To Look At ADA Injunction In Segregation Case

    Washington, D.C., wants the D.C. Circuit to narrow an injunction commanding the district to help people in Medicaid-funded nursing homes move out of those facilities and into less restrictive forms of care, as the litigation approaches its 15th birthday.

  • September 16, 2025

    Boy Scouts Claimants Voice Frustrations With Ch. 11 Process

    A Delaware bankruptcy judge said Tuesday she was unable to review or override claim determinations made under procedures laid out in the Boy Scouts' Chapter 11 plan, despite impassioned and frustrated requests from survivors of childhood sexual abuse.

  • September 16, 2025

    Former Miami City Atty Exits Political Retaliation Suit

    A former city attorney for Miami on Monday knocked down claims against her from a pair of business owners accusing her of taking part in a political retaliation scheme when a Florida federal judge ruled that she was immune from the allegations.

  • September 16, 2025

    Indiana Justices Reinstate $6M Verdict In Bus Stop Death Suit

    The Indiana Supreme Court has reinstated a $6 million verdict in favor of the mother of a man who died after he fell under an IndyGo Public Transportation bus, finding the video evidence does not establish as a matter of law that his own negligence contributed to his death.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

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