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Personal Injury & Medical Malpractice

  • August 14, 2025

    State Farm Found Liable For Bad Faith In Moped Death Suit

    A Florida federal judge has found State Farm liable for bad faith following a jury trial in a lawsuit involving the DUI-related death of a moped driver, whose family accused the insurer of failing to timely settle their claim against the estate of the driver accused of causing the fatal crash. 

  • August 14, 2025

    OptumRx Flags Email Accidentally Sent To Opioid MDL Parties

    UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.

  • August 14, 2025

    Calif. Justices Say No Arb. For Nursing Home Death Claim

    The California Supreme Court on Thursday reversed a decision sending to arbitration a wrongful death claim by parents who allege their son was neglected at the 24-hour skilled nursing facility he was admitted to.

  • August 14, 2025

    Boston Bomber Asks Full 1st Circ. To Weigh Judge DQ Bid

    The convicted Boston Marathon bomber on Thursday asked the full First Circuit to consider disqualifying his trial judge from leading an investigation into potential juror bias, arguing an appellate court panel failed to assess whether post-trial public comments tainted his impartiality.

  • August 14, 2025

    11th Circ. Looks For Immunity Line In $40M Taser Case

    An Eleventh Circuit panel appeared conflicted Thursday over whether to toss a $40 million verdict against the city of Atlanta and a cop who left a man a quadriplegic after shocking him with a Taser over suspicions of panhandling, struggling with whether the officer should have foreseen the injuries he caused.

  • August 14, 2025

    Fla. Juror Misconduct Claim Stymied By 'Lack Of Diligence'

    A new trial ordered in an auto collision case was wrongly granted based on juror misconduct, a Florida appeals court has ruled, saying a juror's involvement in injury litigation was disclosed on his questionnaire but wasn't explored in court due to a "lack of diligence" by defense counsel.

  • August 14, 2025

    Truck Insurer Wants Out Of AWOL Client's Crash Suit Defense

    A commercial auto insurance company asked a Georgia federal judge to declare it has no duty to defend a trucking company in a hit-and-run suit, telling the court it's been "ethically obligated to withdraw" its attorneys from defending the company in the underlying case.

  • August 14, 2025

    Ghost-Gun Seller Settles Suit Over Accidental Shooting

    A maker of so-called ghost gun kits has settled a suit brought in Georgia federal court by a woman who blames the company for the severe brain injuries suffered by her son who was accidentally shot by his friend with a ghost gun.

  • August 14, 2025

    Rutgers Escapes Suit Over Visitor's Halloween Night Assault

    A lawsuit against Rutgers University brought by a guest who was assaulted by an undergraduate on a night of Halloween partying in 2017 was dismissed by a New Jersey state judge who ruled that the institution had no obligation to protect the visitor.

  • August 14, 2025

    Boston Firm Says Personal Injury Rival Stole 'Secret Sauce'

    A Boston personal injury firm that pioneered the use of television ads in legal marketing in the 1980s is seeking $11 million from a newer Massachusetts competitor that allegedly copied and repeatedly used its "secret sauce" digital operating playbook and other materials.

  • August 14, 2025

    Rite Aid Gets More Bids For Leases, Properties In Ch. 11

    Drugstore chain Rite Aid told a New Jersey bankruptcy judge on Thursday that it has secured another roughly $76 million in bids for leases and property across the country as the debtor works to sell its assets in Chapter 11.

  • August 14, 2025

    DOJ Employee Fired After Alleged Sandwich Assault On Agent

    A man charged with felony assault for allegedly throwing a sandwich at a U.S. Customs and Border Protection agent was a member of the U.S. Department of Justice and has been fired, Attorney General Pam Bondi said Thursday.

  • August 14, 2025

    2nd Circ. Affirms Sanctions In Abandoned Suit Against Dylan

    In a precedential ruling, the Second Circuit upheld limited fee sanctions imposed by a Manhattan federal judge against attorneys found to have violated a discovery order and committed other wrongs, despite having been warned, in a now-abandoned sexual assault suit against Bob Dylan.

  • August 13, 2025

    Shah of Iran Intel Chief Must Face Torture Claims By 3 Men

    A former top security official in the regime of Iran's former ruler, Shah Reza Pahlavi, must face a human rights abuse lawsuit by three men alleging he aided and abetted the torture of perceived political dissidents during the 1970s, a Florida federal judge said Tuesday.

  • August 13, 2025

    2nd Circ. Affirms Indemnity Ruling In Still-Pending Injury Row

    A New York federal court didn't err in declaring that a subcontractor's insurer had a duty to indemnify a property owner in a worker's construction injury lawsuit that is still pending, the Second Circuit affirmed Wednesday, even though the underlying court later found the original indemnity agreement invalid.

  • August 13, 2025

    Holster Maker Absolved In Sig Sauer Pistol Defect Suit

    Holster maker Wintrode Enterprises Inc. isn't to blame for a pistol discharging without warning into a man's leg while he was sitting on his motorcycle, a North Carolina federal judge said Wednesday in granting it summary judgment.

  • August 13, 2025

    JPML Consolidates 11 Delta Crash Landing Suits In Minn.

    The U.S. Judicial Panel on Multidistrict Litigation has consolidated 11 lawsuits against Delta Air Lines over a "violent crash" in Toronto, in which its plane caught fire after flipping upside down, in the District of Minnesota, where they may later be joined by eight additional suits.

  • August 13, 2025

    No Coverage For Senior Center In Sex Abuse Suit, Court Told

    A senior care facility isn't owed coverage for an underlying lawsuit accusing a facility chaplain of sexually assaulting a patient, the facility's insurer said, arguing coverage is precluded due to a molestation exclusion and because the allegations don't pertain to a medical incident.

  • August 13, 2025

    Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits

    Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.

  • August 13, 2025

    Fla. Court Affirms New Trial Over Boxer's Parking Brawl

    A Florida appeals court Wednesday affirmed a decision to grant plaintiffs who sued pro boxer Shakur Stevenson over a parking garage brawl a new trial because of comments made by Stevenson's counsel during closing argument that impugned the credibility of the plaintiffs' lawyers.

  • August 13, 2025

    Suit Claims UPPAbaby Car Seats Asphyxiate Infants

    A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.

  • August 13, 2025

    Wash. Agencies Must Give Up Docs In Medicaid Fraud Case

    A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.

  • August 13, 2025

    5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit

    The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.

  • August 13, 2025

    How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit

    In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.

  • August 13, 2025

    Ill. Woman Who Lost Legs Says Boat's Design Was Defective

    An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.

Expert Analysis

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Risks Of Today's Proffer Agreements May Outweigh Benefits

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    Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Opinion

    Airlines Should Follow Treaty On Prompt Crash Payouts

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    In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

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