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Personal Injury & Medical Malpractice

  • July 09, 2025

    Insurer Rejects Coverage For Ind. Federal Antitrust Suit

    An insurer for a digging and pipe services company told an Indiana federal court it should owe no coverage for a civil antitrust lawsuit, pointing in part to an exclusion barring coverage for "personal and advertising injury" arising from the "access or disclosure of confidential or personal information."

  • July 09, 2025

    Mich. Justices Nix Ruling On ER Doctor-Hospital Agency

    The Michigan Supreme Court on Wednesday reversed an appeals court's decision tossing a woman's vicarious liability claim against William Beaumont Hospital, finding she did not need to show she relied on a specific representation from the hospital to establish an ostensible agency relationship between the hospital and her treating doctor.

  • July 09, 2025

    ABA Says Unlawful Discriminatory Jury Selection Breaks Rule

    Lawyers may not knowingly engage in unlawful juror discrimination under the cover of "legitimate advocacy," the American Bar Association Standing Committee on Ethics and Professional Responsibility said in a formal opinion released Wednesday, finding that doing so violates prospective jurors' equal protection rights.

  • July 09, 2025

    Girardi Keese CFO's Chicago Plea Derails Over Repayment

    A Chicago plea and sentencing hearing for law firm Girardi Keese's already-imprisoned former financial chief was abruptly halted Wednesday after his attorney flagged a dispute over whether both restitution and forfeiture should be ordered for his client's role in helping Tom Girardi steal millions from clients.

  • July 09, 2025

    Transport Co. Not Covered In Crash Suits, Judge Says

    A transportation company is not entitled to coverage for personal injury suits stemming from a crash involving a trucking shipment, a Pennsylvania federal court has ruled, saying coverage is excluded because the company was listed on the bill of lading for the shipment.

  • July 08, 2025

    Product Liability Cases To Watch In 2nd Half Of 2025

    The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.

  • July 08, 2025

    Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing

    The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.

  • July 08, 2025

    11th Circ. Asked To Rehear Carnival Cruise Sex Assault Case

    A teenage passenger has urged the Eleventh Circuit to reconsider its ruling absolving Carnival Corp. of liability for her onboard sexual assault, arguing that the cruise line knew of over 100 prior passenger-on-passenger assaults but failed to take simple steps like implementing curfews or adding security to protect minors.

  • July 08, 2025

    Fla. Addiction Center Must Face Trial In Teen Death Suit

    A Florida state court has found that an addiction treatment center must face negligence claims in a suit from parents of an 18-year-old who died after leaving the facility, holding there are factual questions about whether the center had a duty to him and whether a breach of that duty caused his death.

  • July 08, 2025

    Ex-Knick Oakley Slams MSG's 'Incoherent' Sanctions Motion

    Former New York Knicks player Charles Oakley has called a bid by the owners of Madison Square Garden for monetary sanctions "borderline incoherent" and made his own sanctions request in a lawsuit that accuses the venue of assaulting and humiliating him.

  • July 08, 2025

    Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death

    A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.

  • July 08, 2025

    NY Lawyer Wants Jay-Z's Claims In Suit Against Buzbee Tossed

    A New York City lawyer wants a court to dismiss allegations that she took part in a conspiracy with prominent attorney Tony Buzbee to extort Shawn "Jay-Z" Carter via a since-dropped rape case, arguing that the hip-hop mogul's claims against her were brought in an improper forum and that he failed to state a claim.

  • July 08, 2025

    Abuse Reporting Experts See Flaws In Texas HIPAA Ruling

    A Texas federal court ruling that invalidated a Biden-era reproductive health privacy rule has perplexed mandatory reporting experts who say it clearly misconstrues the law around doctors' duties to report child abuse and neglect.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

  • July 07, 2025

    Fox Rothschild Seeks To Exit NJ Case Over Litigation Funding

    Fox Rothschild LLP urged a New Jersey state court on Monday to toss claims brought by a couple injured in a vehicle crash alleging they were unlawfully steered to cover medical expenses with high-interest loans from the law firm's litigation funder client, saying its involvement was limited to a "tangential, representative role."

  • July 07, 2025

    9th Circ. Backs Sanctions For Jehovah's Witnesses' Atty

    The Ninth Circuit Monday upheld nearly $160,000 in sanctions against the general counsel for a Jehovah's Witnesses group accused of submitting a misleading affidavit to a Montana federal court in litigation brought by women alleging they endured sexual assault as children at the hands of church officials.

  • July 07, 2025

    Bar Urges NC Court To Affirm Exit From Shooting Suit

    A Charlotte-based bar told a North Carolina state appeals court that it bears no blame for a man's fatal shooting at another restaurant, arguing its staff couldn't have foreseen the attack even if they supposedly overserved the shooter hours earlier.

  • July 07, 2025

    Fla. Panel Upholds Tossing Suit To Unseat Miami Official

    A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing. 

  • July 07, 2025

    Ga. Mom Says School District Ignored Athlete Hazing, Assault

    A former student-athlete from Georgia and his mother are suing an Atlanta-area school district claiming it ignored hazing and bullying the teen suffered, allowing teammates to attack him in the locker room and strip him naked, according to a federal lawsuit.

  • July 07, 2025

    Little League Accused Of Ignoring Child Safety Protocols

    A group of concerned parents has filed a proposed class action in Connecticut state court against the Little League organization in Ridgefield, alleging not all of its coaches receive the required training in child safety and CPR.

  • July 07, 2025

    Biggest Illinois Decisions Of 2025 So Far: A Midyear Report

    State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.

  • July 07, 2025

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025

    The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.

  • July 07, 2025

    Mich. Top Court Won't Hear COVID-19 Immunity Appeal

    A split Michigan Supreme Court has decided to leave in place an appellate panel's ruling that a state pandemic-response law shields a hospital from malpractice and negligence claims brought by a woman who was admitted for COVID-19-related stress, with dissenting justices saying they have concerns with the lower court's rationale.

  • July 07, 2025

    Mich. Starbucks Customer Drops Hot-Drink Burn Suit

    Starbucks Corp. and a customer who suffered severe burns when hot tea spilled on her lap at a Michigan drive-through have confidentially settled her negligence lawsuit, culminating in a dismissal with prejudice in federal court.

  • July 07, 2025

    Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet

    Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.

Expert Analysis

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

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