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Personal Injury & Medical Malpractice

  • August 14, 2025

    Colo. Sex Offender Can't Nix Registry Over Expunged Record

    A Colorado Court of Appeals panel held Thursday in a matter of first impression that an expunged juvenile sex offense can be a factor in determining lifetime registration as a sex offender, rejecting a defendant's arguments that it violates the ex post facto clause and the Eighth Amendment.

  • 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.

Expert Analysis

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

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