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Personal Injury & Medical Malpractice
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July 18, 2025
Oxford Shooting Victim's Estate Can Sue Cops, Court Finds
A Michigan appellate panel reopened a lawsuit from the father of a student killed in the Oxford High School shooting alleging state police failed to act on tips about the threat of an attack, finding a provision designed to extend filing deadlines for estates applies to claims against the state.
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July 18, 2025
Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car
A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
Ga. Facility Exposed Workers, Families To Mercury, Suit Says
A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.
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July 18, 2025
Suit Says Mazda's Sensors Missed Motorcyclist In Blind Spot
Mazda Motor Corp. manufactured its CX-5 SUV with a defective blind spot monitoring system that failed to warn its driver that there was a motorcyclist in the lane he merged into, according to a lawsuit filed by a Pittsburgh-area family that claims the biker suffered life-altering injuries.
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July 18, 2025
Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban
In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.
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July 18, 2025
'Lost Services' Damages OK In Child Death Suits, Court Rules
A mother can pursue damages against a Detroit hospital for the loss of household services she would have received if her infant son had lived to adulthood, even after a recent Michigan Supreme Court ruling narrowed the available recovery, an appellate panel held.
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July 18, 2025
Yale Says Patient Data Breach Suit Lacks Specifics
Yale New Haven Health Services Corp. is urging a Connecticut federal court to toss a proposed class action over a March ransomware attack that allegedly may have affected millions of people, arguing patients haven't shown that the state's largest healthcare system violated any legal duties or contracts.
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July 18, 2025
2nd Circ. Shields Official From NRA's Free Speech Suit Again
A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.
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July 18, 2025
Insurer Asks To Be Freed From Mass Shooting Coverage
A home insurer has told a North Carolina federal court it should not have to cover an underlying lawsuit brought against the parents of a teen mass shooter by victims and family members of decedents, since its policy does not cover intentional acts, among other reasons.
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July 18, 2025
Armstrong Teasdale Adds Former CLO As A Litigator In Miami
A former chief legal officer at professional services company Indelible has joined Armstrong Teasdale LLP as a litigation counsel in Miami.
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July 17, 2025
Facebook Whistleblower Calls Meta Discovery A Smear Job
Facebook whistleblower Frances Haugen on Thursday urged a California federal magistrate judge to limit Meta's discovery in multidistrict litigation over claims that social media is addictive and harmful to children's mental health, saying many of their requests are irrelevant and merely seek to smear her name.
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July 17, 2025
Amtrak Beats Suit Over 2 Boys Killed By Train
A Pennsylvania federal judge Thursday tossed a suit seeking to hold Amtrak liable for the deaths of two boys struck and killed by a train, saying since the boys were trespassing, the company is immune under a state railroad statute.
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July 17, 2025
Exxon Can't Escape Suit Over Benzene-Related Death
Exxon Mobil must face claims that its benzene-containing products caused a former gas station and industrial worker's fatal cancer, a North Carolina federal judge ruled, finding the statute of limitations on his widow's claims started when he was diagnosed and not when he was exposed to the chemicals.
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July 17, 2025
Tesla Driver In Fatal Crash Regularly Ignored Autopilot Alerts
The Tesla driver who killed a woman in a crash in Florida Keys had regularly ignored warnings from the autopilot software to engage with the vehicle and would stop the car to reset the autopilot rather than drive without, a vehicle accident reconstruction expert told jurors Thursday.
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July 17, 2025
How A NJ Clergy Abuse Probe Will Reshape Defense Strategy
The New Jersey Supreme Court has cleared the way for a grand jury to investigate clergy abuse claims, bringing forward a rarely used prosecution tool that experts say will have reverberations on the strategies taken by lawyers representing powerful individuals and institutions even beyond the Catholic Church.
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July 17, 2025
Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert
A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.
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July 17, 2025
Bombing Victims Seek Damages For Iran's Support Of Attacks
Dozens of people allegedly harmed by bombings in Kabul, Afghanistan, have asked a D.C. federal judge to order the Islamic Republic of Iran to pay hundreds of millions of dollars for providing material support for the terrorist attacks.
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July 17, 2025
Greyhound Murder Victim's Family Blames Security Shortfalls
The family of an Indiana man who was fatally stabbed aboard a Greyhound bus traveling from Pittsburgh to Washington, D.C., in 2023 has filed a lawsuit in Pennsylvania state court, claiming the bus company lacked security screening that might have prevented the attack.
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July 17, 2025
Katt Williams Seeks Early Win In Atlanta Assault Case
Katt Williams has asked a Georgia federal judge for an early win in a lawsuit brought by four women who allege they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, arguing the claims are time-barred.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
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July 17, 2025
Amazon Attys Jump To Crowell & Moring In San Francisco
Crowell & Moring LLP has expanded its litigation resources in its San Francisco office with the addition of two former in-house attorneys for Amazon, who bring more than 30 years of combined experience to advise clients on product liability claims.
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July 17, 2025
US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe
A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.
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July 17, 2025
Fla. Jury Awards Ex-State Sen. $100M Over Her Son's Death
A Florida state court jury has awarded a former state senator $100 million in her lawsuit over the wrongful shooting death of her son, finding a Miami condominium, its security contractor and property management company liable for allowing an armed perpetrator to gain access to the premises.Â
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July 16, 2025
Jane's Addiction Members Clash In Court Over Onstage Fight
Three members of Jane's Addiction on Wednesday sued vocalist Perry Farrell over an onstage altercation they say has destroyed the rock band's reputation and trademark, while in his own suit Farrell claims it is his bandmates who have jettisoned the group's success in favor of bullying him during performances.
Expert Analysis
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Speech Protection Questions In AI Case Raise Liability Risk
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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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Perspectives
The Reforms Needed To Fight Sexual Abuse By Prison Staff
Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.