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Personal Injury & Medical Malpractice
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July 10, 2025
Oakley Says MSG Ignoring 2nd Circ. Mandate In Assault Case
Former New York Knicks player Charles Oakley told a federal judge Tuesday that it should reject Madison Square Garden's latest attempt to have his assault and battery claims tossed, arguing the Second Circuit already determined that only a jury can resolve the dispute.
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
Senate Confirms Airline Executive To Lead FAA
The U.S. Senate Wednesday largely voted along party lines to confirm President Donald Trump's nominee to lead the Federal Aviation Administration.
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July 09, 2025
2nd Circ. Backs Convictions For $150M 'Psychic' Fraud
The Second Circuit upheld Wednesday a Canadian man's 10-year prison sentence and fraud convictions stemming from a decades-long $150 million direct mailing psychic scheme that defrauded elderly victims, ruling there was sufficient evidence he intended to harm his customers who received something different from what was advertised.Â
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July 09, 2025
Split 9th Circ. Upholds Death Sentence In Murder Case
An Arizona man who authorities say was a white supremacist lost a bid to overturn his death penalty sentence for killing his roommates — one of whom was pregnant — after a split Ninth Circuit panel found Wednesday that his trial attorney's performance did not violate his rights.
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July 09, 2025
'Cookie-Cutter' Slip-And-Fall Suit Against Walmart Settled
Weeks after personal injury law firm Simon & Simon PC was chastised by a Pennsylvania federal judge for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart, the plaintiff's counsel have notified the court that a deal was reached ending the claims.
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July 09, 2025
Costco Says Insurer Owes Defense In Heavy Box Injury Suit
A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.
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July 09, 2025
Law Firm Sues Over 'Spartan Law' Trademark Dispute
A Georgia law firm has filed suit against a California attorney who purports to own the trademark for "Spartan Law" in association with legal services, alleging that he threatened to sue the firm for trademark infringement despite it not being liable for any.
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July 09, 2025
$2.5M Awarded In Suit Over Fatal Shooting After Pot Delivery
A California state judge awarded a $2.5 million default judgment to the mother of a teenager who was fatally shot by a man who delivered him marijuana, allegedly ordered from the website Weedmaps.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
Expert Analysis
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.