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Personal Injury & Medical Malpractice
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August 29, 2025
Philly Wants Sanctions For 'Appalling Treatment' Of Counsel
In the wake of a $3 million judgment imposed against the city of Philadelphia in the case of a man who claimed he was shot by police and framed for rape, the city has asked a federal judge to sanction one of the plaintiff's lawyers for allegedly making false accusations that defense counsel were racist and suborned perjury.
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August 29, 2025
Meet The Attys Facing Off In NJ's First Clergy Abuse Trial
A high-powered national plaintiffs litigation firm and several local trial experts will face off soon in New Jersey's first civil suit to go to trial alleging sex abuse claims against the Catholic order behind the Delbarton School in Morristown.
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August 29, 2025
Tesla Tries To Undo $329M Autopilot Crash Verdict
Tesla told a Florida federal judge Friday that a recent $329 million verdict finding its autopilot contributed to a fatal 2019 crash "flies in the face of basic Florida tort law, the due process clause, and common sense," and urged the court to set it aside.
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August 28, 2025
9/11 MDL Families Clear Immunity Hurdle To Sue Saudi Arabia
Saudi Arabia cannot escape claims that kingdom officials helped hijackers who carried out the terrorist attacks of Sept. 11, 2001, a Manhattan federal judge ruled Thursday, finding that victims' families have adequately alleged their claims fall under an exception that waives the kingdom's sovereign immunity.
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August 28, 2025
Pa. Hospital Fraud Suits Barred By $19M Deal, Panel Says
A split Pennsylvania appellate panel on Thursday tossed two suits accusing a hospital of fraudulently inducing plaintiffs to settle a bad birth suit for $19 million by failing to disclose a key document, saying the settlement's release of claims bars the suits.
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August 28, 2025
Ga. Family Loses Sex Assault Suit Over Underage Drinking
The Georgia Court of Appeals said this week a couple can't sue the owner of a home where the couple's teenage daughter was allegedly sexually assaulted, ruling that state law shielded the owner from liability despite allegations he allowed underage drinking at the house.
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August 28, 2025
Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns
Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.
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August 28, 2025
Baltimore Med Mal Atty Appeals $25M Extortion Conviction
A medical malpractice attorney in Baltimore who was convicted in federal court in April of attempting to extort $25 million from the University of Maryland Medical System has asked the Fourth Circuit to review his conviction, saying he was unfit to represent himself at trial.
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August 28, 2025
Roblox, Discord Accused Of Failing To Protect 11-Year-Old
Roblox and Discord have been hit with yet another lawsuit alleging the online platforms aren't safe for children and that they allow predators to groom youth, with the latest complaint filed by a Michigan woman who claims she was only 11 years old when she was exploited by an adult predator.
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Insurer Says No Coverage For Parking Garage Death Suit
An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a New York federal court that another carrier owes coverage instead.
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August 28, 2025
Drug Use, Crimes Not Reasons To Escape $760K Bite Judgment
An Indiana appeals court on Thursday refused to vacate a $760,000 default judgment against a woman who was sued for failing to supervise her dog when it mauled a neighbor, saying that the drug use and criminal proceedings she blames for missing notice of the suit are not excusable neglect.
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August 28, 2025
Philly Must Pay $3M To Man Police Shot, Framed For Rape
The city of Philadelphia must pay $3 million to Termaine Hicks, a man who claimed he was wrongfully incarcerated after police shot and allegedly framed him for a 2001 rape while he attempted to help the victim lying on the ground in South Philadelphia, according to a federal judge's Thursday ruling.
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August 28, 2025
Hartford Cops' Assault Response Reveals Bias, Court Told
The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Fla. Justices Reject Carole Baskin's Defamation Appeal
The Florida Supreme Court declined Thursday to take up the appeal of a decision reviving defamation claims against "Tiger King" star Carole Baskin over statements on YouTube claiming her missing husband's former assistant embezzled $600,000.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
Southwest Flyer Attacked In Viral TikTok Blames Open Seating
A Southwest Airlines Co. passenger who earlier this summer was attacked by an intoxicated fellow flyer in an assault caught on video that went viral on TikTok is now suing the airline and her attacker, blaming Southwest for allowing the "visibly impaired" passenger to board and choose her own seat.
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August 27, 2025
Cardi B Admits Physical Contact With Security Guard
Cardi B admitted in trial Wednesday that there was some physical contact between her and a security guard who claims the rapper assaulted her, after saying Tuesday there had been none.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
Undercover Operation Detailed In Trial Of Slain Fla. Law Prof
Law enforcement agents took the stand in Florida state court Wednesday to provide details of an undercover operation in the investigation of Donna Adelson, who is on trial for allegedly masterminding a conspiracy to have assassins kill university law professor Dan Markel in 2014.
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August 27, 2025
Stew Leonard's, Cookie Co. Face Trimmed Allergy Death Case
Grocery chain Stew Leonard's and a manufacturer must face punitive damages and product liability claims by the estate of a professional dancer who ate mislabeled cookies and died from an allergic reaction, but both companies won't have to face stand-alone wrongful death claims under a separate statute, a Connecticut judge has ruled.
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August 27, 2025
Hospice Care Co. Can't Duck Claims It Covered Up Death
A Texas appeals court has thrown out wrongful death and negligence claims against a hospice care provider in a suit alleging its employees are liable for a man's death from fentanyl overdose, but allowed claims that they covered up the cause of death by falsifying patient records to proceed.
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August 27, 2025
Genesis Wins OK For $30M DIP, Ch. 11 Sale Process
A Texas bankruptcy judge on Wednesday gave final approval to nursing home operator Genesis Healthcare Inc.'s updated $30 million debtor-in-possession loan and Chapter 11 sale procedures after a three-day hearing, overruling unsecured creditors' objections.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
Expert Analysis
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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.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.