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Personal Injury & Medical Malpractice
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June 02, 2025
Ga. Panel Urged To Back $17M Honda Seatbelt Verdict
A Georgia man whose wife was killed after being ejected from her Honda SUV asked a Georgia appellate panel Monday to uphold a $17 million verdict against the automaker, urging the court to reject Honda's arguments that it was wrongly denied the chance to defend itself after its attorneys introduced prohibited materials at the trial's opening.
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June 02, 2025
Sacramento County Inks Encampment ADA Settlement
The county of Sacramento and a proposed class of residents with disabilities told a California federal court on Monday they have reached a tentative deal amid a suit alleging the city and county violated various state and federal laws by allowing homeless encampments to block sidewalks.
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June 02, 2025
Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails
A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.
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June 02, 2025
Insurance Experts Examine AI's Challenges For Underwriting
Academics, attorneys and insurance industry officials took a look at the myriad ways artificial intelligence could affect the "insurance value chain," as one conference panelist put it, across claims, litigation and underwriting, including the coverage of AI-related occurrences themselves.
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June 02, 2025
Emotional Distress Claim Dropped In Ohio Derailment Lawsuit
An industrial tube maker dropped an emotional distress claim from a seven-count complaint seeking to hold Norfolk Southern liable for the fallout to local businesses impacted by a February 2023 train derailment and chemical spill in Ohio, according to an order released Monday.
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June 02, 2025
Girardi's Dropped Pants Don't Sway Judge From Sentencing
A California federal judge ruled Monday she will sentence Tom Girardi this week for his wire fraud conviction, finding him mentally competent enough to potentially serve prison time following a bizarre hearing where the disbarred attorney made an appearance on the witness stand that culminated in his pants falling down.
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June 02, 2025
2nd Circ. Won't Let Skier Enforce Pulled Settlement Offer
The Second Circuit isn't letting an injured skier enforce a settlement he attempted to accept just before a jury sided with the ski resort he was suing, with the appellate court finding Friday that his positions are inconsistent and that allowing enforcement would be unfair.
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June 02, 2025
J&J Again Seeks To Block Beasley Allen In NJ Talc Litigation
Johnson & Johnson has opposed a New Jersey talc claimant's motion for the pro hac vice admission of two attorneys from The Beasley Allen Law Firm, claiming the partners' conduct in its talc unit's bankruptcy proceedings warrants denial of the application.
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June 02, 2025
MSG Tries Again To Have Ex-Knick's Assault Suit Tossed
Madison Square Garden has returned fire against former New York Knicks icon Charles Oakley in their battle in New York federal court over his 2017 ejection from a game, demanding summary judgment in an assault suit he brought against it and asking for sanctions against Oakley six weeks after he requested sanctions against the organization.
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June 02, 2025
US Soccer Defends Bid To Escape Player's Abuse Suit
U.S. Soccer Federation has told a Maryland federal court it bears no responsibility for the alleged abuse a former player endured at the hands of a coach, saying it neither hired him nor controlled the venue where the assault took place.
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June 02, 2025
Syracuse Diocese Pauses Plan Hearing To Seek Insurer Deal
A New York bankruptcy judge Monday agreed to postpone for a month a hearing on the Roman Catholic Diocese of Syracuse's Chapter 11 plan after the diocese said it wanted more time to work out one last insurance settlement.
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June 02, 2025
High Court To Review Soldier's Injury Claims Against Fluor
The U.S. Supreme Court on Monday agreed to review a veteran's lawsuit against defense contractor Fluor Corp. over injuries sustained in a 2016 suicide bombing in Afghanistan, after a divided Fourth Circuit affirmed the dismissal of the former Army specialist's claims.
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June 02, 2025
High Court Skips AR-15 Ban Constitutionality For Now
The U.S. Supreme Court declined Monday to weigh in on the debate over whether AR-15s and other semiautomatic rifles are protected under the Second Amendment or potentially subject to state bans because of their military-like capabilities.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Wash. High Court Relaxes Standard For Worker Illness Suits
Washington's highest court has lowered the bar for employees to sue over work-related illnesses, finding that in cases of latent diseases such as mesothelioma, a worker has a valid claim if they show their employer was "virtually certain" that the malady would develop.
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May 30, 2025
NBA Star Zion Williamson Sued For Sexual Assault In Calif.
A woman is accusing NBA All-Star Zion Williamson of raping her twice in 2020 and sexually and physically assaulting her multiple times over a three-year period, in a suit filed in California state court.
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May 30, 2025
Shopper Wants Class Cert. In Mistranslated Cookie Label Suit
A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.
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May 30, 2025
Iowa Supreme Court Reinstates $3.2M Med Mal Verdict
The Iowa Supreme Court on Friday reinstated a jury's $3.25 million verdict in a suit accusing a physician of failing to properly repair an incision made to assist a patient's childbirth that caused injuries, saying a lower court wrongly deemed certain expert testimony deficient.
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May 30, 2025
$28M Jury Verdict Shows The Power Of The Monell Doctrine
A federal jury awarded $28 million to John Walker Jr., a man wrongfully convicted of murder nearly 50 years ago, after finding that prosecutors in Erie County, New York, systematically ignored criminal defendants' constitutional rights. The verdict hinged on the Monell doctrine, a hard-to-prove legal theory that allows civil rights plaintiffs to hold governments liable for constitutional violations stemming from official policy, custom, or widespread failure to supervise public officials.
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May 30, 2025
Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M
A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.
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May 30, 2025
Generic-Drug Makers Near Exit From Depo-Provera MDL
Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.
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May 30, 2025
Pa. Agencies Escape Suit Over Child's Fatal Abuse, For Now
Several Pennsylvania child welfare agencies and officials have been let out of a lawsuit claiming they were responsible for a 12-year-old girl's fatal abuse by her father and stepmother, but the court afforded the plaintiff the opportunity to refile the suit against officials in their individual capacities.
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May 30, 2025
Oklahoma Overrides Veto To Fund Indigenous Missing Cases
The Oklahoma Legislature has voted to override Gov. Kevin Stitt's veto of a bill that would allow state funding to address the issue of missing and murdered Indigenous persons, with the overrides winning overwhelming approval in both the state House and Senate.
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May 30, 2025
Associations Back Airplane Parts Cos. In NC Crash Appeal
The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.
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May 30, 2025
Prosecutors Bet On Diddy's Ex-Workers To Build RICO Case
Witnesses who worked for Sean "Diddy" Combs and saw his alleged abuses are a crucial component of federal prosecutors' racketeering case against the music icon, legal experts told Law360, as testimony from another anguished former worker came into the high-profile trial on Friday.
Expert Analysis
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.