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Personal Injury & Medical Malpractice
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August 07, 2025
7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial
The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.
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August 07, 2025
2nd Circ. Says Asylum Status Must Be Current For Green Card
Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.
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August 07, 2025
4th Circ. Revives Suit Over Threats To Trans Teen At School
A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.
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August 07, 2025
Teamsters Say Airgas Released Hazardous Gas On Strikers
Members of a New Jersey-based Teamsters union have sued Airgas, alleging that the company released an unknown hazardous gas on them as they were peacefully picketing outside company facilities in New Jersey and Illinois, with both releases creating a "dense white cloud plume" that enveloped the striking workers.
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August 07, 2025
False Light Claims Barred After 1 Year, NJ Justices Rule
The New Jersey Supreme Court on Thursday held that false light invasion of privacy claims are subject to a one-year statute of limitations, backing a lower court's decision to toss a Garden State man's suit over comments that he dealt drugs to high school students.
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August 07, 2025
NJ Panel Restores Infant Death Suit Over Alleged Misdiagnosis
A New Jersey state appeals court on Thursday revived a medical malpractice lawsuit filed by the parents of a 3-week-old infant who died just hours after being discharged from a hospital, finding the trial court wrongly excluded expert testimony that could support claims of misdiagnosis and improper care by multiple healthcare providers.
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August 07, 2025
Fox Rothschild Must Face Litigation Funding Suit, Court Told
A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.
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August 07, 2025
Ex-Knick Slams Madison Square Garden's $1.5M Fee Request
Charles Oakley slammed Madison Square Garden's bid for $1.5 million in attorney fees stemming from its pursuit of the former New York Knick's deleted text messages in his battery suit against the arena, claiming that only "bad faith" could justify such an "inflated" request.
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August 07, 2025
Mich. Agency Can't Shake Suit Over Fights At Psych Hospital
The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight.Â
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August 07, 2025
Wawa Beats Injury Suit Appeal Despite Deleted Footage
The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.
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August 07, 2025
Insurer Says Conviction Bars Coverage For Police Injury Suit
An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.
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August 06, 2025
States Urge Justices To Back Med Mal Laws In Federal Court
Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.
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August 06, 2025
Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case
A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.
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August 06, 2025
RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says
A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.
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August 06, 2025
Pa. Panel OKs Doctor's Midtrial Win In Bad Surgery Suit
A Pennsylvania appellate panel on Wednesday upheld a trial judge's decision to grant a midtrial win to a physician accused of botching a woman's saliva gland removal surgery, saying the plaintiff's liability theory was not supported by the testimony of her medical expert.
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August 06, 2025
Archdiocese Seeks Reinsurance Docs In Sex Abuse Row
The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."
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August 06, 2025
Golfer Wants Full 11th Circ. To Take Swing At Defamation Suit
Pro golfer Patrick Reed urged the full Eleventh Circuit Tuesday to take a second look at his failed defamation suit against a litany of media organizations and figures, arguing that a three-judge panel "abjectly failed" to properly review his complaints after their dismissal by a Florida federal judge.
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August 06, 2025
Philly To Pay $3M To Pedestrians Hurt In Police Chase: Attys
The city of Philadelphia has agreed to pay nearly $3 million to resolve a civil rights lawsuit filed by pedestrians, including a child, who were hit by a police motorcycle engaged in a high-speed pursuit, the plaintiffs' attorneys said Wednesday.
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August 06, 2025
Family Says Court Must Face Bias Suit Over Witness Killing
The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.
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August 06, 2025
CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer
A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.
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August 06, 2025
Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL
A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
Meta Says Section 230 Blocks Teen's Nude Photo Suit
Meta Platforms Inc. and its affiliates are urging a California state court to throw out a teen's claims against it over a partially nude photograph that his classmates shared over Instagram, saying the case involves "quintessential Section 230-protected publishing activity."
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August 05, 2025
Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds
Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.
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August 05, 2025
Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits
The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.