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Personal Injury & Medical Malpractice
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August 27, 2025
Accuser Can Stay Anonymous In Suit Over Ex-DA Sex Assault
A woman suing Somerset County, Pennsylvania, and its former district attorney over his stalking, harassment and sexual assault can continue with her civil case under a "Jane Doe" pseudonym, a federal judge ruled Wednesday.
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August 27, 2025
Personal Injury Firm Accuses Rival Of 'Bait And Switch'
A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.
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August 26, 2025
OpenAI, ChatGPT Blamed In Suit Over Calif. Teen's Suicide
The parents of a California teenager who died by suicide earlier this year filed a wrongful death suit in Golden State court Tuesday, claiming that OpenAI's artificial intelligence tool ChatGPT encouraged self-harm and suicidal ideation and then helped the 16-year-old plan his death.
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August 26, 2025
Cardi B Testifies Fight With Guard Never Got Physical
Cardi B told a Los Angeles jury Tuesday that she screamed and cursed during a confrontation with a medical building security guard but said it's simply false that she ever assaulted the guard.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Mich. Paper Mill Settles Noxious Odor Suit
After losing their bid for class certification, property owners who complained about a rotten-egg smell coming from a nearby paper mill have reached a deal with Graphic Packaging International, according to an order by a Michigan federal judge, who dismissed the case on Tuesday.
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August 26, 2025
Delta To Pay LA Residents $79M For Dumping Fuel On Them
Delta Air Lines Inc. and a certified class of Angelenos urged a California federal judge to vacate his summary judgment ruling and preliminarily approve their $78.75 million deal under which class counsel would receive up to $26 million to end consolidated litigation over a 2020 jet fuel dumping incident.
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August 26, 2025
Airbnb Argues Secret Filming Not Legally Sexual Harassment
Airbnb says the federal law prohibiting forced arbitration in sexual misconduct claims doesn't apply to a lawsuit filed by six women who claim that they were secretly filmed nude during their stay at a California rental, arguing to a Los Angeles County court that clandestine recordings do not count as sexual assault or harassment.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Fla. Jury Hears Money Trail In Law Professor's Murder Trial
Multiple witnesses were called to the stand in Florida state court Tuesday in the trial of a woman accused of masterminding a conspiracy involving hiring hitmen to murder a law professor amid a custody dispute over her grandchildren, telling jurors about financial transactions that occurred before and after the killing.
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August 26, 2025
Towing Co. Fights 'Excessive' $45M Motorcycle Crash Verdict
A Connecticut towing and recovery company has asked a state judge to order a new trial or reduce a jury's $45 million verdict for a motorcycle rider who was left permanently paralyzed in a crash with a customer's vehicle, calling the award "excessive" and unsupported by the plaintiff's own expert witness.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Sorrels Law Adds Litigation Ace From Houston Trial Boutique
Sorrels Law has added a partner in Houston who brings nearly three decades of experience handling personal injury and complex commercial litigation matters and who joins from Fleming Nolen & Jez LLP, a commercial litigation and personal injury boutique in the process of winding down.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 26, 2025
Canadian Tobacco Co.'s Tort Deal Gets US Recognition
A New York bankruptcy judge Tuesday granted U.S. recognition to the restructuring of one of Canada's largest tobacco distributors as part of its participation in a CA$32.5 billion ($23.59 billion) settlement of Canadian tobacco lawsuits.
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August 26, 2025
Atty's Comments Don't Warrant A New Trial In Crash Suit
A Florida appeals panel has reversed an order for a new trial in a suit over a car accident, saying that the trial court abused its discretion in finding that the defense attorney's comments warranted a redo in the case.
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August 25, 2025
Lion Air Plaintiffs Say High Court Ruling Allows RICO Claims
An Illinois federal judge seemed skeptical Monday that a recent U.S. Supreme Court ruling opened the door for an entrepreneur's family to add civil racketeering claims to their lawsuit stemming from a 2018 Lion Air crash that destroyed cargo they say is necessary to continue doing business in Italy.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
NC Woman Says Starbucks' Lid Design Led To Severe Burns
A North Carolina woman has claimed she suffered "severe burns" and permanent scarring when her Starbucks coffee lid "popped off without warning," spilling a hot Americano onto her lap, according to a product liability lawsuit recently removed to federal court.
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August 25, 2025
Chubb Units Say No To Test Cases In Archdiocese Ch. 11
Insurance carriers for the Archdiocese of San Francisco urged a California bankruptcy court to reject a deal between the archdiocese and sexual abuse claimants to allow five lawsuits to proceed despite a Chapter 11 automatic stay.
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August 25, 2025
Wash. Judge Clears Feds In Navy Vet's VA Negligence Suit
A Washington federal judge said Monday that the federal government is not liable for medical malpractice in a U.S. Navy veteran's case blaming a U.S. Department of Veterans Affairs psychiatrist for her December 2011 psychotic episode that turned violent, finding the doctor made no missteps when treating her in the weeks before the incident.
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August 25, 2025
NC Justices Say It's Golfer's Own Fault He Was Hit By Ball
The North Carolina Supreme Court won't let a golfer revive his suit alleging that another golfer and the city that owned a driving range are liable for injuries he sustained when he was hit in the eye with a ball, saying his claims are blocked because of his own negligence and failure to see to his own safety.
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August 25, 2025
Supervised Release Violators Can Be Jailed, 2nd Circ. Says
The Second Circuit on Monday ruled that federal judges have the authority to detain criminal defendants who are awaiting a hearing to determine whether they violated the terms of their supervised release.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
Expert Analysis
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.