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Personal Injury & Medical Malpractice
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July 11, 2025
Hospital Says Wash. Withholding Docs In Billing Fraud Suit
A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
Tesla Faces Trial Over Fatal Autopilot Crash In Florida
The first third-party wrongful death case involving Tesla's autopilot system is headed to trial Monday in Miami federal court, where jurors will determine whether the autopilot was at fault for the death of a pedestrian in a Florida Keys crash.
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July 11, 2025
Gun Group's NJ Nuisance Law Case Paused Amid State Action
A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.
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July 11, 2025
NJ Libel Suit Against 'Legal Edutainer' Tossed For Good
A New Jersey federal judge on Friday tossed for good claims that a self-proclaimed online "legal edutainer" defamed the founder of a company that aims to help celebrities in mental health crises, finding that the complaint failed to remedy earlier complaints' pleading defects.
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July 11, 2025
2nd Circ. Backs NY Liability Law Targeting Gunmakers
The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.
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July 11, 2025
Fla. Panel Sends Trampoline Park Injury Suit To Arbitration
A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Litigation Funder Can't Escape Crash Loans Suit, Court Told
A married couple suing a litigation funding firm and multiple law firms, alleging they steered the couple into high-interest loans, told a New Jersey state court that they adequately pled fraud and urged the court not to dismiss their case against the funder.
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July 11, 2025
'Sketchy' Details Of Doc's Death Leave Fraud Case In Limbo
A Manhattan federal judge said Friday that he would consider dismissing charges against a New York City doctor accused of facilitating a $70 million insurance fraud if his death is confirmed, but cited ongoing questions over his purported demise in a boating accident.Â
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
Penn Hospital Can't Escape Record $207M Med Mal Judgment
A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
Conn. Hospital Hit With $20M Wrongful Death Verdict
A Connecticut state jury on Wednesday slapped an anesthesiologist group and Middlesex Hospital with a $20 million verdict, finding that they negligently ignored multiple signs that a patient was bleeding during and after a routine abdominal surgery.
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July 10, 2025
Golfer's Defamation Suits Not Up To Par, 11th Circ. Says
The Eleventh Circuit won't revive a pair of defamation suits by golfer Patrick Reed against media outlets he accused of defaming him by reporting accusations of cheating and criticism of his association with a Saudi Arabia-backed golf organization.
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July 10, 2025
50 Cent's Ch. 11 Reopened After Woman's $20M Injury Suit
A Connecticut bankruptcy judge on Thursday reopened recording artist 50 Cent's 2015 Chapter 11 case but allowed a New York jurist to first decide whether to dismiss a woman's $20 million injury case, setting up a potential showdown over whether a 2017 discharge order might upend the woman's February lawsuit.
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July 10, 2025
Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit
The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
Texas Cop's Estate Can't Redo Trial Over Accidental Evidence
A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.
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July 10, 2025
Conn. Panel Will Again Hear Ex-Alex Jones Atty's Ethics Case
The Connecticut Appellate Court will hear former Alex Jones attorney Norm Pattis' second appeal of his already-reduced, two-week suspension for allowing a former associate to send Sandy Hook medical records to other Jones attorneys who had not signed a confidentiality order.
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July 10, 2025
Ga. Atty Avoids Sanctions In Suit Over Fatal Police Shooting
A Georgia federal judge has rejected Savannah officials' bid to sanction attorneys suing for civil rights violations in the 2022 shooting death of a Black man by a police officer who's facing murder charges, finding Wednesday that an attorney's comments to the media weren't made in bad faith — but warned counsel to "tread carefully."
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July 10, 2025
Veteran In-House Atty Heads McAllister Olivarius' US Practice
A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.
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July 10, 2025
Morgan & Morgan Expands With Jersey Shore Office
Personal injury giant Morgan & Morgan PA, the largest personal injury firm in the country, is growing its presence in New Jersey with an office in Wall Township at the Jersey Shore, the firm announced Wednesday.
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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.
Expert Analysis
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.