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Personal Injury & Medical Malpractice
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August 12, 2025
COVID Death Suits May Need Special Master For Discovery
A court-appointed "special master" will likely be necessary to sort out discovery disputes in a lawsuit over a Pittsburgh-area nursing home's pandemic policies, after a state judge's limits on document searches still returned more than 133,000 pages of results.
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August 12, 2025
Fla. Apartment, Worker Escape Airman's Wrongful Death Suit
A Florida federal judge dismissed a lawsuit over the police shooting death of a U.S. Air Force airman against an apartment complex and an employee who dialed 911, saying that the complaint "sends the wrong message to the public."
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August 12, 2025
Kirkland Grows New Philly Office With Mass Tort Specialist
Kirkland & Ellis LLP continued growing its Philadelphia office months after entering the market with the recent addition of a litigator specializing in representing pharmaceutical and medical device companies in liability cases.
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August 12, 2025
Travelers Units Freed From Builder's Asbestos Injury Dispute
A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.
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August 12, 2025
Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims
A Georgia federal judge has granted Morgan & Morgan's request to send a former client's malpractice claims into arbitration, ruling that an arbitration agreement between the parties is enforceable.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill
More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.
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August 11, 2025
9th Circ. Says LA Men Have Ammo In Gun Rights Class Action
The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.
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August 11, 2025
Neighbors, Insurers File Suits Over Fatal Pa. Gas Explosion
The owners or insurers of more than five dozen properties in a Pittsburgh-area housing development have filed lawsuits over a massive natural gas explosion that leveled three houses, killed six people and allegedly caused damage across the neighborhood.
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August 11, 2025
4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest
An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
Soda Makers Sued Over Banned Brominated Soybean Oil
A pair of Pennsylvania men are suing the makers of Frostie and Faygo brand sodas in state court, saying the sodas contain brominated soybean oil, which has been banned by federal regulators because it is dangerous to consume.
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August 11, 2025
NY Judge Won't Unseal 'Redundant' Maxwell Grand Jury Docs
A New York federal judge on Monday denied the Trump administration's bid to unseal grand jury transcripts and exhibits in the prosecution of Ghislaine Maxwell, who is appealing a 20-year prison sentence for trafficking teenage girls for sex offender and disgraced financier Jeffrey Epstein, concluding that the materials contain almost nothing new.
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August 08, 2025
8th Circ. Revives Floyd Protestor's Arson Case Challenge
A protester convicted of arson at a Minneapolis pawn shop during 2020 protests over the murder of George Floyd — and where the dead body of another man was later found — will get another shot at vacating his sentence after the Eighth Circuit ruled Friday that a district court miscalculated the deadline to challenge his sentence.
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August 08, 2025
Ex-Ga. ICE Doc Ends Slander Suit Against Amazon Podcast
A former physician at a Georgia immigration detention center has settled his lawsuit against a true crime podcast and its host, alleging they defamed him by claiming he performed forced hysterectomies on detainees.
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August 08, 2025
Injured Woman Owes Ex-Attys More Than She Won At Trial
A Texas appeals court has affirmed a $150,000 arbitration award for a law firm sued over the contingency fees owed by a former client in a personal injury suit that ended in a post-trial settlement of about $130,000, rejecting the woman's bid to invalidate the award.
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August 08, 2025
Hospital, Clinic Exit Suit Over Man's Fatal Stabbing
A California appeals court has refused to revive a woman's suit against a psychiatric hospital and outpatient clinic blaming them for the death of her husband who was stabbed by her mentally ill son, saying the healthcare providers are shielded by a psychotherapist immunity statute.
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
Fla. Panel Slams 'Unending Demand' In Nursing Home Suit
A Florida appeals court reinstated an estate's suit against the owners and managers of a nursing home over the lack of treatment of one of its now-deceased residents, chastising the "seemingly unending demand" for detail as the trial court repeatedly called for amendments to the initial complaint.
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August 08, 2025
AT&T Faces Suit After Fiber Optic Cable Kills Texas Woman
The family of a Texas woman who died in May after a low-hanging fiber optic line struck her in the head is suing AT&T and its cable maintenance contractor, claiming that the cable hung below required safety code heights and that the companies failed to follow proper installation procedures.
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August 08, 2025
Ga. Court Keeps Insurer's Shooting Coverage Dispute Alive
A Georgia federal judge refused to grant AMCO Insurance Co. an early win on most claims in its suit asserting it has no duty to defend an Atlanta apartment complex sued by a resident who was struck by bullets while sleeping.
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August 08, 2025
Costco Judgment Reversed Over Expert Report Rule Misstep
The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.
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August 08, 2025
Wash. Firm's $1M Cyber Insurance Suit Survives Dismissal
A Washington federal court rejected a cyber insurer's bid to dismiss a law firm's coverage action alleging it lost more than $1 million in a data breach that also involved spoofed emails, finding the insurer's interpretation of the word "for" was unreasonable, given the structure of the policy.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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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.