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Personal Injury & Medical Malpractice

  • July 14, 2025

    Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road

    The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.

  • July 14, 2025

    Fans Settle With NFL's Commanders In Railing Collapse Suit

    NFL fans suing the Washington Commanders for negligence over injuries they sustained from a collapsing stadium rail have reached a settlement with the team following a Fourth Circuit ruling that could have landed the plaintiffs in arbitration.

  • July 14, 2025

    Girardi Keese CFO Gets 5 Concurrent Years For Aiding Theft

    Girardi Keese's former accounting head should serve more than five years alongside the 10 he's already logging for his role in helping Tom Girardi steal millions from plane crash clients who'd settled their cases in Chicago, an Illinois federal judge said Monday.

  • July 14, 2025

    Assault Exclusion Bars Drywall Co.'s Murder Coverage Bid

    A drywall company's insurer has no duty to cover the business in a pending wrongful death lawsuit over a woman's murder, a Texas federal court ruled Monday, saying that both "common sense" and a "plethora of caselaw" support its finding that an assault and battery exclusion applies.

  • July 14, 2025

    Victim's Family Says Tesla 'Set Stage' For Fatal Fla. Crash

    The family of a woman killed in a Florida Keys crash told jurors Monday that Tesla Inc. "set the stage" for a reckless driver to plow into the woman's vehicle by overhyping its autopilot software's capabilities despite knowing of vulnerabilities in the program.

  • July 14, 2025

    Law Student Burned At Mass. Frat Party Sues Everclear Maker

    A Boston University exchange student who suffered third degree burns after 190-proof Everclear was poured near open fire at a fraternity party that created an explosive fireball sued the product's manufacturer in Massachusetts federal court Sunday, arguing it dangerously markets the product for wide range of uses near flammable sources.

  • July 14, 2025

    Airbnb Wants Out Of Pittsburgh House Party Shooting Suit

    Airbnb said it has resolved all but one of a group of lawsuits brought against it after a 2022 mass shooting at a party at a Pittsburgh house rented through the app, and has renewed its objections to the last remaining claims from the family of a shooting victim.

  • July 14, 2025

    Insurer Seeks $1M Coverage Cap Over 175 Silica Suits

    An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.

  • July 14, 2025

    11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity

    A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.

  • July 14, 2025

    TV Reporter Fights Town's Appeal After Broken Leg Trial Win

    A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.

  • July 14, 2025

    Insurer Needn't Defend Texas Ranch In Horse Abuse Suit

    An insurer has no duty to defend an equestrian facility against claims that its negligence contributed to the injury, neglect, and even death, of horses that were kept on its property, a Texas federal court ruled, reserving any ruling on the insurer's duty to indemnify for a later date.

  • July 11, 2025

    VA Watchdog Says Burn Pit Claims Denials Still Had Errors

    The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.

  • July 11, 2025

    5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims

    The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.

  • July 11, 2025

    Ethiopian Airlines Case Settles '2 Minutes' Before Last Hearing

    A Chicago damages trial set for a man who lost his immediate family in an Ethiopian Airlines plane crash can be taken off the books because his case settled "literally two minutes" before his final pretrial hearing, attorneys told an Illinois federal judge Friday.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

Expert Analysis

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    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.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    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.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    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.

  • How To Accelerate Your Post-Attorney Career Transition

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    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.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    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.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    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.

  • Series

    Birding Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    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.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    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.

  • Tracking Changes To AI Evidence Under Federal Rules

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    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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