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Personal Injury & Medical Malpractice

  • July 29, 2025

    9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits

    A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.

  • July 29, 2025

    Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'

    The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.

  • July 29, 2025

    Tesla Expert Says No Tech Would've Stopped Reckless Driver

    No improved autopilot technology would have changed the reckless behavior of the Tesla driver who caused a fatal crash in the Florida Keys, an expert psychologist told federal jurors Tuesday in the trial over whether the car's autopilot software contributed to the crash.

  • July 29, 2025

    RFK Jr. Slams Vaccine Injury Program: 3 Things To Know

    U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. is taking aim at the national program that compensates people for vaccine injuries, calling it a "heartless" system that he intends to fix.

  • July 29, 2025

    Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death

    The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."

  • July 29, 2025

    Allianz Owes Coverage For Hot Air Balloon Crash Suits

    An Allianz insurer has a duty to defend and indemnify a hot air balloon company facing multiple suits over crashes that injured several passengers under the policy's balloon premises liability coverage, a Wyoming federal court ruled Tuesday.

  • July 29, 2025

    Sens. Introduce Aviation Safety Bill 6 Months After DCA Crash

    Republican senators introduced legislation Tuesday that would mandate aircraft-tracking technology in civilian and military aircraft, alongside fresh audits of Federal Aviation Administration and U.S. Army practices, six months after January's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.

  • July 29, 2025

    Symetra Gets Final OK On $2.1M Structured Settlement Suit

    A Washington federal judge has given final approval to a $2.175 million deal to end allegations that insurance conglomerate Symetra tricked structured settlement recipients into trading their long-term payments for a heavily discounted lump sum.

  • July 29, 2025

    Worker Caused Own Drunk Driving Death, Conn. Court Told

    A woman who died in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked is responsible for her own death because she drank too much and failed to obey traffic laws, the defendants in her estate's lawsuit said in their answer to the complaint.

  • July 29, 2025

    Seeger Weiss Named Lead Negotiation Counsel In J&J MDL

    A New Jersey federal judge overseeing long-running multidistrict federal litigation against Johnson & Johnson over its talcum powder products has appointed Christopher A. Seeger of Seeger Weiss LLP to lead a negotiation team to guide plaintiffs through settlement talks.

  • July 29, 2025

    Rochester Diocese Judge To Approve $246M Ch. 11 Plan

    A New York bankruptcy judge said Tuesday he was prepared to approve the Roman Catholic Diocese of Rochester's $246.4 million settlement of abuse claims in Chapter 11 after survivors voted unanimously to accept the deal.

  • July 28, 2025

    Patent Damages Explode As Practice Areas See Wild Swings

    Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.

  • July 28, 2025

    EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit

    An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.

  • July 28, 2025

    Tesla Defends Autopilot Technology At Trial Over Fatal Crash

    Tesla vehicles with autopilot engaged reported fewer crashes than those without, a Tesla corporate representative told jurors Monday in a trial over a fatal Florida Keys crash.

  • July 28, 2025

    Smucker, Chubby Snacks End TM Spat Over Uncrustables

    J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.

  • July 28, 2025

    Ga. Appeals Court Sends DOT Crash Case Back For Another Go

    Georgia's Department of Transportation can't escape a wrongful death lawsuit over a vehicle passenger killed by a tractor-trailer at an intersection, a state appeals court ruled Monday, saying that a jury has to decide whether overgrown vegetation, which the agency had a duty to trim down, contributed to or caused the crash.

  • July 28, 2025

    PBMs Can't Escape NY State Law Claims In Opioid MDL

    Two UnitedHealth subsidiaries cannot escape claims that they exacerbated the opioid crisis by providing data analytics and consulting services to drugmakers, a federal judge overseeing the multidistrict litigation ruled on Monday, saying the New York state municipalities have adequately alleged RICO by claiming they were part of the same criminal conspiracy.

  • July 28, 2025

    Ex-Nurse's VA Negligence Case Doubted By Seattle Judge

    A Seattle federal judge appeared unconvinced on Monday that a U.S. Navy veteran had proven substandard psychiatric care caused a psychotic episode that led to her stabbing her mother, suggesting key allegations aren't backed by testimony as a bench trial wrapped in her case targeting a U.S. Department of Veterans Affairs doctor. 

  • July 28, 2025

    Amazon Looks To Ax Claims Of Heavy Metals In Rice Products

    Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."

  • July 28, 2025

    Splenda-Maker Says Emails Show NC Scientist Ignored Data

    The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.

  • July 28, 2025

    Widow Asks 4th Circ. To Revive Freight Broker Claim

    A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.

  • July 28, 2025

    Gun Exclusion Prevents Coverage For Ga. Bar Shooting Suits

    An insurer has no duty to defend or indemnify a bar against underlying suits over a shooting that injured several patrons, a Georgia federal court ruled, finding that a firearms exclusion in the bar's commercial general liability policy precludes coverage.

  • July 28, 2025

    2nd Abbott Baby Formula Bellwether Falls Before Trial

    An Illinois federal judge handed Abbott Laboratories summary judgment on Monday in the second bellwether that had been set for trial in multidistrict litigation over allegations its cow's milk-based formula can cause severe gastrointestinal illness in premature babies, while saying she will leave the door open to revive and later try the case.

  • July 28, 2025

    Seton Hall Beats 2 Basketball Players' Gross Negligence Suit

    A New Jersey federal judge on Monday granted Seton Hall University summary judgment in a gross negligence suit filed by two former basketball players, ruling the school's trainers did not depart from the "standard of reasonable care" when treating the athletes' injuries.

  • July 28, 2025

    Peloton Looks To Snuff Out Investors' Recall Suit Again

    Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.

Expert Analysis

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    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.

  • What Insurers Should Know About AI Use In Litigation

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    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.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    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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