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Personal Injury & Medical Malpractice
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July 21, 2025
Enterprise Need Only Check License, Conn. Panel Rules
Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.
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July 21, 2025
Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust
Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.
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July 21, 2025
Baseball Training Co. Must Face Suit Over Mom's Injury
Indiana's court of appeals ruled that a baseball training center cannot escape a lawsuit accusing the business of negligence after an admittedly unstable training screen fell over and caused a head injury to the mother of one of the trainees.
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July 21, 2025
Tesla Driver In Crash Says He Was 'Too Comfortable' With Car
The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Calif. Court Orders Drug Deal Retrial Over Mistaken Admission
A California state appeals court on Monday demanded a new trial on drug dealing charges for a man who admitted to possessing cocaine while on probation, finding a trial court judge had erroneously admitted botched testimony the man gave in a probation hearing.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Son Of Convicted Mich. Doc Ditches Fraudulent Transfer Case
The son of a Michigan doctor accused of fraudulently selling property and sending money to his family to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud conviction was dismissed from the government's fraudulent transfer lawsuit against his father on Monday.
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July 21, 2025
Pa. Hospital Can Shield Some Docs In Birth Injury Suit
A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
Family Accuses Pizza Shop Of Failing To Prevent Fatal Beating
The family of a line cook sued the restaurant, its owner and others in Pennsylvania court Friday, accusing them of goading a violent patron and failing to protect the cook from that patron, who allegedly beat him to death.
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July 21, 2025
Dentist Can't Shake $11.4M Verdict Over Patient's Cancer
A Pennsylvania Superior Court on Monday affirmed an $11.4 million verdict against a dentist who allegedly ignored signs of skin cancer during appointments, rejecting her argument that the evidence didn't support the verdict.
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July 21, 2025
Ruger Says Colo. Shooting Suits Can't Lean On Conn. RulingÂ
Sturm Ruger & Co. on Monday asked a Connecticut state judge to strike lawsuits by the families of the victims of a Colorado mass shooting, saying litigation from the Sandy Hook massacre does not open the Constitution State's unfair trade practices statute to all advertising-based claims against gunmakers.
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July 21, 2025
Uber Sues LA Law Firms Over Alleged Crash Fraud Scheme
Uber Technologies Inc. filed a lawsuit Monday against two Los Angeles personal injury firms, two of their attorneys and others, alleging the ride-sharing company is being targeted by a scheme involving fraudulent personal injury claims arising from motor vehicle accidents.
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July 21, 2025
2nd Circ. Affirms Big Banks' Win In Terrorism Financing Fight
A New York federal judge was right to dismiss a suit seeking to hold Deutsche Bank, Standard Chartered Bank and Danske Bank liable for aiding and abetting terrorist bombings in Afghanistan, a Second Circuit panel ruled Monday.
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July 21, 2025
Ga. Motel Settles Sex Trafficking Suit Days Before Trial
An Atlanta-area hotel facing claims that it let sex trafficking go unchecked on its property has reached a $6 million settlement with an alleged victim just days before trial, according to her attorney, and less than a week after another Georgia inn was hit with an eight-figure verdict over similar allegations.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Shannon Sharpe, Rape Accuser Settle $50M Suit
Pro Football Hall of Famer Shannon Sharpe and a woman who accused him of raping and threatening to choke her during a rocky relationship have agreed to settle her lawsuit, the woman's attorney announced Friday on social media, citing "protracted and respectful negotiations."
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July 18, 2025
DOJ Asks To Unseal Epstein Grand Jury Files Amid GOP Flak
The U.S. Department of Justice asked a New York federal judge on Friday to unseal grand jury testimony from the prosecution of disgraced financier Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans, including House Speaker Mike Johnson, asking for more transparency about the case.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
Oxford Shooting Victim's Estate Can Sue Cops, Court Finds
A Michigan appellate panel reopened a lawsuit from the father of a student killed in the Oxford High School shooting alleging state police failed to act on tips about the threat of an attack, finding a provision designed to extend filing deadlines for estates applies to claims against the state.
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July 18, 2025
Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car
A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
Ga. Facility Exposed Workers, Families To Mercury, Suit Says
A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.
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July 18, 2025
Suit Says Mazda's Sensors Missed Motorcyclist In Blind Spot
Mazda Motor Corp. manufactured its CX-5 SUV with a defective blind spot monitoring system that failed to warn its driver that there was a motorcyclist in the lane he merged into, according to a lawsuit filed by a Pittsburgh-area family that claims the biker suffered life-altering injuries.
Expert Analysis
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
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.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
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.
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Litigation Funding Disclosure Debate: Strategy Considerations
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.
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Series
Adventure Photography Makes Me A Better Lawyer
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.
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5 Ways To Create Effective Mock Assignments For Associates
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.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from
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.
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What Public View Of CEO's Killing Means For Corporate Trials
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.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
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.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
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.
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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.