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Personal Injury & Medical Malpractice
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August 28, 2025
9/11 MDL Families Clear Immunity Hurdle To Sue Saudi Arabia
Saudi Arabia cannot escape claims that kingdom officials helped hijackers who carried out the terrorist attacks of Sept. 11, 2001, a Manhattan federal judge ruled Thursday, finding that victims' families have adequately alleged their claims fall under an exception that waives the kingdom's sovereign immunity.
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August 28, 2025
Pa. Hospital Fraud Suits Barred By $19M Deal, Panel Says
A split Pennsylvania appellate panel on Thursday tossed two suits accusing a hospital of fraudulently inducing plaintiffs to settle a bad birth suit for $19 million by failing to disclose a key document, saying the settlement's release of claims bars the suits.
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August 28, 2025
Ga. Family Loses Sex Assault Suit Over Underage Drinking
The Georgia Court of Appeals said this week a couple can't sue the owner of a home where the couple's teenage daughter was allegedly sexually assaulted, ruling that state law shielded the owner from liability despite allegations he allowed underage drinking at the house.
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August 28, 2025
Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns
Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.
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August 28, 2025
Baltimore Med Mal Atty Appeals $25M Extortion Conviction
A medical malpractice attorney in Baltimore who was convicted in federal court in April of attempting to extort $25 million from the University of Maryland Medical System has asked the Fourth Circuit to review his conviction, saying he was unfit to represent himself at trial.
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August 28, 2025
Roblox, Discord Accused Of Failing To Protect 11-Year-Old
Roblox and Discord have been hit with yet another lawsuit alleging the online platforms aren't safe for children and that they allow predators to groom youth, with the latest complaint filed by a Michigan woman who claims she was only 11 years old when she was exploited by an adult predator.
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August 28, 2025
Common Alcohol Monitor Braces Cause Injury, Suit Says
An Ohio man filed a lawsuit in Colorado federal court on Thursday alleging an alcohol monitoring ankle brace made by Alcohol Monitoring Systems Inc. led to him needing to go to the emergency room and ultimately missing a week of work.
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August 28, 2025
Insurer Says No Coverage For Parking Garage Death Suit
An insurer said it has no duty to defend or indemnify a parking garage designer accused of improperly designing a facility at a New Jersey university after a man jumped from an upper level and died, telling a New York federal court that another carrier owes coverage instead.
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August 28, 2025
Drug Use, Crimes Not Reasons To Escape $760K Bite Judgment
An Indiana appeals court on Thursday refused to vacate a $760,000 default judgment against a woman who was sued for failing to supervise her dog when it mauled a neighbor, saying that the drug use and criminal proceedings she blames for missing notice of the suit are not excusable neglect.
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August 28, 2025
Philly Must Pay $3M To Man Police Shot, Framed For Rape
The city of Philadelphia must pay $3 million to Termaine Hicks, a man who claimed he was wrongfully incarcerated after police shot and allegedly framed him for a 2001 rape while he attempted to help the victim lying on the ground in South Philadelphia, according to a federal judge's Thursday ruling.
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August 28, 2025
Hartford Cops' Assault Response Reveals Bias, Court Told
The city of Hartford's police department discriminates against women of color by failing to properly investigate their claims of sexual assault, counsel for a Connecticut state representative told a federal judge Thursday, while the municipality argued that she has not backed the allegation that the force is biased.
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Fla. Justices Reject Carole Baskin's Defamation Appeal
The Florida Supreme Court declined Thursday to take up the appeal of a decision reviving defamation claims against "Tiger King" star Carole Baskin over statements on YouTube claiming her missing husband's former assistant embezzled $600,000.
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August 28, 2025
Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim
The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.
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August 27, 2025
Southwest Flyer Attacked In Viral TikTok Blames Open Seating
A Southwest Airlines Co. passenger who earlier this summer was attacked by an intoxicated fellow flyer in an assault caught on video that went viral on TikTok is now suing the airline and her attacker, blaming Southwest for allowing the "visibly impaired" passenger to board and choose her own seat.
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August 27, 2025
Cardi B Admits Physical Contact With Security Guard
Cardi B admitted in trial Wednesday that there was some physical contact between her and a security guard who claims the rapper assaulted her, after saying Tuesday there had been none.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
Undercover Operation Detailed In Trial Of Slain Fla. Law Prof
Law enforcement agents took the stand in Florida state court Wednesday to provide details of an undercover operation in the investigation of Donna Adelson, who is on trial for allegedly masterminding a conspiracy to have assassins kill university law professor Dan Markel in 2014.
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August 27, 2025
Stew Leonard's, Cookie Co. Face Trimmed Allergy Death Case
Grocery chain Stew Leonard's and a manufacturer must face punitive damages and product liability claims by the estate of a professional dancer who ate mislabeled cookies and died from an allergic reaction, but both companies won't have to face stand-alone wrongful death claims under a separate statute, a Connecticut judge has ruled.
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August 27, 2025
Hospice Care Co. Can't Duck Claims It Covered Up Death
A Texas appeals court has thrown out wrongful death and negligence claims against a hospice care provider in a suit alleging its employees are liable for a man's death from fentanyl overdose, but allowed claims that they covered up the cause of death by falsifying patient records to proceed.
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August 27, 2025
Genesis Wins OK For $30M DIP, Ch. 11 Sale Process
A Texas bankruptcy judge on Wednesday gave final approval to nursing home operator Genesis Healthcare Inc.'s updated $30 million debtor-in-possession loan and Chapter 11 sale procedures after a three-day hearing, overruling unsecured creditors' objections.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
Maine Cop Says Jury Must Decide SIG Sauer Discharge Suit
A Maine detective is urging a federal court not to grant SIG Sauer Inc.'s bid for summary judgment in his suit alleging that he was injured when his P320 pistol discharged in his holster because of its defective design, saying he's put forth enough evidence that a jury should decide the case.
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August 27, 2025
Live Nation Concertgoer Claims Violent Treatment By Security
Events giant Live Nation Entertainment Inc. is facing a lawsuit in Washington federal court over what a concertgoer claims was violent treatment by security guards and sheriff's deputies following a 2022 show at the Gorge Amphitheatre in Quincy, Washington.
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August 27, 2025
Splenda Maker Knows It Contains Toxic Chemical, Scientist Says
A scientist accused of falsely stating that Splenda contains cancer-causing chemicals asked a North Carolina federal court to amend her counterclaims, alleging that Splenda-maker TC Heartland LLC has performed tests showing the sweetener contains the very chemical she warned of.
Expert Analysis
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.