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Personal Injury & Medical Malpractice

  • September 02, 2025

    11th Circ. Upholds 15-Year Sentence In Armed Career Case

    The Eleventh Circuit on Tuesday ruled that a man's 15-year prison sentence in a federal firearms case did not violate the equal protection clause of the U.S. Constitution, even though a federal judge used a previous marijuana conviction to enhance the sentence.

  • September 02, 2025

    Care Facility Not Covered In Patient Death Suits, Insurer Says

    An insurer said it has no duty to defend or indemnify a long-term nursing care facility in four wrongful death suits, telling an Illinois federal court that general liability and professional liability coverage is barred by a number of policy exclusions.

  • September 02, 2025

    Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims

    A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.

  • September 02, 2025

    Chinese Tire-Maker Is Cut Loose From Wrongful Death Suit

    A Texas appellate panel has dismissed claims against a Chinese tire manufacturer in a wrongful death suit alleging that a defective tire caused a fatal truck accident, saying the trial court was wrong to find that it had enough contacts with the state to support jurisdiction.

  • September 02, 2025

    CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits

    CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.

  • September 02, 2025

    Defective Vascular Port Caused Man's Death, Suit Says

    The family of a Floridian who died after being implanted with an AngioDynamics Inc. vascular port hit the company with a suit in California federal court alleging that the device is defective and can cause multiple severe injuries including sepsis and death.

  • September 02, 2025

    Md. Says Liability Shield Doesn't Apply To Dali Ship Manager

    The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.

  • September 02, 2025

    Witnesses Rebut Jail Confession In Fla. Law Prof Murder Trial

    Two private investigators testified in Florida state court on Tuesday about meeting with the cellmate of a woman accused of hiring hitmen to kill a law professor, but denied that the inmate ever revealed they were told confessions to any portion of the crime that occurred in 2014.

  • September 02, 2025

    Sysco Keeps Trial Win In Motorcycle Accident Injury Suit

    A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.

  • September 02, 2025

    Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit

    A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.

  • September 02, 2025

    Rocker Fights YouTuber's Atty Fees After Defamation Loss

    The singer for the popular rock band Falling In Reverse is challenging a request that he pay $40,700 in defense attorney fees incurred by a YouTube personality he unsuccessfully sued for defamation, calling the amount unjustified and "grossly disproportionate" to the work that attorneys with Cohen and Wolf PC had to perform.

  • August 29, 2025

    11th Circ. Backs CNN Win In Dershowitz Defamation Suit

    The Eleventh Circuit Friday upheld a Florida federal judge's ruling that freed CNN from Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, saying Dershowitz presented no evidence that the news network acted with actual malice when covering his defense of President Donald Trump's 2020 impeachment trial.

  • August 29, 2025

    Cellmates Asked To Lie About Law Professor's Death, Jury Told

    Jailhouse informants testified Friday that they were asked to lie on behalf of a woman accused of hatching a plot to murder a Florida State University law professor, saying gifts were promised for false information about the case. 

  • August 29, 2025

    Cosby Accuser Will Pursue NJ Assault Claims In NY Suit

    An actress who joined the ranks of others accusing actor Bill Cosby of drugging and raping them will drop her New Jersey federal lawsuit over an alleged assault in a Garden State casino and instead press those claims in a New York state lawsuit, according to a stipulation filed Friday.

  • August 29, 2025

    Del. Justices Say Mattel Sleeper Suit Not Ripe For Review

    The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.

  • August 29, 2025

    Tort Report: Uber's 'Click-Through' Arbitration In Pa. Spotlight

    Upcoming oral arguments in a key suit over arbitration terms for Uber passengers and a closely watched medical malpractice case at the Texas high court lead À¶Ý®ÊÓÆµ's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 29, 2025

    6th Circ. Won't Revive Women's College Sex Assault Claims

    A split Sixth Circuit panel on Thursday upheld the dismissal of claims by two women alleging that a Michigan Christian college failed to properly protect or support them after they were victims of sexual assault on campus, finding that the school didn't have a duty to protect them and that its conduct wasn't "extreme or outrageous" enough to support their claims.

  • August 29, 2025

    Atty Wants To Pause Law School Loan Case Judgment For Ex

    A Florida attorney has asked a Connecticut trial court judge to pause an unjust-enrichment judgment requiring him to repay his ex-girlfriend and mother of his child over $30,000 after the court said she "unwisely" cosigned his law school loans, saying the state judgment must be stayed pending the resolution of a separate federal lawsuit between the onetime couple.

  • August 29, 2025

    Philly Wants Sanctions For 'Appalling Treatment' Of Counsel

    In the wake of a $3 million judgment imposed against the city of Philadelphia in the case of a man who claimed he was shot by police and framed for rape, the city has asked a federal judge to sanction one of the plaintiff's lawyers for allegedly making false accusations that defense counsel were racist and suborned perjury.

  • August 29, 2025

    Meet The Attys Facing Off In NJ's First Clergy Abuse Trial

    A high-powered national plaintiffs litigation firm and several local trial experts will face off soon in New Jersey's first civil suit to go to trial alleging sex abuse claims against the Catholic order behind the Delbarton School in Morristown.

  • August 29, 2025

    Tesla Tries To Undo $329M Autopilot Crash Verdict

    Tesla told a Florida federal judge Friday that a recent $329 million verdict finding its autopilot contributed to a fatal 2019 crash "flies in the face of basic Florida tort law, the due process clause, and common sense," and urged the court to set it aside.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Opinion

    Asbestos Trusts' Records Purge Threatens Claims Process

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    Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • 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.

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