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Personal Injury & Medical Malpractice

  • August 25, 2025

    NC Justices Say It's Golfer's Own Fault He Was Hit By Ball

    The North Carolina Supreme Court won't let a golfer revive his suit alleging that another golfer and the city that owned a driving range are liable for injuries he sustained when he was hit in the eye with a ball, saying his claims are blocked because of his own negligence and failure to see to his own safety.

  • August 25, 2025

    Supervised Release Violators Can Be Jailed, 2nd Circ. Says

    The Second Circuit on Monday ruled that federal judges have the authority to detain criminal defendants who are awaiting a hearing to determine whether they violated the terms of their supervised release.

  • August 25, 2025

    Co. Not Covered For $7.5M Crash Judgment, Insurer Says

    A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.

  • August 25, 2025

    Franchisee Owes $3M For Trafficking Deal, Court Told

    Counsel for the Wyndham hotel chain told a Philadelphia judge Monday that one of its franchisees should indemnify it to the tune of $3 million stemming from a settlement and attorney fees in a sex trafficking lawsuit involving a subsidiary's hotel in the city.

  • August 25, 2025

    Albany Diocese Creditors, Insurers Spar On Claim Challenges

    Tort claimants have urged a New York bankruptcy judge not to hear insurers' objections to claims in the Chapter 11 of the Roman Catholic Diocese of Albany, challenging the companies' position they have a financial stake in the court's decision on whether to allow the claims. 

  • August 25, 2025

    Ex-Wife Testifies On Custody Dispute Before Fla. Prof's Death

    The ex-wife of a slain Florida State University law professor testified Monday about the dispute for custody of her children, recalling details that she said were in emails from her mother, who is on trial for orchestrating a plot to have the ex-husband killed by hired assassins.

  • August 25, 2025

    Atlanta-Area Hotels Failed To Stop Sex Trafficking, Suit Says

    A group of Atlanta-area hotel owners and operators, including Ritz-Carlton Buckhead, were sued in Georgia federal court by a woman who alleged that they did nothing to prevent her from being trafficked for sex as a minor even at their properties though the signs were blatant.

  • August 25, 2025

    NJ School Can't Shield Clergy Abuse Info Ahead Of 1st Trial

    A Garden State judge presiding over consolidated clergy abuse litigation has ruled that the Order of St. Benedict of New Jersey cannot assert attorney-client privilege over most materials, including third-party compliance reports, the organization sought to shield ahead of what the plaintiffs' attorneys believe will be the state's first civil trial against the Catholic Church over sex abuse.

  • August 25, 2025

    Atty Can't Retool Law School Loan Battle With Ex, Court Told

    A Florida lawyer fighting Wells Fargo, his former girlfriend, her attorney and others over a $30,000 bill for law school loans paid by his ex has failed to establish a good cause why he should be permitted to amend his complaint for the fourth time, according to a Monday filing in federal court.

  • August 25, 2025

    11th Circ. Won't Rehear Lodge Shooting Coverage Dispute

    The Eleventh Circuit refused Monday to review its April finding that a jury should decide whether an insurer acted in bad faith by not settling an estate's claim over a fatal shooting that occurred at a Florida lodge.

  • August 25, 2025

    NJ Court Upholds Most Claims In Judicial Privacy Suits

    Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.

  • August 25, 2025

    Glock Can't Escape Minnesota's Gun Modification Suit

    A Minnesota state judge won't let Glock Inc. or its Austrian parent company out of a suit by the state alleging it knowingly designs and sells handguns that can be easily converted into machine guns.

  • August 22, 2025

    Fla. Cop's $58M Malicious Prosecution Award Stays Put

    A Michigan federal judge Friday refused to disturb a $58 million verdict favoring a police officer who claimed his ex-wife falsely accused him of sexually abusing his daughter, saying a Michigan state trooper and a former assistant state attorney general couldn't escape findings that they pursued a bogus case.

  • August 22, 2025

    9th Circ. Blocks Meta's MDL Discovery Against State Agencies

    The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.

  • August 22, 2025

    Ohio Panel Says Med Mal Damages Cap Is Unconstitutional

    An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.

  • August 22, 2025

    2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions

    The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.

  • August 22, 2025

    Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules

    Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.

  • August 22, 2025

    Neb. Judge Frees Student's Accuser From Univ. Sex Bias Suit

    A woman accused of defaming a fellow student with claims of sexual assault has been dropped from his discrimination lawsuit against University of Nebraska-Lincoln officials, after a federal judge ruled that her statements made during an investigation were protected by absolute privilege.

  • August 22, 2025

    Speedy Trial Violation Undoes Sex Assault Conviction In Colo.

    The Colorado Court of Appeals on Thursday reversed the conviction and 34-year-to-life sentence of a man found guilty of sexual assault on a child, pointing to a district court error in holding the trial one month outside of the speedy trial window and remanding the case for dismissal of all charges.

  • August 22, 2025

    Panda Express Meal Caused Arterial Damage, Patron Says

    A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.

  • August 22, 2025

    Ex-Mother-In-Law Painted As Mastermind In FSU Prof's Death

    A Florida prosecutor on Friday described the former mother-in-law of a Florida State University law professor killed by hired assassins in 2014 as the mastermind behind his murder, telling jurors that she was motivated by the desire to have her grandchildren closer to Miami after her daughter's divorce. 

  • August 22, 2025

    Trump Admin Pauses Visas For Commercial Truck Drivers

    Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.

  • August 22, 2025

    Jay-Z Aims To Keep Buzbee Suit Alive After Losing Other Case

    Texas attorney Tony Buzbee's request to shut down a federal lawsuit in Alabama based on a state trial court's dismissal of a different action in California related to sexual abuse allegations connected to Sean "Diddy" Combs is a "desperate attempt to evade accountability," rapper Shawn "Jay-Z" Carter has argued.

  • August 22, 2025

    Ex-Morgan & Morgan Client Says Arbitration Ruling Was Error

    A former Morgan & Morgan client is pushing back on an order sending his proposed class action malpractice claims into arbitration and denying a motion to remand the suit to state court, arguing that a Savannah, Georgia, federal judge erred in her ruling by misapplying the law and failing to take all facts into account.

  • August 22, 2025

    Mass. Hospital, Contractor Sued Over Legionnaires' Death

    The alleged failure by a Massachusetts hospital and its contractor to properly maintain a water system led to the death of an elderly patient in February, according to a suit in state court.

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    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.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    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.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    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.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    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.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    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.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    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.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    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.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    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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