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Personal Injury & Medical Malpractice
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October 30, 2025
Asbestos Corp. Gets Ch. 15 Nod Over Claimants' Concerns
A New York bankruptcy judge granted Chapter 15 recognition for Asbestos Corp. Ltd.'s Canadian restructuring over the objection of personal injury claimants and a Chapter 7 trustee, finding that the corporation's business activity in Canada outweighs its management of litigation in the U.S.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Pharmacies Say $1.5B Damages Too Much In Fla. Opioid Suit
CVS, Walgreens and Walmart on Wednesday grilled an economics expert witness over his opinion that they owe as much as $1.5 billion to a group of Florida hospitals that treated opioid-harmed patients, with defense counsel suggesting damages shouldn't be based on the full sticker price of the medical care.
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October 29, 2025
Character.AI Will Ban Underage Users From Using Chatbot
Amid multiple lawsuits over the suicides of at least four teenagers, Character.AI announced Wednesday that it is taking "extraordinary steps" to restrict minors' access to its flagship artificial intelligence chatbot.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
3 Pharmaceutical Firms Will Pay $4M To Tribes In Opioid MDL
Indivior, Sun Pharmaceuticals and Zydus Pharmaceuticals have inked deals to compensate tribes for their role in the opioid crisis, according to stipulated dismissals entered on Wednesday in Ohio federal court.
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October 29, 2025
Split Ga. Appeals Court Upends $13.7M Med Mal Fee Award
In a split decision, a Georgia appellate court panel on Wednesday tossed a $13.7 million attorney fee award in a medical malpractice case after finding that a trial court improperly considered postjudgment legal work in approving that amount.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Sens. Introduce Bill To Block AI Chatbots From Minors
A bipartisan group of senators has introduced a bill that would regulate the use of artificial intelligence chatbots and companions by minors, levying fines of up to $100,000 against companies that violate the bill's terms.
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach of contract, a Minnesota federal court ruled.
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October 29, 2025
Fla. Court Reverses $213M Judgment In 'Maya' Case
A Florida appeals court on Wednesday reversed a $213 million judgment for Maya Kowalski, the subject of a Netflix documentary, after finding the trial court erred in too narrowly construing the immunity Florida law grants to those who report suspicions of child abuse.
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October 28, 2025
Social Media Apps Say Section 230 Halts Mental Health Claims
Attorneys for Meta Platforms, YouTube, Snap and TikTok on Tuesday urged a Los Angeles judge to toss claims against them from an upcoming bellwether trial over the platforms' alleged harm to youth mental health, arguing that Section 230 of the Communications Decency Act should prevent many of the claims from reaching a jury.
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October 28, 2025
Judge Mulling Hiscox's Arbitration Bid In Legionnaires' Row
A Michigan federal judge said he needs to see a contract between two insurers before deciding whether to send a dispute stemming from denied reinsurance coverage for a Legionnaires' disease outbreak to arbitration in Bermuda.
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October 28, 2025
NC Justice Blasts Attacks On Counsel In Plane Crash Case
A visibly vexed chief justice of the North Carolina Supreme Court on Tuesday impugned a Philadelphia lawyer for seemingly making unsupported personal attacks against opposing counsel, including allegedly falsely accusing the opposing counsel of being in cahoots with a trade group that filed an amicus brief.
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October 28, 2025
J&J Hit With $20M Verdict In Fla. Talc Trial
A Florida jury on Tuesday awarded $20 million to the widow of a nephrologist who used Johnson & Johnson talcum powder for 50 years and died of mesothelioma, after a plaintiffs lawyer argued the company broke its "promise of purity."
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
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October 28, 2025
Atty In Katt Williams Assault Case Sanctioned For Bogus Cites
An attorney for four women suing comedian Katt Williams must notify a federal district court for the next five years that she was sanctioned for using suspected artificial intelligence-generated fake citations as part of a punishment handed down Tuesday by a Georgia federal judge.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
Ga. Defamation Case Against Atty Hinges On Doctor's Status
The Georgia Court of Appeals asked a trial court Tuesday to determine whether an orthopedic surgeon in the Peach State is a public figure or private person, a question at the center of whether the physician can pursue a defamation suit against a defense attorney.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 28, 2025
CSX Beats Truck Driver's Suit Over Amputated Fingers
The Georgia Court of Appeals backed an early win by a CSX division and a logistics company in a truck driver's lawsuit over a shipping container that slipped and crushed his hand, ruling that even if the companies had negligently loaded the container, the driver "could have avoided the consequences."
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
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.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
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.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
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.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
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.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
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.
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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.