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Personal Injury & Medical Malpractice
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March 14, 2025
Williams Kastner Accused Of Malpractice After $128M Payout
An insurer wouldn't have been forced to pay 64 times its policy limit after a deadly crane collapse in Seattle were it not for its attorneys at Williams Kastner, the carrier told a Washington state court, accusing its counsel of malpractice that caused it to pay $128 million.
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March 14, 2025
PE Fund Accuses Ex-CEO Of Stealing To Pay Divorce Atty
A former private equity CEO has been sued by a Denver-based fund in Colorado state court for allegedly using its money to pay his divorce lawyer and for other personal expenses, following a settlement earlier this year with federal securities regulators over claims he improperly charged two other funds.
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March 14, 2025
Ga. Panel Says COVID-Era Legal Shield Blocks Amputee's Suit
A divided Georgia Court of Appeals on Friday said a trial court should have dismissed a wrongful amputation suit against a Marietta hospital, holding that the patient who lost his right leg after being admitted for COVID-19 symptoms could not beat the legal immunity granted to the hospital by a pandemic-era state law.
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March 14, 2025
Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court
Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.
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March 14, 2025
Justices Told 11th Circ.'s FTCA Ruling Is 'Upside-Down'
An Eleventh Circuit decision that scuttled a Georgia family's lawsuit after they were subjected to a botched no-knock raid by the FBI turned "upside-down" the intent of the Constitution's supremacy clause and "would nullify" the Federal Tort Claims Act, advocacy group Public Citizen told the U.S. Supreme Court Friday.
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March 14, 2025
LG Unit Must Face Ga. Jury Over Exploding Battery Claims
LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.
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March 14, 2025
US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal
The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.
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March 14, 2025
NC Ex-Doctor Gets 2.5 Years For Drug Test Billing Scheme
A 72-year-old doctor in North Carolina was sentenced Friday to two and a half years in prison and ordered to hand over $2 million in restitution for a fraudulent billing scheme involving medically unnecessary drug tests, prosecutors said.
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March 14, 2025
Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit
Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.
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March 14, 2025
Antigua Clinic Accused Of Lying About 'Miracle' Cancer Cure
A company called ExThera Medical Corp. has been sued in California federal court over a cure, backed by a billionaire investor, marketed for metastatic cancer but was actually a "dangerous medical experiment."
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March 14, 2025
Judge Vacates Baby Formula Trial Win For Abbott, Mead
A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."
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March 14, 2025
Teacher's Widower Wins $10.5M After Fatal Commute
A Cook County jury has awarded $10.5 million to the widower of a Chicago suburban kindergarten teacher who died after a dump truck with unsecured contents and an inexperienced driver struck another vehicle while she was biking to work.
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March 14, 2025
Fla. Attys Go From Shooting Hoops To Suing Nursing Homes
Geoff Moore and Spencer Payne took their friendship from the basketball court to launching a new Orlando law firm focused on taking nursing home catastrophic injury and medical malpractice cases to trial. The duo recently talked to Law360 Pulse about their firm and how they hope to help clients.
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March 14, 2025
Colo. Jury Rejects Claims Sterilization Co. Caused Cancer
A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.
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March 14, 2025
Combs Jury To Be Closely Vetted For May Trial
A Manhattan federal judge said Friday that he plans to open Sean "Diddy" Combs' criminal trial on sex-trafficking charges on May 12 after a lengthy jury-vetting process, laying out his plan after the jailed hip-hop icon denied charges in a superseding indictment.
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March 14, 2025
Starbucks Ordered To Pay $50M In Burn Injury Case
A California state jury in Los Angeles awarded $50 million Friday to a delivery driver burned by hot water at a Starbucks drive-through window, roughly splitting the difference between the parties' suggested damages.
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March 14, 2025
Mass. Justices Say Transit Agency Not Immune In Assault Suit
Massachusetts' highest court said Friday that the public transit agency in Greater Boston is not immune from claims that it negligently hired and retained a bus driver with an alleged known history of anger management issues who later beat up a customer and left him with a traumatic brain injury.
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March 13, 2025
9th Circ. Won't Block Consolidation Of Uber Assault Cases
The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.
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March 13, 2025
Starbucks Burn Victim Deserves Up To $125M, Jury Told
Lawyers for a man burned by hot water at Starbucks made their final appeal Thursday in California state court for an award of up to $125 million for "injury and damage to every facet of his life," as the corporation insisted it wasn't clear all the injury stemmed from the spill.
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March 13, 2025
Soulja Boy Beat And Raped Assistant, Jury Told As Trial Starts
The artist known as Soulja Boy physically and sexually abused a live-in personal assistant for nearly two years, jurors in California state court heard on the first day of a civil assault and employment trial against the "Crank That" rapper on Thursday.
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March 13, 2025
Merck Asks Justices To Block Fosamax Failure-To-Warn Suits
Merck has asked the U.S. Supreme Court to review a Third Circuit ruling that allowed more than 1,000 state-law failure-to-warn claims over its osteoporosis drug Fosamax, arguing that the U.S. Food and Drug Administration's formal rejection of a such a proposed warning label should block such lawsuits under federal law.
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March 13, 2025
Fla. Attys Disbarred, Suspended For Forgery Accusations
The Florida Supreme Court on Thursday disbarred a West Palm Beach attorney for making threatening social media posts during litigation, repeatedly failing to file a viable complaint in a toxic tort case, and falsely accusing opposing counsel of forgery, an infraction that also earned his co-counsel a suspension.
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March 13, 2025
Ex-Nebraska Student Says Univ. Sex Bias Led To Expulsion
A former University of Nebraska-Lincoln student sued the school and its officials Wednesday in Nebraska federal court, saying they relied on sex-based stereotypes and biases to expel him from the college after he was accused of sexual assault.
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March 13, 2025
Ga. Court Nixes Reinstatement Of Officer Who Beat Jail Inmate
The Georgia Court of Appeals has reversed a trial court decision that reinstated to his job a former Athens-Clarke County police officer who was found to have beaten a person incarcerated in county jail, ruling there was enough evidence to justify the officer's firing for the assault.
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March 13, 2025
Karen Read Loses Double Jeopardy Bid In Federal Court
Karen Read, the Massachusetts woman who stands accused of killing her boyfriend with her SUV, will not be able to avoid a retrial in state court after a federal judge on Thursday denied her bid to escape two charges that jurors supposedly rejected during deliberations.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.