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Personal Injury & Medical Malpractice
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March 05, 2025
Ex-USF Ballplayers Denied Class Cert. In Sex Harassment Suit
A group of former University of San Francisco baseball players on Wednesday lost a bid to have their lawsuit alleging that ex-coaches for the Jesuit university created a sexually abusive environment go forward as a class action.
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March 05, 2025
Combs Says Assault Claims Expired More Than 10 Years Ago
Sean "Diddy" Combs and his Bad Boy companies on Tuesday moved to dismiss a woman's lawsuit accusing the rapper and producer of raping and threatening to kill her, saying her chance to lodge her single claim under New York City's gender-motivated violence protection law expired more than a decade ago.
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March 05, 2025
Ga. Clinic Bilked Federal Healthcare Programs, FCA Suit Says
A Georgia federal judge has unsealed a whistleblower lawsuit against a respiratory clinic accusing it of using unlicensed medical personnel, bilking Medicare and Medicaid by submitting thousands of fraudulent claims, and pushing its patients into unnecessary treatment to milk them for cash.
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March 05, 2025
Construction Co. Not Covered For $11M Verdict, Insurer Says
A construction company isn't entitled to coverage for an $11 million jury verdict against it in an underlying personal injury suit because the builder's policy excludes coverage for residential construction activities, an insurer told a Texas federal court.
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March 05, 2025
Houston Atty Says Rivals Solicited And Duped His Clients
A solo practitioner in Houston has accused rival attorneys of legal malpractice and tortious interference for allegedly pretending to be associated with his law firm in order to trick his clients into entering misleading contracts and then launching fraudulent suits on their behalf, according to a $1 million suit filed in Harris County District Court.
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March 05, 2025
Jay-Z, Buzbee Dispute Threats, Confession In Rape Case
The monthslong legal feud between Shawn "Jay-Z" Carter and prominent plaintiffs attorney Tony Buzbee has reached a new pitch, as Carter claims to have evidence proving he did not rape a 13-year-old alongside disgraced rapper Sean "Diddy" Combs, while Buzbee claims Carter is trying to menace the victim into silence.
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March 05, 2025
Willkie Farr Partner Gets $23K Fee In Suit Over Media Tip
A Willkie Farr & Gallagher LLP partner has won the bulk of a $27,420 bid to recoup personal attorney fees after prevailing in a First Amendment feud with his former landlord's lawyer over a media leak, with a judge clipping just $3,550 for lack of a novel legal issue.
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March 05, 2025
Boy Band, Music Exec Hit With $3.4M Verdict In Fla. Trial
A Florida state court jury has awarded an entertainment company $3.4 million in a lawsuit that accused a former California boy band manager of tortuously interfering with the contracts of individual band members, and also accused the members of defamation for remarks that they were abused and held hostage in their own homes.
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March 05, 2025
Airplane Parts Makers Say Fatal Crash Order Invites 'Chaos'
A pair of airplane parts makers have urged the North Carolina Supreme Court to reverse the dismissal of their appeal in a fatal crash case, arguing that the lower appellate court "usurped" the justices' authority by tossing the appeal despite an active stay order from the high court.
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March 05, 2025
Four Firms Seek Top Roles In Pa. Warehouse Fire Litigation
Lawyers from four plaintiffs firms across the country have asked a Philadelphia judge to name them class counsel in recently filed litigation over the effects of an aircraft parts warehouse fire and also requested that the court consolidate all related lawsuits in the city.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Combs Prosecutors Deny 'Outrageous' Race Bias Claim
Prosecutors told a Manhattan federal judge that hip-hop mogul Sean "Diddy" Combs' claims that no white defendant has ever faced a similar case in an effort to dismiss one of the criminal counts against him were "outrageous" and "illogical," and conveniently ignored the allegations of a yearslong pattern of violence and sexual coercion.
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March 05, 2025
Pa. Justices Hint Parents' Liability Waivers Aren't Binding
Pennsylvania law may not allow parents to waive the right to a jury trial on their child's behalf when signing off on things like letting them use a trampoline park, the state Supreme Court suggested during arguments Wednesday.
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March 05, 2025
Karen Read Jury Poll Proposal Faces Skeptical Federal Judge
A Massachusetts federal judge on Wednesday appeared hesitant to interview jurors from Karen Read's first murder trial in her bid to avoid a retrial, saying during a hearing it's not clear he has the ability to intervene in the state-court proceeding.
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March 05, 2025
Pot Co. Hit With Class Action Over Unwanted Mass Texts
A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.
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March 04, 2025
Vail To Blame For Woman's Ski Resort Fall, Seattle Jury Told
A mother who fell 20 feet at a Washington ski resort told a Seattle federal jury Tuesday that the Vail Corp. caused her injuries by failing to address a clear hazard on the mountain and relying on untrained alpine club parents to run chairlifts amid a 2022 staffing shortage.
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March 04, 2025
Justices Asked To Uphold Ruling Against Anti-Terror Law
The Palestine Liberation Organization is urging the U.S. Supreme Court to affirm a ruling striking down a 2019 law nixing a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, arguing that the law "attempts an end-run around settled constitutional analysis."
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
US Air Force Base's Faulty Wall Crushed Ga. Teen, Suit Says
The parents of a Georgia teen who was killed in a wall collapse at Robins Air Force Base filed a lawsuit Tuesday alleging that the U.S. Air Force faultily constructed and failed to maintain the concrete structure that toppled over and crushed their child last summer.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
4th Circ. Finds No Harm In Facebook Ads For Young Renters
The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
Rochester Diocese Ch. 11 Plan Heading For Creditor Vote
A New York bankruptcy judge on Tuesday approved a second vote on a Chapter 11 plan for the Roman Catholic Diocese of Rochester, a decision that could see a resolution of the more than 5-year-old case by the end of July.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.