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Personal Injury & Medical Malpractice
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April 08, 2025
Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says
An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.
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April 07, 2025
Judge Who Shot Wife Warned Against Retrial 'Press Tour'
The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case.
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April 07, 2025
Birth Control Companies Escape Conn. Long-Arm Injury Suits
Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.
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April 07, 2025
NaphCare Hit With $25M Jury Verdict After Ex-Inmate Lost Leg
A Seattle federal jury has determined NaphCare owes $25 million to a man who claimed his leg had to be partially amputated because the correctional healthcare provider failed to address signs of his declining health after he suffered blood clots while behind bars at a Washington county jail.
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April 07, 2025
WHO Cancer Report May Spark Gasoline Toxic Torts
A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.
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April 07, 2025
Insurer Settles Ga. Motel Shooting Coverage Suit
StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.
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April 07, 2025
Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit
Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.
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April 07, 2025
Judge Ends Mercedes Wheel Suit, 'Wondering' What Defect Is
Mercedes-Benz USA LLC defeated a putative class action Monday claiming the company used defective wheels that caused customer tire blowouts, as a Georgia federal judge said the "shapelessness" of the suit left him "wondering what defect is even being alleged."
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
Twins' Doctor Ducks Penalty In Baseball Player's Death Suit
A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict
An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
WilmerHale Welcomes Back Ex-Mass. Criminal Chief
WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.
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April 07, 2025
Fla. Prosecutor Accused Of Hiding Exculpatory Evidence
Defense attorneys representing three men, including former high-profile luxury real estate brokers, want a Florida court to sanction the prosecutor on the case for allegedly failing to produce evidence that would clear them of the sexual assault charges they are facing.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
U. Of Oregon Must Face Bias Action From Female Athletes
A suit accusing the University of Oregon of "glaring" inequalities in facilities, finances and resources between male and female athletes and teams will go forward, an Oregon federal judge ruled in denying the school's bid to dismiss the suit.
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April 07, 2025
Wigdor Seeks Exit In Leon Black Case Amid Sanctions Threat
Wigdor LLP sought to withdraw from a sexual assault case against ex-Apollo Global Management CEO Leon Black in New York federal court as the billionaire investor seeks sanctions against the firm and its Jane Doe client.
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April 07, 2025
Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid
The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 07, 2025
Boeing Again Settles Ethiopian 737 Max Cases On Eve Of Trial
Boeing has agreed to settle two wrongful death cases over the Ethiopian Airlines 737 Max crash just before a damages trial was scheduled to start in Chicago federal court on Monday.
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April 04, 2025
Colo. Justices To Hear Title IX Privilege, Claims Clock Cases
The Colorado Supreme Court next week will hear arguments about whether statements made in Title IX investigations should be privileged from civil liability, how government bodies can properly "cure" transparency violations and when the claims clock should start running after the death of a minor.
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April 04, 2025
Insurer's Policy Won't Cover General Contractor In Injury Suit
An Illinois federal judge has permanently tossed a construction company's bid for insurance coverage on an underlying injury suit under one of its subcontractor's policies, saying the injury suit doesn't include the kind of claim that would have triggered coverage.
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April 04, 2025
Bayer Wants Supreme Court To Review Roundup Litigation
Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.