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Personal Injury & Medical Malpractice
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March 03, 2025
NJ Law Firm Must Pay Fees To Rival Firm For 'Frivolous' Suit
Nagel Rice LLP must pay over $40,000 in attorney fees to Blume Forte Fried Zerres & Molinari stemming from a dispute over work related to a fatal school bus crash, a New Jersey judge has ruled.
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February 28, 2025
J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial
A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.
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February 28, 2025
Sterilization Plant Head 'Shocked' By EPA Cancer Risk Report
The former manager of a Colorado medical sterilization plant testified Friday that he was "shocked" by a 2018 Environmental Protection Agency report that identified the area around the facility as having an increased cancer risk, telling a jury that no regulatory agency until that point had informed him a sterilization chemical might be a risk to the community.
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February 28, 2025
Ex-USF Ballplayers In Uphill Battle For Sex Harassment Cert.
A California federal magistrate judge said Friday she is unlikely to certify a class of potentially hundreds of ex-University of San Francisco baseball players in a case alleging that former coaches created a sexually abusive environment, but agreed to hold her decision to review additional information on the claims.
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February 28, 2025
Ga. Can Cap Wrongful Death Damages, US Chamber Says
The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.
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February 28, 2025
Ex-Iranian Intel Official Accused Of Torture In Fla. Suit
A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.
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February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit
The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
Galaxy Gas Hides A Dangerous Buzz, Class Action Says
Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."
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February 28, 2025
Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit
In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.
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February 28, 2025
Litigant Funding Co. Has No Claim To NFL Concussion Deal
A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.
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February 28, 2025
Insurer Says No Coverage For Lil Baby Video Shooting Suit
An insurer said it has no duty to defend or indemnify a security contractor accused of failing to provide adequate services after a shooting broke out during the filming of a music video for rapper Lil Baby, telling a Georgia federal court a number of exclusions bar coverage.
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February 28, 2025
Frontier Communications Must Face Suit Over Woman's Death
Frontier Communications of America Inc. must face a lawsuit by the estate of an elderly Connecticut woman who fell in her basement and could not call 911 because her phone lines were down, a Putnam trial court judge has ruled.
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February 28, 2025
Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.
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February 28, 2025
Michigan Justices Spurn Live Nation Campers' Death Case
Concert promoter Live Nation cemented its escape from allegations that lax oversight of a music festival campground led to three festival attendees dying of carbon monoxide poisoning, as Michigan's highest court rejected the families' appeal Friday.
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February 28, 2025
DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict
Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.
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February 28, 2025
Liberty Says Travelers Must Cover Builder In NYU Injury Suit
Travelers insurers must provide additional insured coverage to a construction company in an underlying personal injury suit by a New York University engineer, a Liberty Mutual unit told a Connecticut federal court, saying a subcontract agreement required the other carriers to cover the company on a primary and noncontributory basis.
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February 28, 2025
11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit
The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.
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February 28, 2025
Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits
The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
Don't Fault Sterilization Co. For What It Didn't Know, Jury Told
A sterilization company's expert told a Colorado state jury Thursday that the company can't be held responsible for not using pollution controls that didn't yet exist, arguing the company has always reasonably controlled emissions of a toxic sterilization chemical based on what was known at the time.
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February 27, 2025
NRA Urges High Court to Consider NY Carry Law Case
The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.
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February 27, 2025
CooperSurgical Says Unique IVF Claims Require Separate Trials
Fertility company CooperSurgical Inc. is pushing back against the suggestion that four lawsuits accusing the company of negligently destroying embryos with its recalled culture media could be consolidated into one trial, saying the couples' varied location and unique IVF situations preclude joining them.
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February 27, 2025
Landlords Can't Duck Injury Claim From Dweller Not On Lease
A Washington state appeals court said Thursday that landlords must face a claim from a pregnant woman who was injured from a fall down a flight of stairs, even though she had not signed the rental lease, in an opinion that said the lower court erred by tossing the case on the eve of trial without giving proper notice.
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February 27, 2025
Lead Testing Co. Director To Admit False Statements
A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.