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Personal Injury & Medical Malpractice
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April 03, 2025
Helicopter Manufacturer Can't Nab Win In Mont. Crash Suit
A Montana federal judge on Thursday said that there's a genuine factual dispute about whether aircraft maker Kaman acted with malice or disregard of injury in a suit accusing it of defectively designing a helicopter that crashed and killed a pilot fighting a wildfire.
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April 03, 2025
Carnival Knew Of Assault Risks In Teen's Case, 11th Circ. Told
An attorney representing a Canadian woman who was sexually assaulted aboard a Carnival ship as a teenager in 2019 urged the Eleventh Circuit on Thursday to reinstate her lawsuit against the cruise company, arguing that the incident was foreseeable given dozens of reports received years prior documenting similar events.
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April 03, 2025
Baby Food Suit Must Face Trial Or Calif. Panel, 9th Circ. Told
Plum Organics buyers urged the Ninth Circuit on Thursday to ask the California Supreme Court to clarify Golden State's deception-by-omission law, or reverse Plum's summary judgment win and send to trial the consumers' allegations that the baby-food-maker failed to disclose potential toxins in its baby food products.
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April 03, 2025
Ex-Cop Asks 11th Circ. To Revive Bias Suit Against Fla. City
A former Opa-Locka, Florida, police officer has urged the Eleventh Circuit to revive her gender and age discrimination suit against the city over her termination after she filed a complaint with the U.S. Equal Employment Opportunity Commission.
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April 03, 2025
Justices' Ruling Empowers FDA To Rein In Vapes, Experts Say
A unanimous U.S. Supreme Court decision affirming federal regulators' authority to deny marketing applications for flavored vapes was noted as a victory for federal agency autonomy, but vaping industry interests said it could remove a crucial harm reduction tool.
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April 03, 2025
Baltimore Sues 'Exploitative' Online Sports Betting Giants
The city of Baltimore, in what appears to be a groundbreaking action for a municipality, on Thursday became the latest entity to sue sportsbooks DraftKings and FanDuel for alleged deceptive practices to entice potential bettors.
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April 03, 2025
Fla. Atty Cites Law School Debt In Bid To Skip Conn. Oral Args
A Florida employment attorney embroiled in state and federal proceedings over a judgment requiring him to repay his ex's $30,000 contribution toward his law school loans says he can't afford to travel to Connecticut to argue an appeal because his debts and lack of income while traveling make in-person attendance difficult.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
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April 03, 2025
Baltimore Atty Avoids Prison After $25M Extortion Conviction
A Baltimore attorney has been sentenced to three years of probation with six months of home confinement after being convicted of trying to extort $25 million from the University of Maryland Medical System.
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April 03, 2025
Pa. Transit Agency Beats Appeal In Platform Collapse Case
The Southeastern Pennsylvania Transportation Authority did not have "constructive notice" that a train platform was defective or dangerous before it crumbled beneath a commuter, so it was protected from her lawsuit by sovereign immunity, a state appellate panel ruled Wednesday.
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April 03, 2025
SunSetter To Pay $9M Over Defective Awning Covers
A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.
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April 02, 2025
5th Circ. Presses Jackson, Miss., About Lead Levels In Water
A Fifth Circuit panel pressed the city of Jackson, Mississippi, about its allegedly slipshod handling of lead contamination in city drinking water during oral arguments Wednesday, with one judge saying city officials seemingly "very artfully avoided" questions about poisoned drinking water to skirt culpability.
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April 02, 2025
Justices' Ghost Gun Decision Worrisome Win For Gun Control
The U.S. Supreme Court's recent decision upholding a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits is a clear-cut win for gun control proponents, but experts said it also signals a problematic shift to a supervisory role for the courts.
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April 02, 2025
Fla. Panel Finds Rehab Center Owed Duty To Released Patient
A Florida state appellate court on Wednesday ruled that a Miami substance abuse treatment facility owed a duty of care to an involuntarily committed patient who was discharged for rule violations and later died of an overdose, finding the manner in which he was released went against regulations.
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April 02, 2025
Ill. Parade Shooting Survivors Can Sue Smith & Wesson
Smith & Wesson and gun retailers can't escape a lawsuit brought by families of victims of a mass shooting that killed seven people during a 2022 July Fourth parade in Highland Park, an Illinois state judge has ruled, largely denying their requests to apply immunity found in federal law that would have shielded them from civil liability.
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April 02, 2025
Yom Kippur Claim Can't Ax $4M Med Mal Award, Panel Says
The Pennsylvania Superior Court refused Wednesday to overturn a $4 million trial judgment against an osteopathic physician over a patient's heart attack, saying the doctor waited "until the eleventh hour" to request a Yom Kippur trial continuance that was denied.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
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April 02, 2025
Parents, Distributor Settle Suit Over Baby Lounger Death
The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.
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April 02, 2025
Client Says Colo. Injury Attys Didn't Tell Him About Settlement
A personal injury plaintiff is suing his former attorneys and their Colorado law firm for malpractice after they allegedly failed to notify him of a settlement offer in time, forcing the case to trial where jurors issued a verdict that was less than the settlement offer.
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April 02, 2025
Shooting Victim Can't Get $1M Under Policy, Berkshire Says
A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.
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April 02, 2025
Zoll Gets Parts Of Data Breach Class Action Tossed
A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.
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April 02, 2025
Central Park 5 Took Trump's Words Out Of Context, Court Told
A lawyer for President Donald Trump urged a federal judge Wednesday to dismiss a defamation lawsuit from the "Central Park Five," saying his remarks during a 2024 debate that the five wrongly convicted men had pled guilty to assaulting and raping a woman in 1989 — when in reality they maintained their innocence — were taken out of context.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Topgolf Readies For $15M Trial Over Injured Oregon Child
Topgolf and the parent of a minor who was struck in the face by a golf club at an Oregon location traded barbs Tuesday over allowed evidence as the parties prepare for a trial to determine whether the business's alleged negligence is responsible for the injury.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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High Court 'Violent Crimes' Case Tangled Up In Hypotheticals
In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.