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Personal Injury & Medical Malpractice
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February 20, 2025
Nicolas Cage Sued Over Son's Alleged Assault Of Mother
Nicolas Cage has been accused of wrongly enabling his adult son's alleged assault of the latter's mother by not properly addressing his longstanding mental health issues, according to a lawsuit filed against the actor and his son in California state court.
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February 20, 2025
Ye Sanctioned Again, Ordered To Sit For Another Deposition
A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.
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February 20, 2025
Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row
A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
NY AG Sues 13 Vape Cos. Over Flavored Products
The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.
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February 20, 2025
Conn. Atty Seeks New Injunction Against Ex-Law Partner
Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.
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February 20, 2025
Split 4th Circ. Denies Asylum To Salvadoran Couple
The Fourth Circuit denied a Salvadoran couple's petition to overturn an immigration judge's order rejecting their asylum claim, saying they had not shown that the government of El Salvador was unwilling or unable to protect them from the MS-13 street gang.
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February 20, 2025
Ex-Spanish Soccer Chief Guilty, Fined For Sexual Assault
A Spanish judge on Thursday found former Spanish football president Luis Rubiales guilty of sexually assaulting national team midfielder Jenni Hermoso, coloring the forcible kiss he gave to Hermoso after the team's 2023 World Cup victory a "reprehensible act."
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Savannah Officials Rip 'Prejudice' From Attys' Press Briefing
Savannah, Georgia, officials have doubled down on their bid to sanction Claiborne Firm PC attorneys for allegedly mischaracterizing facts during a press conference related to the fatal police shooting of a Black man in 2022.
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February 19, 2025
Blake Lively Says Other Actresses Will Testify Against Baldoni
Blake Lively has bulked up her sexual harassment and retaliation lawsuit over the movie "It End With Us," saying two other female cast members were also uncomfortable with Justin Baldoni's behavior on set and are prepared to testify in the messy legal fight.
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February 19, 2025
Ga. Woman Implanted With Wrong Embryo Sues Fertility Clinic
A Georgia woman who learned that she gave birth to an unknown couple's baby when she saw that the newborn was Black is suing the fertility clinic she claims negligently and recklessly implanted the strangers' embryo, according to a suit filed in state court.
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February 19, 2025
Fla. Court Tosses Suit Against Hospital Over Patient's Death
A Florida appeals court ruled Wednesday that a trial court should have dismissed a suit seeking to hold a hospital liable for the death of a mental health patient, finding that the claims are not simple negligence but medical negligence, which require pre-suit requirements that were not met.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
Red Roof Inn Wants To Add Security Cos. To Trafficking Suits
Red Roof Inns Inc. wants a trio of security contractors to share any blame for alleged human trafficking at the hotels named in multiple lawsuits, reasoning Wednesday that where the plaintiffs said the hotels' lax security overlooked their abuse, the security contractors needed to be brought into the suits.
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February 19, 2025
Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit
Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.
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February 19, 2025
Backup Infowars Bidder Wants Judge To Restart Auction
The backup bidder for Alex Jones' Infowars program has asked a Texas bankruptcy judge to restart an auction for the assets after a previous sale to the parent company of satirical newspaper The Onion was rejected in December.
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February 19, 2025
Airlines Can Ask 9th Circ. To Consider Airport Pollution Suit
A Washington judge has cleared Delta Air Lines and Alaska Airlines to ask the Ninth Circuit to weigh in on whether federal regulations governing air travel or jet emissions prevent property owners and residents from suing over alleged flight-path pollution near Seattle's main commercial airport.
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February 19, 2025
No Coverage For Seller In NY Ghost Gun Suits, Insurer Says
The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.
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February 19, 2025
Cruise Co. Slams Judge's 'Unprecedented' Rec In Crash Suit
Holland America has cautioned a Washington federal court against adopting a magistrate judge's recent finding that the cruise line could be on the hook in a suit over a deadly 2021 seaplane crash, warning the ruling would "turn vessels into fulltime insurers of their passengers and defy established maritime precedent."
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February 19, 2025
Chilean Nationals Charged With Burgling Pro Athletes' Homes
Federal prosecutors in Florida have unveiled charges against seven Chilean men for operating a burglary ring that targeted the homes of several high-profile athletes and stole more than $2 million worth of valuable goods.
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February 19, 2025
Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors
A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.
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February 19, 2025
Jay-Z's Roc Nation Aims To Exit Buzbee Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it escape two lawsuits against it and Quinn Emanuel Urquhart & Sullivan LLP alleging that they recruited former clients to bring malpractice claims against the Buzbee Law Firm in retaliation for accusing the rap star of rape.
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February 19, 2025
Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says
A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.
Expert Analysis
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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How Labeling And Testing May Help Reduce PFAS Litigation
As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.