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Personal Injury & Medical Malpractice
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
Ex-Doc Wants Insurer's Defense Against Sex Misconduct Suits
A former Ohio doctor facing civil suits after being indicted for sexual misconduct including rape during medical exams told an Ohio federal court that his insurer can't cancel his coverage and must keep defending him regardless of prior alleged misconduct, because he wasn't required to report it.
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January 30, 2025
Insurer Says It Owes No Coverage For Boys Home Abuse
An insurer told a Washington federal judge Thursday that it should be off the hook for coverage in an underlying case involving sexual abuse claims at home for boys because the alleged harm occurred years before the first policy was issued to the group home operator.
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January 30, 2025
Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits
Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.
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January 30, 2025
Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal
A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.
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January 30, 2025
Consumers Want L'Oréal Acne Products Suits In Hawaii
Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.
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January 30, 2025
Symetra To Pay $2M To End Structured Settlement Suit
Insurance conglomerate Symetra has agreed to pay more than $2.1 million to settle a proposed class action in Washington federal court accusing two Symetra entities of luring roughly 2,000 recipients of personal injury settlements into selling their future stream of payments for a heavily discounted lump sum.
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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
Combs Victimized 3 Women, Feds Charge In Expanded Case
Sean "Diddy" Combs forced at least three women to engage in commercial sex acts, federal prosecutors in Manhattan said Thursday in a superseding indictment accusing the jailed hip-hop icon of using his business empire to sexually abuse and exploit women for 20 years.
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January 30, 2025
Panel Passes On Snowboarder's Version Of Ski Waiver Ruling
A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.
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January 30, 2025
Beasley Firm Must Face Ex-Client's Suit Over Med Mal Claim
A New Jersey appellate panel on Thursday reinstated a legal malpractice lawsuit accusing The Beasley Firm LLC of mishandling a medical malpractice lawsuit, saying the trial court erred in granting summary judgment to the law firm.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Fla. Yacht Owner Seeks Depo At Courthouse After Shooting
A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.
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January 29, 2025
BI Ignored 'Red Flag After Red Flag' On Zantac, Jury Hears
Counsel for two men retrying their cancer case against Boehringer Ingelheim told an Illinois state court jury Wednesday that the drugmaker stuck its head in the sand and ignored warning signs that taking its over-the-counter Zantac could lead to cancer development.
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January 29, 2025
Families Of Slain Urge Justices To Uphold Terror Victim Law
Relatives of U.S. nationals killed in terrorist attacks in Israel told the U.S. Supreme Court this week that the Second Circuit was wrong to invalidate a federal law that broadened jurisdiction for Anti-Terrorism Act cases against the Palestine Liberation Organization.
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January 29, 2025
EPA Can't Invoke Immunity In Flint Water Crisis Suit
The U.S. Environmental Protection Agency is not entitled to a government immunity defense in a lawsuit filed by Flint, Michigan, residents who claim it failed to take proper action during a lead-tainted drinking water crisis, a federal judge has said.
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January 29, 2025
Defamation And Default Alleged In Conn. Mortgage Biz Battle
A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.
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January 29, 2025
Driver Says Okla. Cops Forced Catheter On Him As Minor
An Oklahoma man is suing a police department, sheriff's office and Harmon County, alleging that when he was 17, police forced him to be catheterized for a drug screening against his will after he was a victim of a road rage incident.
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January 29, 2025
NY Archdiocese Wants Abuse Coverage Row Segmented
The Archdiocese of New York urged a New York state court to analyze coverage in phases for over 1,300 sex abuse lawsuits it and its affiliated entities face, arguing that because the "vast majority" of the underlying lawsuits are still being litigated, assessing coverage prematurely could be "highly prejudicial."
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January 29, 2025
Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict
A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.
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January 29, 2025
Jay-Z Says Buzbee Barratry Suits Cite Fake Texas Investigator
Attorneys for Shawn "Jay-Z" Carter told a Houston federal court that personal injury lawyer Tony Buzbee included a fictitious defendant in two lawsuits claiming the rapper tried to recruit former Buzbee clients to file malpractice claims.
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January 29, 2025
Ailing Harvey Weinstein Begs Judge To Move Up NY Retrial
Disgraced Hollywood movie mogul Harvey Weinstein pleaded with a New York state judge on Wednesday to move up the date of his retrial on rape and sexual assault charges, telling the court he is dying of cancer in the city's "medieval" jail, which he called a "hellhole."
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January 29, 2025
Buzbee Client Drops Assault, Malpractice Suit
A woman has moved to drop a lawsuit in New York state court alleging Texas personal injury lawyer Tony Buzbee — known lately for representing women who have accused Sean "Diddy" Combs and Shawn "Jay-Z" Carter of sexual misconduct — assaulted her and mishandled her divorce case.
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January 28, 2025
Erika Girardi Didn't Know About Fraud, Appeals Court Says
A California appellate court Tuesday refused to disturb a lower court's finding that reality television star Erika Girardi wasn't aware that her former husband and his firm might have misappropriated settlement funds owed to co-counsel, agreeing that the "undisputed facts" back the lower court's ruling.
Expert Analysis
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Confronting The Psychological Toll Of Personal Injury Law
Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.