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Personal Injury & Medical Malpractice
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March 13, 2025
Russell Simmons Accuser Refiles Suit After Jurisdiction Issue
A Jane Doe plaintiff whose New York federal court suit alleging Def Jam Recordings co-founder Russell Simmons raped her in his apartment in the 1990s was dismissed on jurisdictional grounds on Thursday refiled the claims in state court.
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March 13, 2025
Coverage Bars Fla. Worker Who Died In Fall, Insurer Says
A Michigan-based insurance company has asked a Florida federal court to declare that it doesn't owe coverage in a claim stemming from a condominium worker's death after falling five stories, asserting that its policy doesn't cover the death if it occurred during the scope of the employer's business.
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March 13, 2025
Sandy Hook Families Oppose Revived Infowars Sale Bid
Families of the victims of the 2012 Sandy Hook Elementary School shooting have urged a Texas bankruptcy judge to block an Alex Jones-affiliated company's revived bid to buy his Infowars platform, saying it will cause delays in the more than three-year-old related bankruptcy cases.
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March 13, 2025
Rink Can't Escape Skater's Party Injury Claim, Ill. Panel Says
An Illinois skating rink was incorrectly handed a pre-trial win over accusations that its failure to keep a floor supervisor on duty during a backward-skating round caused a man's injury during a birthday party, a state appellate panel said Wednesday.
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March 13, 2025
Colo. Appeals Court Affirms $2.6M Award To Car Crash Victim
A Colorado Court of Appeals panel on Thursday declined to throw out a jury's $2.6 million economic damages award to a car accident victim following arguments that her experts didn't explicitly state her medical expenses were of "reasonable value," finding the jury had enough information to reach their decision.
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March 13, 2025
Chubb Units Say Insurer Must Share $15M Explosion Costs
Another insurer must help cover the nearly $15 million two Chubb units spent settling injury claims against the owner and operator of a gas-processing plant that faced 15 underlying lawsuits stemming from a fatal explosion, the units told a Louisiana federal court.
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March 13, 2025
Pa. Dealership Settles Painter's Garage-Door Death Claim
The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.
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March 13, 2025
Alex Jones' Sandy Hook Atty Suspended Over Info Release
Former Alex Jones attorney Norm Pattis will be suspended from practicing law for two weeks, a Connecticut judge has ruled, capping a three-year ethics saga that started when Pattis asked an associate to send Sandy Hook families' medical records to the Infowars host's Texas bankruptcy lawyer.
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March 12, 2025
Phish Fans' Mellow Vibe Undercuts Injury Claims, Judge Hints
A Washington state appeals court expressed skepticism Wednesday that Phish and Live Nation could have seen foreseen assaults that injured two concertgoers at an outdoor show, with one judge suggesting the jam band's vibes are more in tune with the mellow atmosphere of a Grateful Dead show than a raucous rock concert.
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March 12, 2025
Cancer Cause Or Red Herring? Jury Weighs Plant Bellwether
A medical sterilization company told a Colorado jury Wednesday that four women can't get millions in damages based on the "possibility" that emissions from a sterilization plant caused their cancer, at the close of a six-week trial in which the plaintiffs argued the company should be punished for its negligence.
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March 12, 2025
Starbucks Spill Left Little Permanent Damage, LA Jury Told
Starbucks Corp. sought to limit damages Wednesday after being found fully at fault for the spill of a scalding drink, bringing a psychiatrist and a reconstructive surgeon to court to testify that a delivery driver's injuries have healed well.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
Panel Decries Judge's Watergate Remarks, Axes $2M Verdict
A Florida appeals court on Wednesday vacated a $2 million verdict in a slip-and-fall suit against Walmart, saying the trial court's comments that allegedly missing video evidence was akin to Nixon's actions in the Watergate scandal signaled his preconceived notion that the company improperly destroyed evidence.
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March 12, 2025
Mo. Court Finds Exclusion Bars Mallinckrodt Opioid Coverage
A group of insurers have no coverage obligations under certain policies issued to drugmaker Mallinckrodt as a trust created from the company's first bankruptcy seeks to resolve underlying opioid claims with the help of insurance benefits, a Missouri state court ruled, finding a "your products" exclusion applicable.
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March 12, 2025
Auto Lender, Repo Co. Sued Over Would-Be Jeep Grab
A Georgia couple hit their auto lender and a repossession company with a lawsuit Tuesday alleging that they were ambushed in a parking lot and terrorized by a gun-toting repo man, leaving one of them hospitalized with an anxiety attack.
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March 12, 2025
'Negligent' Delta Flight Crew Caused Crash Landing, Suit Says
Delta Air Lines has been hit with another round of federal lawsuits over the "devastating crash" in Toronto in which its plane flipped upside down and caught fire, with passengers from Texas and Minnesota blaming the incident on the "negligence and recklessness" of the flight crew.
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March 12, 2025
NFL Wants Out Of Fan's Suit Over Stadium Detainment
The National Football League is urging a New Jersey state judge to dismiss it from a lawsuit brought by a fan claiming he was assaulted and wrongly detained during a game at MetLife Stadium, stressing that the league itself played no role in the alleged incident.
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March 12, 2025
DOJ Drops Sex Abuse Suit Against Migrant Youth Shelter
The U.S. Department of Justice and the nation's largest unaccompanied migrant children's shelter moved Wednesday to kill a suit accusing the shelter of turning a blind eye to its employees raping, sexually abusing and harassing children in its care.
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March 12, 2025
Publix Policies Don't Cover Opioid Claims, Court Says
Insurers for Publix have no duty to defend or indemnify the supermarket chain in dozens of public nuisance lawsuits related to the opioid crisis, a Florida federal court said Wednesday, following Publix's renewed request that the court enter a final judgment so it could proceed with appeal.
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March 12, 2025
Mich. Justices Urged To Break Long Silence On Doc Dumping
An attorney for the estate of a crash victim asked Michigan's highest court to reinstate a lawsuit against a truck driver's employer and sanctions for tossing records in a dumpster, saying the case was an opportunity for the court to break its silence on the issue of destroying evidence.
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March 12, 2025
Second Bid For Roundup Mass Tort Launched In New Jersey
A second application for lawsuits against Monsanto Co. and Bayer AG alleging injuries by exposure to the company's weed killer Roundup to be designated as multicounty litigation has been filed with the New Jersey Supreme Court, according to a notice to the bar.
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March 12, 2025
Calif. Funeral Home 'Preys Upon' Latino Families, Suit Says
A Sacramento funeral home was sued in California state court Tuesday for allegedly sending a deceased man's body to El Salvador in a "shocking state of decomposition" as part of a larger pattern of exploiting the Latino community with substandard services.
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March 12, 2025
Weinstein Evidence Takes Shape Ahead Of Retrial In NY
A New York state judge on Wednesday ruled on evidentiary issues ahead of Harvey Weinstein's retrial on rape and sexual assault charges, as his overturned conviction — vacated due to improperly admitted evidence — loomed over the proceedings.
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March 12, 2025
Buzbee, Ex-Client Say Roc Nation Can't Exit Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation "spearheaded" efforts to launch malpractice suits against the Buzbee Law Firm in retaliation for a lawsuit the firm filed accusing the rap star of rape, so it cannot exit a Texas federal suit over that effort by claiming a lack of jurisdiction, the firm said.
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March 12, 2025
Tony Buzbee Accused Of Duping Another Seaman
Texas personal injury attorney Tony Buzbee and his firm have been hit with another lawsuit from a seaman who alleges that the firm misappropriated payments he received after a 2020 ship injury.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.