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Personal Injury & Medical Malpractice
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April 16, 2025
Philly Housing Agency Seeks Out Of Suit Over Fatal Fire
The Philadelphia Housing Authority on Wednesday urged a Pennsylvania federal court to free it from a lawsuit accusing it of responsibility for a fatal 2022 public housing fire that killed 12 residents, saying administrators of the decedents' estates failed to show that the agency directly caused the fire.
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April 16, 2025
Judge Pauses Md. Depositions In Bridge Collapse Suit
A federal judge has paused an order forcing witnesses associated with Grace Ocean and Synergy Marine, which owned the cargo ship that struck Francis Scott Key Bridge, to be deposed in Maryland, finding it unclear whether they're employees who can't be forced to come to the United States and must be subpoenaed.
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April 16, 2025
Ex-Ga. Sheriff Sued Over 'Deplorable' Jail Conditions
Former Clayton County, Georgia, Sheriff Victor Hill, who was convicted in 2022 of violating his detainees' civil rights by leaving them strapped to a chair for hours at a time, was sued by a detainee who says she faced "deplorable" conditions in the Clayton County Jail.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
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April 16, 2025
Conn. Town Wants Murder Exoneree's $5.7M Jury Win Tossed
A Connecticut town has asked a federal judge to either toss or zero out an exonerated murder defendant's $5.7 million jury trial win, saying one of its police officers did not, as a matter of law, assist a state police officer in fabricating a jailhouse informant's testimony.
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April 16, 2025
Orlando Health Hit With $45M Verdict Over Heart Attack Death
Orlando Health Inc. was hit with a $45 million verdict after a Florida jury found the healthcare company acted with reckless disregard when treating a heart attack patient who died while waiting for a transfer to another Orlando Health facility by helicopter despite a competing hospital being available a few miles away.
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April 16, 2025
Helicopter Co. Can't Block Testimony In Crash Suit, Family Says
The family of a helicopter pilot who died fighting a wildfire has told a Montana federal judge that the manufacturer shouldn't be allowed to exclude their experts' testimony, since the company already had a chance to ask them about their theories.
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April 16, 2025
5th Circ. Says Late Settlement Notice Means No Coverage
A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.
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April 16, 2025
Chiropractor Sues Law Firm For Filing Delay After $3M Verdict
A Florida chiropractor is suing his former law firm for malpractice after he says it failed to timely file an action against his liability insurer following a $3.7 million judgment against him.
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April 16, 2025
Gymnast's Estate Blames Connecticut For Fatal Injury
The state of Connecticut is responsible for the wrongful death of a 20-year-old Southern Connecticut State University gymnast who was fatally injured during a 2019 training exercise, her estate said in a newly retooled lawsuit over the incident.
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April 16, 2025
Cops, Sheriffs, Town Want Forced Catheter Suit Tossed
Current and former officials in Hollis and Harmon County, Oklahoma, are urging a federal court to throw out a suit from a man who alleges he was forcibly catheterized without his consent following a traffic incident in violation of his civil rights.
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April 15, 2025
Fla. Jury Awards $17M To Mother, Daughter Burned In Fire
A Florida state court jury awarded a mother and daughter $17 million in damages for injuries they sustained in a 2022 apartment complex fire after a jury found the property manager and owner responsible for failing to locate an aerosol can that was left underneath an oven following renovations.
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April 15, 2025
DC Asks Judge To Narrow Nursing Home Ruling
The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.
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April 15, 2025
Novo Nordisk Seeks Toss Of Hospital's Insulin Pen Suit
Novo Nordisk has told a Connecticut federal judge that a hospital in the state didn't show that the pharmaceutical company didn't warn nurses that its insulin pens are meant to be used with only one patient in a suit over a $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections.
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April 15, 2025
J&J, Others Say Asbestos Trusts Can't Purge Records
A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.
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April 15, 2025
Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered
A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.
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April 15, 2025
Mich. Healthcare Providers Urge Court To Keep Damage Caps
Two of Michigan's largest healthcare providers told the state Supreme Court to uphold caps on medical malpractice damages, warning the justices of runaway verdicts and skyrocketing healthcare costs if the caps are lifted.
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April 15, 2025
Ga. Woman Says Baby 'Ripped Away' After Embryo Mix-Up
A South Carolina fertility clinic has been hit with a lawsuit from a former patient alleging that its doctors placed the wrong embryo inside her — a fact she discovered only when she, a white woman, gave birth to a Black boy — only to have the baby "ripped away from her" by his biological parents after months of raising him as her own.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide
A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.
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April 14, 2025
Earthquake Briefly Interrupts Judge's Retrial In Wife's Killing
The retrial for an Orange County judge who is accused of drunkenly shooting his wife to death in their home after an argument took a dramatic turn Monday morning when a 5.2-magnitude earthquake struck Southern California, shaking the courtroom and abruptly interrupting opening statements from the judge's attorney.
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April 14, 2025
9th Circ. Says $24M Punitive Damages In Jail Death Too Steep
A jury correctly determined that a healthcare contractor was liable for the death of a woman in custody in a Washington jail, a split Ninth Circuit panel ruled Monday, but its $24 million award for punitive damages was excessive.
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April 14, 2025
Chubb Units Owe $9M For Sex Abuse Settlement, Court Told
A former student of a Brooklyn private school said two Chubb units are on the hook for a $9 million settlement he entered into with the school to resolve sexual abuse claims, telling a New York federal court that the insurers unreasonably delayed and refused to settle his claims.
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April 14, 2025
Judge Says Barretts Needs Independence To Resolve Ch. 11
A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.
Expert Analysis
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.