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Personal Injury & Medical Malpractice
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
'Unprofessional' Pro Se Atty Can't Get 2nd Extortion Trial
A medical malpractice attorney was denied a new trial by a Maryland federal judge who said prosecutors presented sufficient evidence that he tried to extort $25 million from the University of Maryland Medical System, and called out the lawyer for "inappropriate, unprofessional, and unbecoming" behavior while representing himself at trial.
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March 31, 2025
Town Must Pay $7.7M To Murder Exoneree With Added Interest
A Connecticut murder exoneree is entitled to nearly $2 million in interest payments on top of a $5.7 million jury verdict against the estate of a deceased town of New Milford police officer, a federal judge has ruled.
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Cuomo Defeats Suit Over NY Nursing Home COVID-19 Deaths
A New York federal judge threw out on Monday a proposed class action blaming former Gov. Andrew Cuomo and other Empire State officials for COVID-19 deaths in nursing homes, saying the claims are legally deficient and "the court's sympathy for plaintiffs and their loved ones simply cannot supplant governing law."
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March 31, 2025
Morgan & Morgan Taps Fla. Atty To Lead Malpractice Dept.
Injury law giant Morgan & Morgan PA has found a new leader for its national medical malpractice department in the founding partner of a small Florida firm, Paul Knopf Bigger.
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March 31, 2025
Del. Court Says Mattel Sleeper Claims Are One Occurrence
Injury claims against toy-makers Mattel and subsidiary Fisher Price over their Rock n' Play Sleeper products constitute a single occurrence under Mattel's various commercial general liability policies, a Delaware state court ruled, though further finding that individual alleged injuries must still fall under different policy years.
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March 31, 2025
Feds Seek 10 Years For Ex-Girardi CFO's 'Brazen' Crimes
Los Angeles federal prosecutors said Girardi Keese's former head of accounting should spend 10 years in prison after pleading guilty to assisting Tom Girardi in siphoning clients' settlement funds and what the government called a "brazen" side fraud to steal from the firm's operating accounts.
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March 31, 2025
Progressive Says Motorcycles Aren't 'Autos' For Crash Claims
Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.
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March 31, 2025
Boston Bomber Judge Won't Recuse From Juror Bias Inquiry
A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels
Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.
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March 28, 2025
Purdue Lawsuit Injunction Extended Ahead Of Plan Hearings
Bankrupt drugmaker Purdue Pharma LP received a further extension of a bar on litigation against the company and its owners in the Sackler family as the debtor pursues a late May approval of a disclosure statement describing a Chapter 11 plan premised on a $7.4 billion settlement of opioid claims.
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March 28, 2025
Water Park Injury Award Coverage Capped At $1M, Court Told
An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.
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March 28, 2025
AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits
An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.
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March 28, 2025
Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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March 30, 2025
Safari Co. Seeks Arbitration In Hippo Attack Death Suit
A Connecticut-based tour operator says a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during an African safari belongs in arbitration, promising to contest claims by the woman's husband and estate.
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March 28, 2025
Haiti Ex-Mayor Convicted Of Visa Fraud Over Violence
A Boston federal jury on Friday convicted a former Haitian mayor of lying on a visa form about his involvement with an extrajudicial killing and attempted murders before fleeing the island country and seeking permanent residence in the United States.
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March 28, 2025
Stay Of Sex Assault Suits Sought After Foreman's Death
The death of George Foreman has prompted two women suing the late boxer in California federal court for sexual assault to request a 90-day pause in their lawsuits until a legal representative can be appointed.
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March 28, 2025
Ex-Paralegal Sues Ga. Personal Injury Firm Over 658 OT Hours
An Atlanta-based personal injury law firm didn't pay a former paralegal for 658 hours of overtime, and it erroneously considered her a salaried-exempt employee, according to a lawsuit filed in Georgia federal court.
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March 28, 2025
1st Circ. Clears Way For Karen Read Retrial
The First Circuit won't stand in the way of a retrial set to start Tuesday for Karen Read, the Massachusetts woman who is charged with hitting her Boston police officer boyfriend with her SUV and leaving him to die three years ago.
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March 27, 2025
Nuture Can't Escape Parents' Heavy Metal Baby Food Case
Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.
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March 27, 2025
Tesla Faces Fraud Claims Over Fatal Autopilot Crash
A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.
Expert Analysis
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.