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Personal Injury & Medical Malpractice
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January 28, 2025
Gunmaker Must Face AIG Units' Breach Counterclaims
Firearms-maker Colt's Manufacturing Co. LLC can not dodge claims that it breached a contract by failing to pay the first $250,000 in annual legal expenses it incurred while defending against litigation brought by the city of Gary, Indiana, a Connecticut federal court ruled.
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January 28, 2025
Wash. Judge Asks If Dr.'s Ivermectin Discipline Was Political
A Washington appellate judge asked Tuesday if a doctor who was disciplined by a medical board for prescribing the controversial drug ivermectin to COVID-19 patients was targeted for his political views, while another judge asked if "all lies" about medical information are protected speech.
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January 28, 2025
SoCal Edison Faces More Suits Over Eaton Blaze
At least two more lawsuits were filed in California state court against Southern California Edison, alleging the investor-owned public utility is responsible for sparking the devastating Eaton Fire that began Jan. 7 and destroyed most of Altadena, California, killing at least 17 people.
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January 28, 2025
Feds Say Health System Can't Ditch Fraud Suit Over Surgeries
The federal government and state of Washington urged a judge on Monday to allow their suit against a hospital operator to move forward, saying they have provided more than enough detail to support allegations that the health system knew a doctor was performing unnecessary surgeries.
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January 28, 2025
Insurer Says Mich. Sports Complex Not Covered In Injury Suit
A Berkley unit said it has no duty to defend or indemnify a Michigan sports complex in an underlying suit over a girl's injury during varsity soccer tryouts, telling a federal court Tuesday that a "participants" exclusion in its commercial general liability policy bars coverage.
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January 28, 2025
Dish Says Spoofed Social Media Posts Defamed Co., Execs
Dish Wireless is suing anonymous social media users in Colorado state court for defamation, alleging they created fake accounts posing as company executives while posting criticism of the business.
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January 28, 2025
Guns Owners Urge Justices To Throw Out NY Carry Law
Members of the Gun Owners of America Inc. have petitioned the U.S. Supreme Court to overturn a New York carry law that the Second Circuit largely upheld last year, arguing that the lower appellate court's ruling "doubled down" on erroneous conclusions already vacated the last time the justices heard the case.
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January 28, 2025
Morgan & Morgan Keeps Win To Arbitrate Malpractice Claims
A Georgia federal judge on Tuesday declined to reconsider a ruling granting Morgan & Morgan PA's bid to compel arbitration in a former client's legal malpractice case or to send the dispute back to state court.
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January 28, 2025
Calif. Bill Targets Oil Cos. For Climate Disaster Costs
A Democratic lawmaker in California has introduced a bill aimed at improving insurance affordability in the state by allowing insurers and victims of natural disasters to pursue action against oil and gas companies for their role in fueling the climate crisis.
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January 27, 2025
Justices To Weigh Feds' Liability In Ga. Wrong-House Raid
The U.S. Supreme Court agreed Monday to hear the appeal of a Georgia family that was the victim of a botched FBI no-knock raid of their home, taking up a pair of questions that will test of the boundaries of the Federal Tort Claims Act.
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January 27, 2025
SoCal Edison To Leave Power Off Amid Eaton Fire Litigation
Southern California Edison agreed Monday that it won't re-energize the power lines leading to the site of this month's deadly Eaton Fire for three more weeks, after plaintiffs' firm Edelson PC obtained a video that appears to show electrical sparks near the utility's equipment just before the fire began.
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January 27, 2025
Ga. County Looks To Dodge Wrongful Imprisonment Suit
A Georgia county facing allegations that its police department framed a then-teenager for the murder of his friend almost 30 years ago has asked a federal judge to be let out of the suit, arguing the plaintiff's Civil Rights Act claims failed to plead that his prosecution was the result of systemic failures.
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January 27, 2025
No Coverage For Worker 'Crushed' In Hole, Insurer Says
A construction contractor's commercial general liability insurer told a Louisiana federal court it owes no coverage for a wrongful death lawsuit that, according to the insurer, alleges a worker was "crushed in a hole."
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January 27, 2025
Late NFL QB's Family Can't Block Widow Over Documentary
The family of deceased NFL quarterback Dwayne Haskins Jr. can't get a court order barring his widow from undermining or trying to stop the release of a documentary his family commissioned because she did not actually take any actions against the project, a Pennsylvania federal judge ruled Monday.
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January 27, 2025
J&J Talc Unit's $9B Ch. 11 Plan Draws Slew Of Objections
The U.S. Trustee's Office and lawyers representing talc claimants have urged a Texas bankruptcy judge to reject a Johnson & Johnson spinoff's $9 billion plan to settle thousands of cancer claims through Chapter 11, arguing the proposed reorganization must fail because the bankruptcy case was filed in bad faith.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Tesla Too Late To DQ Judge In Crash Suit, Court Told
A woman suing Tesla Inc. over a crash that resulted in the amputation of her legs is urging a California federal court not to disqualify the judge assigned to her product liability case, saying the automaker has no excuse for waiting nearly a year and a half, until just before trial, to call for his disqualification.
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January 27, 2025
Buzbee Seeks Sanctions In Ex-Client's Fraud Suit
Amid his high-profile battles with music moguls Sean "Diddy" Combs and Shawn "Jay Z" Carter, Houston personal injury lawyer Tony Buzbee is seeking sanctions against the lawyers pursuing a separate fraud suit against him, saying they brought up unrelated accusations to harass Buzbee and damage his reputation.
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January 27, 2025
Fla. Judge Accused Of Bias In Energy Drink Co. Ch. 11
A Florida federal bankruptcy judge overseeing the Chapter 11 case of the company that makes Bang energy drinks was sued by its founder, who alleged the judge was biased throughout the proceedings and made several rulings that financially harmed him and the company.
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January 27, 2025
Justices Turn Away Venue Row In Zantac Carcinogen Claims
The U.S. Supreme Court on Monday declined to review the Second Circuit's split decision that Connecticut state court is the right venue for consolidated claims brought against multiple pharmaceutical companies over alleged carcinogens in heartburn medication Zantac.
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January 24, 2025
Ex-Koch Managers Ask 11th. Circ. To Undo Assault Verdict
The Eleventh Circuit on Friday considered whether to reverse assault and battery verdicts against two former Koch Foods human resource managers accused of inviting an employee to their home, propositioning her and subjecting her to disciplinary action at work when she refused their advances.
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January 24, 2025
Fla. Judge Splits Trial In Case Over DJ's Elevator Injuries
A Florida federal judge Friday bifurcated a trial between two insurance carriers and an elevator company that settled a Miami D.J.'s $5.5 million injury lawsuit, ruling that excess coverage claims will be tried first, with bad faith claims being tried after.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Ill. Justices OK Workers' Injury Suits Over Dormant Diseases
The Illinois Supreme Court answered the Seventh Circuit's call on Friday to clarify the state's Workers' Occupational Diseases Act in a widow's wrongful death lawsuit against Goodrich Corp., finding the statute can apply to claims for asbestos-related cancer and other diseases that manifest belatedly despite the statute's other temporal restrictions.
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January 24, 2025
Anti-Abortion Group Seeks High Court Review Of NJ Probe
An anti-abortion pregnancy center operator wants the U.S. Supreme Court to revive its federal court challenge to a subpoena from the New Jersey attorney general that seeks information about its donors, urging the court in a petition for certiorari to resolve a legal "Catch-22."
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.