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Personal Injury & Medical Malpractice
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Male Sex Drug Labeled As 'Natural' Contains Viagra, Suit Says
Sellers of the male enhancement drug Ryder XL, purportedly made with natural herbal ingredients, are facing a proposed class action in New Jersey federal court that accuses them of "dosing" consumers with large amounts of Viagra and Cialis without a prescription of physician oversight.
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August 01, 2024
NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says
The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.
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August 01, 2024
Georgia Judge Can't Order Woman To Pay For Jury Costs
A Georgia appeals court on Thursday said a trial court erred when it ordered a woman who voluntarily dismissed a personal injury suit during jury selection to pay more than $2,000 for jury and bailiff costs, saying there is no statute authorizing such an order.
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August 01, 2024
Conn. Defense Attys Can Weigh In On Baby Injury Case
The Connecticut Supreme Court will allow a group of defense attorneys to file a brief in car seat litigation in federal court that could affect whether companies can be held liable under state law for the absence of a child's relationship with their parents.
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August 01, 2024
Porsche Escapes Pa. Suit Claiming Faulty Cooling Pipes
A Porsche owner can't pursue claims that his SUV's allegedly faulty cooling system allowed antifreeze vapors to waft into his vehicle's cabin, a Pennsylvania federal judge ruled, saying the driver couldn't prove with "a reasonable degree of medical certainty" that these fumes caused his long-term respiratory problems.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 01, 2024
No Sanctions In Mom's $13.4M Feud With Conn. Group Home
A Connecticut state court judge has ruled that no sanctions are immediately necessary in a post-verdict feud between a group home accused of dodging depositions and an 81-year-old mother seeking to collect a $13.4 million judgment surrounding her son's death.
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August 01, 2024
IAM Local, Car Dealership Settle Secondary Boycott Suit
An International Association of Machinists local and a Mercedes-Benz dealership told a California federal judge Wednesday that they've reached a deal to end claims that union-represented workers violated federal labor law by blocking a delivery truck from exiting a dealership during a strike.
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August 01, 2024
JPML Won't Form MDL Of 35 Acne Product Benzene Suits
The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.
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August 01, 2024
Texas Juvenile Detention Centers Rife With Abuse, DOJ Says
A U.S. Department of Justice investigation into the Texas Juvenile Justice Department found a widespread pattern of physical and mental abuse and sexual exploitation at state-run facilities, with a report released Thursday calling for widespread reforms in juvenile detention institutions.
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August 01, 2024
Judge Denies Bid For Financial Info Of Miami Official's Wife
A Florida federal judge rejected a bid by two property developers seeking financial records of a Miami commissioner's wife in a garnishment hearing, saying Wednesday their claim isn't supported, although withholding them could work against the official claiming his salary can't be used to pay a $63.5 million judgment.
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July 31, 2024
DOD Says 9/11 'Mastermind,' 2 Accomplices Reach Plea Deals
The man accused of planning the attacks of Sept. 11, 2001, and two of his accused accomplices have reached plea agreements in their military commission cases, the U.S. Department of Defense announced Wednesday.
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July 31, 2024
Split 9th Circ. Won't Use New Law To Revive Trafficking Suit
A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.
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July 31, 2024
Portland Clinic Let Colonoscopy Patient Die, Jury Hears
A Portland Clinic doctor and staff did almost nothing to help an anesthetized colonoscopy patient while he went without oxygen for 22 minutes, jurors heard during opening arguments in an Oregon medical malpractice trial Wednesday.
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July 31, 2024
11th Circ. Affirms Trim Of Ex-Ala. Judge's Defamation Suit
The Eleventh Circuit held Wednesday that an Alabama federal court was correct to toss some of the claims in a defamation suit from Roy Moore, the embattled former Alabama Supreme Court leader, ruling that the court lacked jurisdiction over some claims and others were conclusory.
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July 31, 2024
2nd Circ. Paves Way For Conn. Zantac Bellwether, Attys Say
A recent decision by the Second Circuit that upheld the remand to state court of product liability lawsuits alleging that generic versions of Zantac may have caused cancer has paved the way for more than 850 additional plaintiffs to move forward in state court, according to a recent filing.
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July 31, 2024
Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say
Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.
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July 31, 2024
Federal Judge Overturns NJ Ban On AR-15 Assault Rifles
A New Jersey federal judge has overturned the Garden State's 30-year-old ban on AR-15 assault rifles, finding that even though it is "hard to accept the U.S. Supreme Court's pronouncements that certain firearm policy choices are 'off the table,'" the court is bound to follow the high court's decisions.
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July 31, 2024
9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid
A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.
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July 31, 2024
Gov't Fights Doctor's Bid For New Trial In NBA Fraud Case
Federal prosecutors are urging a New York district judge to reject a request for a retrial from a Seattle doctor found guilty for his role in a vast NBA fraudulent healthcare scheme, arguing that it properly admitted its evidence at trial, and it was more than enough to support the guilty verdict.
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
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July 31, 2024
Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies
The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.