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Personal Injury & Medical Malpractice
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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.
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March 12, 2025
Awning Maker, Feds Settling Safety Defect Claim
A Massachusetts awning manufacturer and the government told a federal judge Tuesday they are finalizing a settlement of civil claims that the company intentionally hid a safety defect that led to injuries and one death.
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March 11, 2025
Ex-NFL Cornerback Wants Colo. Assault Suit Tossed
An embattled former Las Vegas Raiders cornerback has urged a Colorado federal judge to throw out civil claims from a woman he supposedly knocked unconscious in 2023, saying the plaintiff hasn't met the monetary pleading threshold because her claimed damages are all either speculative or covered by Medicaid.
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March 11, 2025
Ga. Appeals Court Backs Stroke Patient's $75M Med Mal Win
A Georgia appellate panel has affirmed a $75 million verdict won by a stroke patient who alleged that his doctors at an Atlanta-area emergency room failed to diagnose his condition in time to save him from developing complete bodily paralysis.
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March 11, 2025
NJ Justices Say NY Doc Can't Be On Med Mal Verdict Form
The New Jersey Supreme Court ruled Tuesday that an anesthesiologist accused of causing a patient's death during surgery can't have the verdict sheet at the upcoming trial apportion blame to a New York doctor who was never named as a party in the suit.
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March 11, 2025
'Paucity' Of Proof Thwarts NC State Law Claims In Gardasil MDL
A North Carolina federal judge has found that Merck did not violate state law by not including warnings about its Human Papillomavirus vaccine Gardasil, saying there was a "paucity" of evidence that the vaccines cause certain injuries to recipients.
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March 11, 2025
Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit
Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.
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March 11, 2025
NTSB Flags Helicopters Near DCA As 'Intolerable Risk'
The National Transportation Safety Board recommended Tuesday that helicopter flights near Ronald Reagan Washington National Airport be permanently restricted following January's deadly midair collision over the Potomac River, saying helicopter traffic in the vicinity of a key airport runway poses an "intolerable risk to aviation safety."
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March 11, 2025
J&J Tells 3rd Circ. No Price Impact In Talc Concealment Suit
Johnson & Johnson urged the Third Circuit on Tuesday to undo class certification of investor claims that the company inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, arguing that the investors could not have relied upon its alleged misrepresentations because there was no impact on the stock market's price.
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March 11, 2025
Zydus Cuts Deal With States, Tribes In Opioid Nuisance Suit
Zydus Pharmaceuticals Inc. has reached a deal in principle with states and Native American tribes that should quash claims related to the company's alleged role in exasperating the opioid crisis.
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March 11, 2025
Lyft Driver Says Up To $1M In UIM Benefits Owed Over Crash
A Lyft Inc. driver who said he was severely injured in a head-on collision while completing a ride is accusing the ride-hailing giant and its insurer of failing to provide him up to $1 million in underinsured motorist coverage, even though he said Lyft promised such coverage to its drivers.
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March 11, 2025
Netflix Gets 'Surviving R. Kelly' Libel Suit Tossed, For Now
Netflix Inc. and Lifetime Entertainment Services won dismissal Tuesday of a defamation lawsuit alleging the latest iteration of their hit documentary series "Surviving R. Kelly" defamed a former assistant to the now-imprisoned R&B singer, although a Delaware federal judge gave the plaintiff another shot at pleading actual malice.
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March 11, 2025
Insurer Says AIG Unit Must Cover Water Contamination Suit
An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.
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March 11, 2025
Yale-Tied Doc Dies Amid Ongoing Insemination Fraud Cases
A Connecticut doctor who worked at a Yale School of Medicine clinic who was sued for allegedly using his own sperm to impregnate unsuspecting patients has died during the pendency of the two cases against him, according to a court filing.
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March 11, 2025
Colo. Justices Uneasy About Reach Of Xcel's Immunity Claim
Colorado's justices were concerned Tuesday about the potentially far-reaching consequences of Xcel Energy's claim that a regulatory tariff limits its liability from a man's personal injury claim, with one justice asking if it would be a "severe derogation of common law" for regulators to grant the utility such broad immunity.
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March 11, 2025
Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'
Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."
Expert Analysis
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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.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.