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Personal Injury & Medical Malpractice
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March 20, 2025
9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube
A Ninth Circuit judge on Thursday took to YouTube to issue a dissent over the court's decision to ban in California all high-capacity magazines for weapons, a move that several of his fellow judges lamented as "wildly improper" and said they needed to address "lest the genre proliferate."
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
'Epic Self-Own': Lively Says Baldoni Libel Suit Hikes Damages
Blake Lively urged a New York federal judge on Thursday to toss Justin Baldoni's claims that she defamed him with sexual harassment allegations, saying the law prohibits such retaliatory libel suits and that he has committed an "epic self-own" that will put him on the hook for additional damages.
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March 20, 2025
Boeing Seeks Pause In Birth Defect Suits Until Appeals Ruling
The Boeing Co. has urged a Washington state judge to pause nine cases involving factory workers who blame on-the-job chemical exposure for birth defects in their children, citing an appellate court's recent decision to review whether the company can be sued for alleged harm to employees' offspring before their conception.
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March 20, 2025
Conn. Murder Exoneree Seeks Extra $2M From Cop's Estate
A Connecticut felony murder exoneree on Thursday asked a judge to heap an extra $2 million onto a $5.7 million federal jury verdict issued Wednesday against the estate of a now-deceased town police officer who failed to raise red flags about a key witness's interview.
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March 20, 2025
Judge Nixes Bid For InfoWars Publisher In Alex Jones Ch. 7
A Texas bankruptcy judge has rejected a new $8 million cash offer for Free Speech Systems, the publisher of InfoWars, writing he already ruled out a sale of FSS' assets in the Chapter 7 of conspiracy theorist Alex Jones.
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March 20, 2025
Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground
A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.
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March 20, 2025
Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit
A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.
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March 20, 2025
Attys Suing FIFA Appear To Have Used AI In Fighting DQ Bid
A Puerto Rico federal judge is threatening sanctions for attorneys accusing soccer's international governing body, its Puerto Rican affiliate and a regional soccer association of trying to block local rivals, after the attorneys appeared to use artificial intelligence to help write briefs containing citations to nonexistent cases.
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March 20, 2025
Injured Workers' Comp Lawyer Wins Coverage Of CBD Oil
CBD oil prescribed to a workers' compensation attorney for a back injury he suffered while loading files into a trial bag must be covered by his firm, the Pennsylvania Supreme Court affirmed on appeal Thursday.
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March 20, 2025
Colo. Court Says No Corp. Damages Cap In Some Death Suits
A Colorado Court of Appeals panel on Thursday held that there is no cap on damages for corporations facing wrongful death lawsuits for "felonious killings," sending a case back to a trial court to consider how much of a $15 million verdict Xcel Energy should pay.
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March 20, 2025
Absent Co-Owners Not 'Indispensable' For Negligence In Pa.
An absent co-owner of a property who doesn't share any responsibility for it isn't an "indispensable party" to negligence litigation against another co-owner, the Supreme Court of Pennsylvania ruled Thursday in reviving a woman's slip-and-fall suit against her landlord.
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March 20, 2025
Feds Seek 3-Year Sentence For Med Mal Atty's Extortion Ploy
Federal prosecutors are seeking a three-year prison sentence for a prominent Baltimore attorney found guilty of a $25 million extortion attempt against the University of Maryland Medical Center over false claims that the hospital knowingly transplanted "diseased" and rejected organs into patients.
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March 20, 2025
Ga. House Passes Civil Justice Overhaul, Nears Final Approval
Georgia's House of Representatives voted largely along party lines Thursday to advance a Republican-backed overhaul to the state's civil justice system, clearing one of the final hurdles for Gov. Brian Kemp's top legislative priority of 2025.
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March 20, 2025
NJ Firm Can't Force Arbitration Of Ex-Leader's Firing Suit
New Jersey personal injury firm Ginarte Gonzalez & Winograd LLP cannot steer a former managing partner who claims the firm retaliated against him for protected activity into arbitration after it waived the right to arbitrate his claims before a judge, a state appellate court ruled Thursday.
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March 19, 2025
Combs Accuser Fights Marriott's Bid To Escape Suit
A woman who has accused Sean "Diddy" Combs of raping and threatening to kill her at a Marriott International Inc. hotel in Manhattan in 2004 has urged a New York federal judge to reject the hotel giant's bid to escape her lawsuit.
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March 19, 2025
Ryan Reynolds Says Baldoni's Claims Are Just 'Hurt Feelings'
Ryan Reynolds has urged a New York federal court to throw out Justin Baldoni's defamation suit against him, arguing that the "It Ends With Us" actor-director's complaint is devoid of any legitimate allegations and merely stems from Baldoni's "hurt feelings" in his ongoing beef with Reynolds and Blake Lively.
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March 19, 2025
Ohio Judge Blasts Fla. Atty In Opioid MDL For False Statements
The Ohio federal judge overseeing multidistrict opioid litigation has sanctioned a Florida attorney who represents 15 municipal subdivision plaintiffs for repeatedly stating that members of their attorney leadership team regularly engaged in improper communications with the court.
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March 19, 2025
Fla. Judge Mulls Appointing 3rd Party Atty In Chiquita MDL
A Florida federal judge on Wednesday said he is considering appointing a third-party lawyer to advise clients in a multidistrict litigation case on whether they should settle or pursue claims of Chiquita funding a Colombian right-wing paramilitary group that committed war crimes against civilians in Colombia, following arguments from attorneys.
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.
A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.
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March 19, 2025
Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits
A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.
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March 19, 2025
Samsung, LA Resident Settle Galaxy Wristband PFAS Suit
A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.
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March 19, 2025
Utah Hospital Can't Nix EMTALA Claim In Suicide Attempt Suit
A Utah federal court denied a hospital's second attempt to toss a patient's claim under the Emergency Medical Treatment and Active Labor Act, finding that facts remain in dispute regarding the patient's admittance and subsequent transfer to another facility following a suicide attempt.
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March 19, 2025
Sotera Beats Shareholder Suit Over Sterigenics Emissions
Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.