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Personal Injury & Medical Malpractice
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April 17, 2025
Apple Slams Claim Amber Alert On AirPod Hurt Boy's Hearing
Apple urged a California federal judge Thursday to toss claims that a set of AirPod Pro earbuds was defective, causing an Amber alert to damage a 12-year-old boy's hearing, saying there's no evidence the notification could have caused the injury and the family's expert didn't rule out COVID-19 as the cause.
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April 17, 2025
Bard Plant's Emission Controls Weren't Up To Snuff, Jury Told
A Georgia state jury heard Thursday that a C.R. Bard medical equipment sterilization plant carelessly emitted ethylene oxide by going years without pollution controls, and later failing to diligently use and maintain the controls it did eventually install.
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April 17, 2025
Ozempic Caused Blindness, NC Woman Claims
A North Carolina woman said in New Jersey federal court Wednesday that her use of the diabetes drug Ozempic resulted in the permanent loss of her vision, alleging that manufacturer Novo Nordisk A/S should have known the drug could cause blindness.
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April 17, 2025
NC Justice Unsure Contractor Can Avoid Workers' Comp Payout
A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.
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April 17, 2025
Argentine Gunmaker Seeks Exit From Pistol Defect Suit
An Argentine gun manufacturer asked a federal judge Wednesday to toss a Georgia man's lawsuit alleging a dangerous defect in the design of a 9mm pistol caused him to be shot when the gun accidentally discharged, arguing the court lacks jurisdiction over the case.
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April 17, 2025
Patient Drops Suit Over Scalpel Blade Left In Him For 5 Years
A New York man who accused his surgeon of leaving a scalpel blade in his shoulder after a 2018 operation and then covering up the mistake for years has come to an agreement with that doctor and the surgery center he worked in to dismiss their dispute from Connecticut federal court.
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April 17, 2025
Frontier Slapped With Suit Over Cycling Accident
Frontier Communications is liable for the serious injuries of a man who was thrown from his bicycle after he became caught in a loose cable that was hanging in the road, a lawsuit filed recently in Connecticut state court says.
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April 17, 2025
9th Circ. Revives Defect Suit Against CR Bard Over Clot Filter
The Ninth Circuit on Thursday revived a patient's allegations that C.R. Bard's blood clot-preventing IVC filter was defective, ruling that a lower court was wrong to throw out the suit as untimely since there are factual disputes as to when the patient noticed the filter had malfunctioned.
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April 17, 2025
Co. Seeks 2nd Shot At Asbestos RICO Suit, Citing New Info
New information supplied by confidential whistleblowers is cause for an Illinois federal court to allow a Los Angeles pipe manufacturer a second chance at pursuing a racketeering case against a Chicago area law firm, the company has argued in a motion to alter or amend the judgment.
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
Insurer Owes No Coverage For Fatal Facade Collapse
An insurer has no duty to defend a roofing contractor in a wrongful death lawsuit alleging that two individuals died from the collapse of a building facade, an Illinois federal court ruled, finding a prior works exclusion applicable.
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April 17, 2025
NJ Says Discord Misled Public About Messaging App's Safety
New Jersey Attorney General Matt Platkin alleged in a complaint Thursday that popular messaging app Discord has misled kids and parents for years about the app's safety, leaving children vulnerable to harassment, abuse and sexual exploitation.
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April 16, 2025
Bard Sickened Ga. Man With Medical Gas Pollution, Jury Told
A C.R. Bard medical equipment sterilization plant secretly "poisoned" a resident of a Georgia town by emitting ethylene oxide for 50 years, a jury heard in opening statements Tuesday, while Bard told the jury it "overwhelmingly" demonstrated reasonable care with the powerful gas.
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April 16, 2025
Philly Housing Agency Seeks Out Of Suit Over Fatal Fire
The Philadelphia Housing Authority on Wednesday urged a Pennsylvania federal court to free it from a lawsuit accusing it of responsibility for a fatal 2022 public housing fire that killed 12 residents, saying administrators of the decedents' estates failed to show that the agency directly caused the fire.
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April 16, 2025
Judge Pauses Md. Depositions In Bridge Collapse Suit
A federal judge has paused an order forcing witnesses associated with Grace Ocean and Synergy Marine, which owned the cargo ship that struck Francis Scott Key Bridge, to be deposed in Maryland, finding it unclear whether they're employees who can't be forced to come to the United States and must be subpoenaed.
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April 16, 2025
Ex-Ga. Sheriff Sued Over 'Deplorable' Jail Conditions
Former Clayton County, Georgia, Sheriff Victor Hill, who was convicted in 2022 of violating his detainees' civil rights by leaving them strapped to a chair for hours at a time, was sued by a detainee who says she faced "deplorable" conditions in the Clayton County Jail.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
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April 16, 2025
Conn. Town Wants Murder Exoneree's $5.7M Jury Win Tossed
A Connecticut town has asked a federal judge to either toss or zero out an exonerated murder defendant's $5.7 million jury trial win, saying one of its police officers did not, as a matter of law, assist a state police officer in fabricating a jailhouse informant's testimony.
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April 16, 2025
Orlando Health Hit With $45M Verdict Over Heart Attack Death
Orlando Health Inc. was hit with a $45 million verdict after a Florida jury found the healthcare company acted with reckless disregard when treating a heart attack patient who died while waiting for a transfer to another Orlando Health facility by helicopter despite a competing hospital being available a few miles away.
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April 16, 2025
Helicopter Co. Can't Block Testimony In Crash Suit, Family Says
The family of a helicopter pilot who died fighting a wildfire has told a Montana federal judge that the manufacturer shouldn't be allowed to exclude their experts' testimony, since the company already had a chance to ask them about their theories.
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April 16, 2025
5th Circ. Says Late Settlement Notice Means No Coverage
A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.
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April 16, 2025
Chiropractor Sues Law Firm For Filing Delay After $3M Verdict
A Florida chiropractor is suing his former law firm for malpractice after he says it failed to timely file an action against his liability insurer following a $3.7 million judgment against him.
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April 16, 2025
Gymnast's Estate Blames Connecticut For Fatal Injury
The state of Connecticut is responsible for the wrongful death of a 20-year-old Southern Connecticut State University gymnast who was fatally injured during a 2019 training exercise, her estate said in a newly retooled lawsuit over the incident.
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April 16, 2025
Cops, Sheriffs, Town Want Forced Catheter Suit Tossed
Current and former officials in Hollis and Harmon County, Oklahoma, are urging a federal court to throw out a suit from a man who alleges he was forcibly catheterized without his consent following a traffic incident in violation of his civil rights.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.