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Personal Injury & Medical Malpractice
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July 15, 2024
SoulCycle Must Face Suit Over Fall From Exercise Bike
A New Jersey appeals panel on Monday revived a woman's claims against SoulCycle Inc. alleging an instructor's negligence led to her falling from a stationary exercise bike, finding the waivers she'd signed were ambiguous and unenforceable.
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July 15, 2024
Diocese's Insurer Says No Coverage For Sex Abuse Claims
An excess insurer for the Roman Catholic Bishop of Orange told a California federal court it owes no coverage for over 200 consolidated child sex abuse lawsuits, arguing that despite the primary insurer's insolvency, underlying limits must deplete before excess coverage kicks in.
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July 15, 2024
Girardi Seeks 2-Month Delay For Client Theft Trial, To October
Disgraced lawyer Tom Girardi's defense attorneys want to push back his closely watched wire fraud trial to October from its current August start date, claiming they've been "misled" by "sharp-elbowed" federal prosecutors who have unexpectedly sought to expand the scope of their case against Girardi in recent weeks.
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July 15, 2024
Military Families Fight Gov't Bid To Slash Fuel Leak Payout
Military family members and civilians have fired back at the federal government's attempt to dramatically undercut their request for damages following a bellwether bench trial in litigation stemming from fuel leaks tied to a now-shuttered Navy storage facility at Pearl Harbor.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
11th Circ. Upholds UMiami's Win In Retaliation Suit
The Eleventh Circuit affirmed a Miami federal jury's verdict rejecting claims that the University of Miami fired a compliance officer for his refusal to close an investigation into the college's alleged Medicare overcharging, ruling that the officer had "invited" the jury instruction on which he based his appeal.
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July 15, 2024
Ga. Man Wants $10M After Carnival Truck Collision
A Columbus, Georgia, man is asking for more than $10 million in damages after a truck driver for a South Carolina amusement rides company rear-ended and seriously injured him, according to a suit removed to Georgia federal court Friday.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Cuomo Beats Retaliation Claims In NY Trooper's Suit
Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.
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July 12, 2024
Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails
Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.
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July 12, 2024
'Vanderpump' Star Fails 'Richard Simmons' Test, Judge Says
A California judge has declined to toss revenge porn claims against Ariana Madix brought by her former "Vanderpump Rules" co-star Rachel Leviss, finding the alleged behavior is not protected by the First Amendment because it is illegal, just as when a tabloid placed a GPS tracker on Richard Simmons' car.
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July 12, 2024
Texas Lethal Injections Criminal Matter, Says Appeals Court
A split Texas appeals court panel found that a state district court should have dismissed two death row inmates' suit because it did not have jurisdiction, with the majority saying Friday that any case seeking an injunction that could stay an execution falls under the jurisdiction of criminal courts.
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July 12, 2024
Texas Panel Revives Woman's Acupuncture Burn Suit
A Texas court of appeals revived a suit accusing an acupuncturist of providing negligent suction cup treatment that left a woman with second-degree burns, finding the woman should be provided additional time to fix her deficient medical expert report.
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July 12, 2024
Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back
In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.
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July 12, 2024
Judge Questions Zuckerberg's Bid To Dodge Liability In MDL
A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."
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July 12, 2024
CACI Can't Avoid New Trial In Abu Ghraib Torture Case
A Virginia federal judge has refused to revisit a decision denying CACI International's attempt to toss a case accusing the company of aiding torture at Iraq's Abu Ghraib military prison following a mistrial, saying CACI hasn't shown any error in her earlier ruling.
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July 12, 2024
No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says
Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.
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July 12, 2024
11th Circ. Ends Widow's Crash Suit Against Trucking Broker
The widow of a man killed in a collision with a tractor trailer won't be able to press her negligent selection claim against the company that hired the trucker and his carrier after the Eleventh Circuit this week backed a district court's ruling that federal transportation law preempts her case.
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July 12, 2024
Chancery Tosses Centene Shareholders' Medicaid Fraud Suit
The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.
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July 12, 2024
Widower Drops Suit Over Surgical Robot-Related Death
A widower agreed Thursday to drop his suit against Intuitive Surgical Inc. over an alleged defect in its da Vinci surgical robots that allowed electricity to arc during his wife's surgery, burning her small intestine and leading to her death.
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July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing
A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
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July 12, 2024
Judge Cites 'Dizzying Array' Of TikToks In Denying Sanctions
A Georgia federal judge has refused to reconsider his late-September denial of two social media personalities' attempt to secure monetary sanctions in a defamation suit, saying a "dizzying array of TikTok videos and social media posts" is insufficient to entitle them their requested relief.
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July 12, 2024
More Attys Leave Suit Over WWE Fan's Fla. Fireworks Injuries
A boutique law firm that describes itself on its website as a "one stop shop" for the fireworks industry has stopped representing World Wrestling Entertainment Inc. in a fan suit alleging injuries from a fireworks display at a WWE event, saying the attorney-client relationship "has deteriorated."
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July 12, 2024
Biggest Colorado Decisions Of 2024: A Midyear Report
The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
Expert Analysis
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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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.