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Personal Injury & Medical Malpractice
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November 26, 2024
Tossing Uri Consumers' Claims Stifles 'Growth,' Justice Says
A Texas appellate court justice said Tuesday that a decision by the court finding that power plants owed nothing to consumers for damages resulting from outages during Winter Storm Uri stifles "growth" in common law, dissenting from his colleagues who denied a motion for the whole court to rehear the case.
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November 26, 2024
Delta's Preemption Stance Flops In Seattle Jet Pollution Suit
A Washington federal judge has declined Delta and Alaska Airlines' bid to dismiss a proposed class action filed by neighbors of Seattle's primary airport over alleged flight-path pollution, saying it's too early to tell whether the claims will be preempted by federal regulations governing air travel or plane emissions.
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November 26, 2024
Beasley Allen Escapes Sanctions For J&J Deposition No Show
A Texas bankruptcy judge on Tuesday laid ground rules for documents and communications to be shared in a messy discovery phase of the Chapter 11 of Red River Talc, Johnson & Johnson's latest liability spinoff, while also saying he wouldn't sanction a Beasley Allen attorney who didn't appear at a deposition last week.
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November 26, 2024
4th Circ. Won't Rehear Soldier's Loss In Suit Against Fluor
The Fourth Circuit on Tuesday declined to rehear, or rehear en banc, a split panel decision from October in a former Army specialist's suit against defense contractor Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan.
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November 26, 2024
Pa. Let Out Of Suit Concerning Child's Abuse, Death
The state of Pennsylvania has been let out of a federal lawsuit in which schools and local child-welfare agencies are accused of allowing a 12-year-old girl to be fatally abused by her father and stepmother, with the girl's estate telling the court that Pennsylvania has not responded to the lawsuit.
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November 26, 2024
Best Buy Must Face Suit Over Deliveryman Sex Assault
A New York state appeals court on Tuesday reinstated a suit seeking to hold Best Buy liable for a delivery worker's sexual assault of a customer, saying the dismissal was improperly based on the testimony of a manager who was hired seven years after the incident occurred.
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November 26, 2024
DraftKings Engineer Says Leave Request Led To Firing
A former DraftKings engineer alleges the sports betting company fired him after he requested parental leave despite positive reviews, violating the Family and Medical Leave Act, according to a lawsuit removed to Massachusetts federal court.
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November 26, 2024
Lawmaker-Turned-Judge Right Not To Recuse, Panel Says
A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
Ex-Worker Sues Steakhouse After Alleged Assault By Manager
STK Atlanta, a New York-based steakhouse chain, has been sued in Georgia federal court by a Georgia resident who alleges she was sexually assaulted by a manager while working for the restaurant in 2022, harassed by coworkers about the assault and then fired after she reported the harassment.
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November 26, 2024
Adult Day Care Tries To Duck Suit Over Autistic Man's Death
An adult day care center urged a Florida court on Monday to dismiss a lawsuit over the death of an autistic man who was left alone in a hot transport van for hours, arguing that the man's sister does not qualify as his survivor for a wrongful death claim.
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November 25, 2024
Judge Eyes Dec. Hearing To Sort Out Onion's Bid For Infowars
A Texas judge asked the Chapter 7 trustee in right-wing fabulist Alex Jones' bankruptcy to preserve the status quo until a sale hearing sometime in December that will determine whether the parent company of satirical news publisher The Onion was correctly chosen as the winning bidder in the auction for Jones' Infowars program.
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November 25, 2024
Ye Accused Of Sexually Assaulting 'Top Model' Contestant
A model who appeared as a contestant on "America's Next Top Model" sued Universal Music Group Inc. and Ye in New York federal court on Friday, alleging the rapper choked and sexually assaulted her during a music video shoot at the Chelsea Hotel in 2010.
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
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November 25, 2024
Calif. Court Says Son Can't Take Up Dead Father's Suit
Canada's Bombardier Recreational Products Inc. can't be held liable for injuries a man, who later died, allegedly suffered in one of its all-terrain utility vehicles, a California state appellate panel ruled, saying the trial court properly tossed the case as abandoned after the plaintiff's son failed to make himself the successor for the litigation.
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November 25, 2024
GATX Rips Norfolk Southern's Bid To Shift Derailment Liability
GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.
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November 25, 2024
Monsanto Attacks 'Frankenstein' Ruling In $185M PCB Verdict
Even though a lower state appellate court upended a $185 million jury verdict in a PCB tort brought by schoolteachers, Monsanto says Washington's high court should reject the part of the ruling that created a "Frankenstein's monster" that could let the teachers get around the state's ban on punitive damages in product liability cases by relying on Missouri law.
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November 25, 2024
Baltimore Atty Convicted Over $25M Hospital Extortion Plan
A Baltimore federal jury on Friday convicted a prominent medical malpractice attorney on all charges in a case alleging he threatened the University of Maryland with bad publicity about "diseased" organs being transplanted into patients unless it paid him $25 million.
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November 25, 2024
Philly Hospital Must Pay Patient's Family $6.8M, Jury Finds
Thomas Jefferson University Hospital must pay $6.8 million to the family of a woman who died from complications resulting from a procedure targeting a tumor, with a Philadelphia jury finding the hospital was negligent in its treatment.
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November 25, 2024
Bad Faith Case Isn't Apt For Garnishment, Mich. Justices Told
The Insurance Alliance of Michigan urged the Michigan Supreme Court to reverse an appeals court decision allowing an injured man to litigate bad faith claims against the at-fault party's insurer in garnishment proceedings, arguing the appellate decision allows him to circumvent pleading standards for a conventional civil action.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
Wrongful Death Suit Paused As NCAA, Family Talk Deal
A U.S. magistrate judge has agreed to pause for the second time a negligence and wrongful death lawsuit against the NCAA from the family of a late football player who was diagnosed with chronic traumatic encephalopathy after his death in 2018, giving the parties additional time to work toward a settlement.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Attys Fight Sanctions In Dropped Bob Dylan Abuse Suit
An attorney for two solo practitioners sanctioned for not turning over discovery material in a now-abandoned sexual assault suit against Bob Dylan told Second Circuit judges Monday that "lawyers are not their clients," arguing that the pair never personally disregarded a court order or instructed their client to do so.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.