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Personal Injury & Medical Malpractice
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March 21, 2025
Criminal Inaction Can Be Violence, Justices Rule In Mob Case
A divided U.S. Supreme Court on Friday upheld the conviction of an alleged New York mobster who argued he should not have been found guilty of a murder-for-hire scheme because he did not physically participate in the botched hit job.
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March 20, 2025
'Careless People' Author Can Testify In Meta Addiction MDL
Meta Platforms Inc. on Thursday failed to block the deposition of the former executive behind the tell-all memoir "Careless People," with a California magistrate judge giving plaintiffs the green light to depose her in multidistrict litigation over social media platforms' allegedly addictive designs.
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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.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.