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Personal Injury & Medical Malpractice
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February 12, 2025
'Harry Potter' Ride At Universal Is 'Dangerous,' Jury Told
A "Harry Potter" ride at Universal Studios Hollywood is "dangerous" for riders when they step off a moving floor, a forensic scientist told a California federal jury Wednesday considering claims that a grandmother was seriously injured in a preventable fall when exiting the popular attraction.
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February 12, 2025
NBC Faces $100M Suit Over 'Salacious' Diddy Documentary
NBCUniversal Media, its streaming service Peacock TV and production company Ample Entertainment put profits over journalistic standards when they raced to broadcast "the most salacious Diddy exposé" containing "fresh lies and conspiracy theories," the embattled music mogul alleges in a $100 million defamation lawsuit filed Wednesday in New York state court.
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February 12, 2025
Survivor Blames Mass Shooting On Lax Mich. State Security
A survivor of a mass shooting at Michigan State University said the attack was "entirely preventable" and faulted the school for failing to invest in security measures in a complaint filed Wednesday in federal court.
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February 12, 2025
Insurer Says Gun Clause Blocks Deadly Shooting Coverage
An insurer has said a firearms exclusion in a Washington state sports pub's policy bars coverage in a pair of wrongful death lawsuits stemming from a shooting more than three years ago that left three people dead.
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February 12, 2025
Fla. Panel Reinstates Suit Over Fatal Cement Truck Collision
A Florida state appellate panel Wednesday reinstated a wrongful death lawsuit over a fatal vehicle collision involving a big rig truck hauling cement, ruling that testimony showed there are still factual disputes to be resolved concerning issues on alleged negligence from the truck driver and his transportation company's liability.
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February 12, 2025
Estate Of Wife Killed By Ex-BigLaw Atty Opposes Consolidation
The administrator of the estate of the wife of former BigLaw attorney Claud "Tex" McIver has called on a state court to not consolidate an action regarding the proceeds of a wrongful death settlement and a separate probate case involving her will.
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February 12, 2025
Sig Sauer's Bid To Toss $2.3M Ga. Jury Verdict Misfires
A Georgia federal judge has declined to toss a $2.35 million verdict against Sig Sauer over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, saying she was "unmoved" by the gunmaker's arguments that it deserves a new trial.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
One Sotheby President, Wife Hit With Wrongful Death Suit
The president of One Sotheby's International Realty and his wife have been accused in Florida state court of being responsible for causing the death of a woman's adult son in a vehicle collision.
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February 12, 2025
Jurisdiction Dooms Federal Russell Simmons Sex Assault Suit
A Manhattan federal judge has dismissed a suit accusing music producer and Def Jam Recordings co-founder Russell Simmons of sexual assault, saying Simmons is now a permanent resident of Indonesia over whom the court has no jurisdiction, though the plaintiff plans to refile the claims in state court.
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February 12, 2025
Ga. Judge Trims Untimely Paragard IUD Claims From MDL
The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 12, 2025
2nd Circ. Upholds R. Kelly's Sex Abuse Conviction
The Second Circuit upheld R&B singer R. Kelly's convictions for racketeering and sex trafficking Wednesday, citing the strength of the evidence and rejecting his claims that four jurors were biased against him.
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February 12, 2025
Atty Says Ex-Partner Filed Bogus Police Report Over Router
Connecticut attorney Ryan McKeen made "material misrepresentations" when reporting his ex-law partner Andrew Garza to the police for entering their former firm's office early one morning to retrieve an internet router, Garza told a state court judge in a renewed bid for sanctions against McKeen.
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February 12, 2025
Ropes & Gray To Review Seton Hall Sex Abuse Investigation
Ropes & Gray LLP will lead a review of a 2019 investigation into sexual abuse allegations at Seton Hall University, which found that the university's recently appointed president knew of the allegations against former Archbishop Theodore McCarrick but did not report them properly, according to an announcement this week.
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February 12, 2025
Ex-Client Slams Buzbee's Sanctions Bid In Fraud Suit
A former client suing prominent Houston attorney Tony Buzbee for fraud has hit back against Buzbee's attempt to sanction him, claiming he's well within his rights to mention other instances in which Buzbee allegedly stole from clients.
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February 12, 2025
2nd Lyondell Leak Case Settles A Week Into Trial
A valve maker and eight workers at a LyondellBasell facility in La Porte, Texas, settled their claims roughly one week into a monthlong trial.
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February 11, 2025
Faulty 'Harry Potter' Ride Crushed Grandma's Spine, Jury Told
A woman known in her family as the "adventure grandma" was horribly injured at Universal Studios Hollywood on a "Harry Potter" ride, a California federal jury was told Tuesday during opening statements of a trial over allegations the ride's poor design and employee negligence resulted in her spine being crushed.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
SC Justices Question Receivership Orders In Asbestos Row
The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.
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February 11, 2025
Alaska Airlines Sued Over Alleged In-Flight Sexual Assault
A passenger has sued Alaska Airlines seeking to recover damages in the wake of an alleged sexual assault aboard a 2023 flight from Seattle to Honolulu, according to a complaint filed in Washington state court.
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February 11, 2025
Monsanto Loses Attempt To Overturn $1.25M Roundup Award
A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.
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February 11, 2025
Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit
Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.
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February 11, 2025
Monsanto PCB Appeal Seems To Divide Wash. High Court
Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.
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February 11, 2025
Colo. Justices Mull Statute's Silence In Med Mal Cap Debate
The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.
Expert Analysis
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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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.