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Personal Injury & Medical Malpractice
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February 07, 2025
2 RE Execs, Brother Assaulted 60 Women, Feds Say
Three brothers from Florida, including two prominent real estate executives, denied sex-trafficking charges in Manhattan federal court Friday alleging they conspired to drug and rape women, as a prosecutor said the authorities have interviewed over 60 victims.
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February 06, 2025
Doctors Org. Wants Health Agency Website Info Restored
An advocacy organization representing physicians asked a Washington, D.C., federal judge Thursday to require federal agencies to restore public-health related web pages and data that were taken down after the Office of Personnel Management directed the agencies to root out references to "gender ideology" on their websites.
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February 06, 2025
Sterilization Plant's 'Royal' Mistake Leaked Pollution, Jury Told
A former head of Terumo BCT Inc.'s Colorado medical sterilization facility testified Thursday that after a 2008 incident that he called a "royal fuck up" resulted in the release of a toxic chemical inside the plant, Terumo aired out the building and allowed the emissions to go outside.
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February 06, 2025
Buyers Want Kratom Cos. Addiction Suit To Go On
Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.
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February 06, 2025
Air Traffic Control System Upgrade In Spotlight After DC Crash
In the week since a midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River left 67 people dead, the Trump administration signaled Thursday that it's looking to expedite overhauling the nation's air traffic control system.
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February 06, 2025
TikTok Moderators Alleging Harm Face Uphill Cert. Battle
A California federal judge suggested on Thursday there might be too many individualized issues to certify a class of thousands of current and former TikTok content moderators in a suit alleging the social media platform is responsible for mental health issues the workers developed after being exposed to graphic content.
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February 06, 2025
WWE Accuser Flouting Conn. Law In Records Feud, Doc Says
The former World Wrestling Entertainment Inc. legal staffer who is suing the company and ex-executives, including founder Vince McMahon, for sex trafficking is misusing the Connecticut state court system to generate evidence for her federal case, a celebrity doctor has argued in seeking to dismiss a demand that he turn over her medical records.
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February 06, 2025
Will NFL Let Kendrick Call Drake A Pedophile At Super Bowl?
As Kendrick Lamar prepares to take the stage for this Sunday's Super Bowl halftime show, lawyers for the National Football League and Fox Sports must decide whether to censor the lyrics of his viral hit "Not Like Us" while rival rapper Drake wages a defamation war over the song's suggestion that he's a "certified pedophile."
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February 06, 2025
Tesla Fatal Crash's Tentative Trial Date Hinges On Fla. Justices
The parents of a teenager who died in a crash involving a Tesla told a Florida state judge Thursday they'd be willing to drop an appeal to require deposition testimony from CEO Elon Musk on an alleged conversation regarding a speed limiter if that means finalizing a trial start date.
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February 06, 2025
Ariz. Judge Favors Arbitration In Suit From Ex-Cardinals VP
An Arizona federal judge on Thursday signaled plans to send a defamation suit against the Arizona Cardinals and others to arbitration, as requested by the National Football League team and its owner in their ongoing dispute with its former vice president.
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February 06, 2025
4th Circ. Sides With Credit Rater In Developers' Libel Lawsuit
A group of developers won't get a second shot at their libel suit alleging credit rating firm Dun & Bradstreet published misleading credit reports about them after the Fourth Circuit said they failed to show the statements in those reports were defamatory.
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February 06, 2025
Insurance Co. Must Cover Truck Driver Injury, 11th Circ. Rules
The Eleventh Circuit has affirmed a Georgia federal judge's decision to hand a win to a transport company in a coverage dispute with Crum & Forster Insurance, ruling the insurer must cover a workers' compensation claim brought by a trucker maimed in an accident.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
'Novel' Kia, Hyundai Theft Liability Theory Faces 6th Circ. Test
A Sixth Circuit panel wrestled Thursday with whether to endorse a theory that automakers Kia and Hyundai could be liable for victims' injuries from crashes involving vehicles stolen during a TikTok-spurred wave of car thefts.
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February 06, 2025
Girardi's Mental Evaluation At NC Prison Extended By 15 Days
A California federal judge Thursday ordered Tom Girardi's psychiatric evaluation at a North Carolina federal prison to be extended by 15 days, and she also lectured Girardi's public defender while saying she "could not have imagined" why it took 17 days to get his client's medical records sent to the facility.
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February 06, 2025
Tort Report: Kiss Death Suit Must Be Axed, Band Says
A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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February 06, 2025
Jay-Z Gets Nod To Withdraw Sanctions Bid Against Buzbee
Rapper Jay-Z has dropped his sanctions bid against Texas attorney Tony Buzbee for filing a lawsuit that claims Jay-Z and Sean "Diddy" Combs raped a 13-year-old more than 20 years ago, accusations he has called "knowingly false."
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February 06, 2025
Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told
A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.
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February 06, 2025
Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism
One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.
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February 05, 2025
Cuomo Faces Skeptical Panel In AG Document Lawsuit
Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.
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February 05, 2025
Jay-Z Sex Assault Suit Invalid Under Law, Rapper Says
A suit accusing Shawn "Jay-Z" Carter of sexually assaulting a 13-year-old with Sean "Diddy" Combs more than 20 years ago is invalid because it was filed under a New York City civil rights statute that didn't exist at the time of the alleged incident, the rapper said in a dismissal bid Tuesday.
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February 05, 2025
Sterilization Co. Skimped On Pollution Controls, Residents Say
An attorney for four Colorado residents who claim emissions from a Terumo BCT Inc. medical sterilization facility caused their cancers told jurors at the start of a six-week trial Wednesday that the company cut corners and failed to implement known solutions to cut toxic emissions into the community.
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February 05, 2025
Toyota Urges NC High Court To Reverse 'Abusive' Ruling
Toyota and Subaru Corp. are looking to the North Carolina Supreme Court to pull them out of an "impossible corner" they were pushed into by a trial judge overseeing a wrongful death lawsuit stemming from a fatal car crash, arguing on Wednesday that his orders "incentivize" widespread "tactical abuse of discovery."
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February 05, 2025
Catholic Investors Bring Smith & Wesson Suit To Fed. Court
A group of Catholic sisters has refiled in federal court their suit accusing Smith & Wesson's directors and senior executives of placing their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings.
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February 05, 2025
NJ Judge Finds For Textron Unit In Fatal Copter Crash
A New Jersey state judge said Tuesday that Avco Corp., a division of Textron Inc., wasn't liable for a helicopter crash that resulted in the death of a country singer, since the company didn't design the engine part that the plaintiffs claimed was defective.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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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.