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Personal Injury & Medical Malpractice
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March 25, 2025
Sports Shooting Org. Wants NJ Nuisance Law Case Revived
The National Shooting Sports Foundation is pushing a New Jersey federal court to reopen its case challenging a law that would hold firearms manufacturers and sellers liable for crimes by people who have bought their guns, accusing the Garden State's attorney general of "hoodwinking" the Third Circuit two years ago in promising not to enforce the law.
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March 25, 2025
Gymnast's Estate Drops Suit Over Fatal Training Injury
The estate of a 20-year-old Southern Connecticut State University gymnast who suffered a fatal injury during a 2019 training exercise has withdrawn a lawsuit against the school and its former women's gymnastics coach, state court records show.
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March 25, 2025
Ford To Explore Mediation After $2.5B Rollover Verdict
At the suggestion of a Georgia federal judge, Ford Motor Co. and a family that won a $2.5 billion punitive damages verdict against the company last month in a fatal Super Duty truck rollover trial have agreed to give mediation a try before the company presses ahead with efforts to get the record-breaking award overturned.
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March 25, 2025
Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling
A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.
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March 25, 2025
A Look At 6 States Tussling Over Tort Reform Legislation
There are six state legislatures, mostly in the South, that are debating whether to install business-friendly tort reform legislation or dismantle medical malpractice guardrails. The bills run the gamut from potential game-changing legislation in Georgia, to efforts in Texas to cap certain types of personal injury damages.
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March 25, 2025
Florida High Court Forms Group To Examine Judicial Security
The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
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March 25, 2025
LADWP Accused Of 'Massive Cover-Up' In Palisades Fire
Los Angeles fire victims hit the Los Angeles Department of Water and Power with another lawsuit in California state court Monday, accusing the LADWP of conducting a "massive cover-up" to allegedly hide that its downed power lines had sparked several additional fires that fueled the deadly Pacific Palisades fire.
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March 24, 2025
BMW AG Can't Ditch Suit Over Airbag Explosion In Ill.
An Illinois federal judge on Monday refused to throw out a BMW driver's lawsuit alleging he was severely injured after an airbag in his car exploded, ruling that the German-based company is indeed subject to the court's jurisdiction in the Prairie State.
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March 24, 2025
Salesforce Can't Escape Backpage Sex-Trafficking Suit
A Texas federal judge has ruled Salesforce must face a suit over the sex trafficking of women on Backpage.com, the defunct classified ads website that utilized the company's software, saying it was properly alleged that Salesforce should have been aware of Backpage's connection to prostitution.
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March 24, 2025
Prudential Settles Trauma Surgeon's Disability Benefits Suit
Prudential agreed to end a surgeon's lawsuit claiming the insurer unlawfully cut off her disability benefits after erroneously determining that she could return to work in a different capacity, according to a filing Monday in Texas federal court.
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March 24, 2025
Ill. County Must Face Public Defender's 1st Amendment Claim
An Illinois federal judge on Friday trimmed a public defender's constitutional claims against her county employer after she was disciplined for displaying a photograph in an office area of her holding a gun in front of an Israeli flag following the Oct. 7 Hamas terrorist attack in Israel, dismissing her First Amendment prior restraint claim but otherwise allowing her suit to proceed.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Norfolk Southern Must Face Investors' Suit Over Safety Claims
A lawsuit claiming that Norfolk Southern executives propped up stock prices with false claims about the railroad's safety culture has survived the company's motion to dismiss, with a Georgia federal judge ruling Monday that those claims were specific enough to be material for investors who were allegedly deceived up until the 2023 derailment in East Palestine, Ohio.
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March 24, 2025
Ex-Girardi Lawyer Faces Ethics Charges For $53M Settlement
The State Bar of California has filed disciplinary charges against a former Girardi Keese attorney alleging he settled a family's claims for $53 million without permission and hid the firm's misappropriation of millions of dollars from the resulting settlement funds, among other ethical violations.
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March 24, 2025
Monsanto Hit With $2.1B Verdict In Ga. Roundup Case
A Georgia jury has ordered Monsanto to pay nearly $2.1 billion to a man who said his cancer was caused by the weedkiller Roundup, in what his attorneys called the largest single-plaintiff injury verdict in the state's history.
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March 24, 2025
Justices Pass Up BNP Paribas Appeal In Sudan Refugee Case
The U.S. Supreme Court on Monday declined a petition from BNP Paribas to review a grant class certification in a suit alleging the French banking giant enabled human rights abuses in Sudan.
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March 21, 2025
Attys Suing FIFA Say Humans, Not AI, Made Citation Errors
Attorneys accusing soccer's international governing body, its Puerto Rican affiliate and a regional soccer association of trying to block local rivals told a Puerto Rico federal judge Friday that it was simply human oversight — not the use of artificial intelligence — that led to citation inaccuracies in recent filings.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
Aircraft Parts Co. Moves Facility Fire Case To Federal Court
Aircraft parts manufacturer SPS Technologies LLC has moved litigation over the effects of its Abington Township, Pennsylvania, parts warehouse explosion and fire to federal court from the Philadelphia County Court of Common Pleas, arguing that federal jurisdiction is proper because its parent company is in Oregon.
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March 21, 2025
Justice Dept. Wants To Sub In For Trump In Jan. 6 Riot Cases
The U.S. Department of Justice has asked a Washington, D.C., federal court to allow it to take the place of President Donald Trump in suits brought by federal lawmakers and Capitol police officers over the Jan. 6, 2021, insurrection at the U.S. Capitol, arguing that the cases center on actions he took as a federal employee.
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March 21, 2025
NC Top Court Revives Constitutional Claim In Forced Vax Suit
The North Carolina Supreme Court Friday partially revived a family's lawsuit alleging a 14-year-old was given a COVID-19 vaccine without his parents' consent, saying a federal law that shields certain activity aimed at resolving the spread of disease during a public health emergency covers tort injuries, not state constitutional violations.
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March 21, 2025
Boeing's Ex-CEOs, Suppliers Escape 737 Max Family's Claims
An Illinois federal judge on Friday dismissed a suit from an Ethiopian Airlines crash victim's family alleging former Boeing CEOs were personally liable for the company's negligence, holding the complaint lacks facts regarding what the CEOs knew about the jet's overall safety after another crash five months earlier.
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March 21, 2025
Crocs Defends News Release In Bid To Beat Defamation Suit
Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.
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March 21, 2025
Boutique Firm Accuses IRS Of Illegally Enforcing Payroll Tax
A consumer-protection boutique law firm accused the IRS of illegally enforcing payroll taxes while delaying the processing of pandemic-era employee retention tax credits, which the firm claimed would have helped with compliance, according to a complaint in Connecticut federal court.
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March 21, 2025
Fla. Whistleblower Suit Filed Over Deadly Theme Park Ride
A technician who worked at a Florida amusement park has filed a whistleblower lawsuit over trying to report the unsafe conditions on a ride that led to the death of a 14-year-old boy, alleging unlawful termination after refusing to falsify maintenance records at the behest of supervisors.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.