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Personal Injury & Medical Malpractice
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March 31, 2025
Law Firm's Blog Post Unwinds $43M Ill. Injury Retrial Verdict
An Illinois appellate court wiped out a couple's $43 million jury verdict and ordered a third trial in their injury case Monday, saying the trial judge should have done a better job probing their attorney's highly improper blog and social media posts.
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March 31, 2025
Voting Exec Says Defamation Suit Not Fit For Colo. High Court
A former Dominion Voting executive urged Colorado's justices not to hear appeals from a conservative broadcaster and radio host in his defamation suit, saying the defendants haven't made any new dismissal arguments and that "this case is not the case" for the high court to resolve disagreements about state anti-SLAPP law.
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March 31, 2025
J&J Talc Spinoff's Ch. 11 Case Gets Tossed, Erasing $9B Deal
A Texas bankruptcy judge rejected Johnson & Johnson's third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer, dismissing J&J unit Red River Talc's Chapter 11 case on Monday and throwing out a roughly $9 billion bankruptcy deal over issues with the company's voting procedures and third-party releases.
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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Diddy Accuser's Suit Tossed After Anonymity Bid Denied
A New York federal judge on Monday dismissed a woman's lawsuit accusing Sean "Diddy" Combs of violently assaulting and raping her at a party in New York City, noting that the woman didn't sue using her real name despite a court order requiring that she do so.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
'Unprofessional' Pro Se Atty Can't Get 2nd Extortion Trial
A medical malpractice attorney was denied a new trial by a Maryland federal judge who said prosecutors presented sufficient evidence that he tried to extort $25 million from the University of Maryland Medical System, and called out the lawyer for "inappropriate, unprofessional, and unbecoming" behavior while representing himself at trial.
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March 31, 2025
Town Must Pay $7.7M To Murder Exoneree With Added Interest
A Connecticut murder exoneree is entitled to nearly $2 million in interest payments on top of a $5.7 million jury verdict against the estate of a deceased town of New Milford police officer, a federal judge has ruled.
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Cuomo Defeats Suit Over NY Nursing Home COVID-19 Deaths
A New York federal judge threw out on Monday a proposed class action blaming former Gov. Andrew Cuomo and other Empire State officials for COVID-19 deaths in nursing homes, saying the claims are legally deficient and "the court's sympathy for plaintiffs and their loved ones simply cannot supplant governing law."
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March 31, 2025
Morgan & Morgan Taps Fla. Atty To Lead Malpractice Dept.
Injury law giant Morgan & Morgan PA has found a new leader for its national medical malpractice department in the founding partner of a small Florida firm, Paul Knopf Bigger.
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March 31, 2025
Del. Court Says Mattel Sleeper Claims Are One Occurrence
Injury claims against toy-makers Mattel and subsidiary Fisher Price over their Rock n' Play Sleeper products constitute a single occurrence under Mattel's various commercial general liability policies, a Delaware state court ruled, though further finding that individual alleged injuries must still fall under different policy years.
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March 31, 2025
Feds Seek 10 Years For Ex-Girardi CFO's 'Brazen' Crimes
Los Angeles federal prosecutors said Girardi Keese's former head of accounting should spend 10 years in prison after pleading guilty to assisting Tom Girardi in siphoning clients' settlement funds and what the government called a "brazen" side fraud to steal from the firm's operating accounts.
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March 31, 2025
Progressive Says Motorcycles Aren't 'Autos' For Crash Claims
Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.
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March 31, 2025
Boston Bomber Judge Won't Recuse From Juror Bias Inquiry
A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels
Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.
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March 28, 2025
Purdue Lawsuit Injunction Extended Ahead Of Plan Hearings
Bankrupt drugmaker Purdue Pharma LP received a further extension of a bar on litigation against the company and its owners in the Sackler family as the debtor pursues a late May approval of a disclosure statement describing a Chapter 11 plan premised on a $7.4 billion settlement of opioid claims.
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March 28, 2025
Water Park Injury Award Coverage Capped At $1M, Court Told
An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.
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March 28, 2025
AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits
An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.
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March 28, 2025
Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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March 30, 2025
Safari Co. Seeks Arbitration In Hippo Attack Death Suit
A Connecticut-based tour operator says a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during an African safari belongs in arbitration, promising to contest claims by the woman's husband and estate.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.