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Personal Injury & Medical Malpractice
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March 10, 2025
Sig Sauer To Appeal $2.3M Accidental Fire Verdict
Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.
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March 10, 2025
Insurer May Be Liable For Coverage Of School Abuse Suits
A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.
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March 10, 2025
High Court Will Review Colo.'s Conversion Therapy Ban
The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.
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March 10, 2025
Judge Who Shot Wife Gets Mistrial As Jury Hangs On Murder
A California judge declared a mistrial Monday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson, who shot and killed his wife in their Anaheim Hills home in 2023, after jurors said they remained at an impasse over whether he was guilty of second-degree murder.
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March 10, 2025
Ex-Magellan CEO Pleads Guilty Over Faulty Lead Tests
The former CEO of Magellan Diagnostics Inc. admitted Monday to selling faulty devices that tested blood lead levels, the final of three defendants to plead guilty ahead of a jury trial scheduled for April.
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March 10, 2025
Justices To Weigh If Del. Expert Law Applies In Federal Court
The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.
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March 07, 2025
9th Circ. Open To Reviving Monsanto Expiration Label Fight
A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.
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March 07, 2025
Starbucks Liable For Hot Drink Spill On Driver
A unanimous California state jury has found Starbucks was negligent in the case of a driver who had scalding water spill in his lap, sending the case to a damages phase.
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March 07, 2025
Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights
The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.
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March 07, 2025
Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims
A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.
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March 07, 2025
Boeing Investors Certified As Class In 737 Blowout Suit
A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.
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March 07, 2025
Mich. Justices Ax Bid To Sue Pizza Delivery Driver's Employer
The Michigan Supreme Court on Friday dismissed an appeal from a woman who argued her settlement with a Jet's Pizza delivery driver who rear-ended her did not bar vicarious liability claims against his employer, while a dissenting justice called on the court to rethink the "counterintuitive" rule that prohibited her claims.
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March 07, 2025
False Policy Info Tanks Property Owner's Coverage Suit
A New York federal judge ruled that an insurer doesn't have to cover a property owner and manager embroiled in a dispute with Vrbo tenants who fell through the balcony of a South Carolina condo, because the owner lied to the carrier and said it didn't offer short-term rentals.
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March 07, 2025
'Exhausted' Jury To Deliberate 3rd Week In Judge Murder Trial
A California state jury was told to come back Monday for a third calendar week of deliberations over whether Orange County Superior Court Judge Jeffrey Ferguson intentionally shot his wife in 2023, after reporting that they were "exhausted" but had "further movement" toward a verdict.
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March 07, 2025
WWE Can't Take 'Red Pencil' To Assault Suit, Ex-Staffer Says
A former staffer accusing World Wrestling Entertainment Inc. and two of its former executives, including former CEO Vince McMahon, of assault and sex trafficking defended her bid to add more detail to her complaint, arguing Friday that her ex-employers seek to "take a red pencil" to unflattering truths.
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March 07, 2025
Ga. Court Urged To Weigh Genealogy Of Wife Killed By Ex-Atty
The administrator of the estate of a woman killed by a former BigLaw attorney is urging a Georgia state court to reject the woman's godson's assertion that her cousins aren't her relatives, arguing that a genealogy report proves they are her family in the dispute over the proceeds from a wrongful-death suit settlement.
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March 06, 2025
Diddy Threatened Employees, Feds Say In New Indictment
Manhattan federal prosecutors on Thursday filed a new indictment in the sex trafficking and racketeering case against Sean "Diddy" Combs, revealing new details about the hip-hop mogul's alleged practices of forcing his employees to work long hours, while subjecting them to physical and psychological harm.
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March 06, 2025
Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms
A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."
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March 06, 2025
CAA, Disney Not Enmeshed In Weinstein Claim, NY Court Told
Creative Artists Agency, Disney and a Miramax entity told a New York appeals court Thursday that actress Julia Ormond's case against them over an alleged Harvey Weinstein assault should have been dismissed, with former U.S. Attorney General Loretta Lynch arguing for the talent agency that the complaint doesn't lay out a tort.
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March 06, 2025
Pfizer Failed To Warn Of Depo-Provera's Tumor Risk, Suit Says
A woman who claims she developed a brain tumor after years of taking the contraceptive Depo-Provera is suing Pfizer and other pharmaceutical companies who manufacture the drug, claiming in Washington federal court they failed to tell patients of the danger even though it is standard on warning labels in Europe and Canada.
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March 06, 2025
Insurers Seek Toss Of Meta's Social Media MDL Coverage Suit
A group of insurers urged a California federal court to either toss or stay Meta's suit seeking to pause all coverage litigation regarding underlying claims that the company deliberately designed its platforms to be addictive to adolescents, saying the first-to-file rule applies to the carriers' Delaware state court suit.
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March 06, 2025
Texas Court Orders 400-Mile Transfer For Discrimination Suit
A Texas appeals court has granted a Fort Worth-based energy company's request to have a former employee's lawsuit accusing it of discrimination and libel transferred hundreds of miles from Hidalgo County to Tarrant County, where it is located.
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March 06, 2025
Vail Corp. Reaches Midtrial Deal In Wash. Ski Resort Fall Suit
Vail Corp. has reached a settlement to end a woman's lawsuit over a 20-foot fall from a chairlift platform at a Washington ski resort, the parties told a Washington federal judge on Thursday, a few days into a trial that was expected to last more than a week.
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March 06, 2025
Reddy Ice Must Cover Walmart's Slip-And-Fall Settlement​​​​​​​
Bagged ice seller Reddy Ice Corp. must indemnify Walmart Inc. for the retailer's settlement of a woman's slip-and-fall lawsuit, an Arkansas federal court ruled Thursday, noting it is "undisputed" that the woman fell because of water originating from a faulty freezer display owned by Reddy Ice.
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March 06, 2025
Mich. Supreme Court Preview: Sex Offender Tracking, Rentals
The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.