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Personal Injury & Medical Malpractice
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February 13, 2025
Ga. Sheriff Must Face $11M Excessive Force Suit, Judge Says
A Georgia federal judge on Thursday refused to dismiss a suit against a county sheriff accused of using excessive force against a man who says he was wrongly arrested for groping the lawman's wife, finding qualified immunity does not apply.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
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February 13, 2025
Fla. Court Won't Undo $13M Carbon Monoxide Death Verdict
A Florida appellate panel has upheld a jury's $13 million verdict in a suit that accused a machine rental company of failing to provide an auto repair shop owner with instructions for operating a floor resurfacer, which gave him carbon monoxide poisoning that led to his death.
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February 13, 2025
Long-Term Zantac Use Raised Cancer Risks, Jury Hears
Chronic ranitidine ingestion was a factor in the development of prostate cancer in two men who are retrying their claims over the active ingredient in Boehringer Ingelheim's over-the-counter Zantac medication, the University of South Carolina's chief urologist testified in Illinois on Thursday.
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February 13, 2025
Ex-VP's Defamation Suit Against Cardinals Sent To Arbitration
An Arizona federal judge has sent the defamation suit by a former Arizona Cardinals executive to an arbitration process overseen by the NFL, making a previous tentative ruling official after the two sides agreed to call off a scheduled Thursday hearing.
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February 13, 2025
Cruise Co.'s Bid To Force Spa Worker Into Arbitration Fails
A Florida federal judge denied Norwegian Cruise Line's bid to force a masseuse's negligence and unseaworthiness lawsuit into Bahamian arbitration, saying the company isn't a signatory to her underlying employment agreement and that it failed to establish an exception to send the case out of court.
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February 13, 2025
Insurers Say Adjuster Must Cover $66M Suit Over Boat Death
Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.
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February 13, 2025
'Life's Smaller' After Universal Ride Injury, LA Jury Hears
A woman testified in Los Angeles federal court Thursday that she suffers from debilitating back pain after falling from a "Harry Potter" ride at Universal Studios Hollywood, telling jurors she can no longer comfortably do household chores, travel or experience amusement park attractions with her grandson.
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February 13, 2025
Family Ties Could DQ Judge From Hawaii Wildfire Litigation
The federal judge overseeing a proposed class action brought against Maui County, Hawaii, departments by Lahaina residents whose homes were destroyed in a devastating August 2023 wildfire has indicated she is "inclined" to grant a recusal bid.
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February 13, 2025
Feds Seek 10 Years For Man Who 'Sucker-Punched' His Atty
Federal prosecutors want a man already serving a life sentence to get another 10 years added to his time in prison after he "sucker-punched" his defense attorney, arguing he was trying to delay his trial and needs to be seen as a deterrent to other defendants.
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February 13, 2025
Sandy Hook Families Seek To Enforce Alex Jones Judgment
Infowars founder Alex Jones should be forced to pay the judgment that Sandy Hook families won in their long-running defamation case, even though he lodged a "baseless" appeal with the Connecticut Supreme Court in an effort to create further delays, the plaintiffs said.
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February 13, 2025
Ex-Angels Staffer Says Attys Botched Skaggs Overdose Case
A former Los Angeles Angels press officer asked a Texas federal judge to undo the 22-year prison sentence he's currently serving after being convicted of giving pitcher Tyler Skaggs fentanyl-laced pills that caused his fatal overdose in 2019.
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February 13, 2025
Miami Judge Won't Move Suit Over I-95 Crash That Killed 4
A Miami judge ruled Thursday that she would not move a lawsuit over a multivehicle pileup that killed four people to Indian River County court, after finding that the trucking company and driver had failed to show that Miami is a substantially inconvenient forum for them.
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February 13, 2025
Robert F. Kennedy Jr. Confirmed, Sworn In As HHS Secretary
Robert F. Kennedy Jr. is officially the nation's top healthcare official.
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February 12, 2025
Social Media MDL Judge Rips Google, Snap Quick Appeal Bid
A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."
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February 12, 2025
Feds Cleared Of Intentional Intrusion Over Diddy's Jail Notes
Prosecutors did not intentionally invade Sean "Diddy" Combs' attorney-client privilege when they received photographs of his handwritten notes that were taken during a security sweep of the prison, a Manhattan federal judge ruled Wednesday, rejecting the music mogul's request for relief in his sex-trafficking case.
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February 12, 2025
CPS Energy On Hook For $60M After $109M Explosion Verdict
A San Antonio jury has awarded $109.5 million to a family whose house exploded due to CPS Energy's alleged negligent maintenance of the home's natural gas system, but the nine-figure verdict was reined in by a "high-low agreement" capping the utility's liability at $60 million, plaintiffs' counsel said.
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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.
Expert Analysis
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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.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.