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Personal Injury & Medical Malpractice
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April 08, 2025
Northwestern Players Approaching Settlement In Hazing Suits
A group of Northwestern University football players have reached a provisional settlement with the school over accusations related to alleged hazing that took place within the program over a period of time.
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April 08, 2025
Texas Court Upholds Jurisdiction Over Some Asbestos Claims
A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.
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April 08, 2025
Wash. Smoke Shop Settles Exploding Vape Battery Suit
An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.
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April 08, 2025
Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says
An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.
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April 07, 2025
Judge Who Shot Wife Warned Against Retrial 'Press Tour'
The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case.
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April 07, 2025
Birth Control Companies Escape Conn. Long-Arm Injury Suits
Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.
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April 07, 2025
NaphCare Hit With $25M Jury Verdict After Ex-Inmate Lost Leg
A Seattle federal jury has determined NaphCare owes $25 million to a man who claimed his leg had to be partially amputated because the correctional healthcare provider failed to address signs of his declining health after he suffered blood clots while behind bars at a Washington county jail.
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April 07, 2025
WHO Cancer Report May Spark Gasoline Toxic Torts
A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.
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April 07, 2025
Insurer Settles Ga. Motel Shooting Coverage Suit
StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.
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April 07, 2025
Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit
Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.
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April 07, 2025
Judge Ends Mercedes Wheel Suit, 'Wondering' What Defect Is
Mercedes-Benz USA LLC defeated a putative class action Monday claiming the company used defective wheels that caused customer tire blowouts, as a Georgia federal judge said the "shapelessness" of the suit left him "wondering what defect is even being alleged."
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
Twins' Doctor Ducks Penalty In Baseball Player's Death Suit
A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict
An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
WilmerHale Welcomes Back Ex-Mass. Criminal Chief
WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.
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April 07, 2025
Fla. Prosecutor Accused Of Hiding Exculpatory Evidence
Defense attorneys representing three men, including former high-profile luxury real estate brokers, want a Florida court to sanction the prosecutor on the case for allegedly failing to produce evidence that would clear them of the sexual assault charges they are facing.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
U. Of Oregon Must Face Bias Action From Female Athletes
A suit accusing the University of Oregon of "glaring" inequalities in facilities, finances and resources between male and female athletes and teams will go forward, an Oregon federal judge ruled in denying the school's bid to dismiss the suit.
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April 07, 2025
Wigdor Seeks Exit In Leon Black Case Amid Sanctions Threat
Wigdor LLP sought to withdraw from a sexual assault case against ex-Apollo Global Management CEO Leon Black in New York federal court as the billionaire investor seeks sanctions against the firm and its Jane Doe client.
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April 07, 2025
Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid
The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 07, 2025
Boeing Again Settles Ethiopian 737 Max Cases On Eve Of Trial
Boeing has agreed to settle two wrongful death cases over the Ethiopian Airlines 737 Max crash just before a damages trial was scheduled to start in Chicago federal court on Monday.
Expert Analysis
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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.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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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.