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Personal Injury & Medical Malpractice
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February 27, 2025
Abbott Beats Ill. Customers' Similac Metals Suit
Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.
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February 27, 2025
Concrete Co. Admits Safety Gaffe Linked To Worker's Death
A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.
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February 27, 2025
Georgia's Outside Funding Regulations Clear State Senate
The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.
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February 27, 2025
USAA, Mich. Clinics Resolve Billing Fraud Row
United Services Automobile Association said Wednesday that it has resolved its claims against physical therapy providers the insurer alleges solicited car crash victims to refer and bill them for unnecessary medical care.
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February 27, 2025
Judge Won't Force Victim's Atty's Reports In Sex Assault Case
A Florida state judge on Thursday denied a request by three men, including a real estate broker, facing sexual assault charges to force discovery of reports by the victim's attorney at Morgan & Morgan PA.
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February 27, 2025
Conn. Firm Windup Fight Belongs In Arbitration, Court Told
Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.
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February 27, 2025
Texas Atty Seeks Woman's Employment Docs In Sex Tape Case
A Houston attorney accused of filming a sexual encounter with a woman and sharing it without her consent has asked a Texas state court for permission to subpoena the woman's employment records to help him defend against her suit.
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February 27, 2025
Jones Day Gets OK For $52M In NY Diocese Ch. 11 Fees
A New York bankruptcy judge Thursday gave final approval to Jones Day's request for nearly $52 million in compensation for shepherding Long Island's Roman Catholic diocese through its Chapter 11 case, overruling arguments it spent too much time objecting to claims.
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February 26, 2025
Calif. Judge Murdered His Wife, DA Tells Jury As Trial Wraps
California state court judge Jeffrey Ferguson intentionally killed his wife by drunkenly shooting her to death in their home after a heated argument, prosecutors told jurors during closing arguments Wednesday, while Ferguson's attorney argued that the gun accidentally discharged as the judge tried to set it on a table.
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February 26, 2025
Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit
Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.
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February 26, 2025
Walmart Injury Suit Wrongly Axed For Fraud, Panel Says
A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.
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February 26, 2025
Colo. Panel Presses Plaintiff On Apparent Litigation Flip-Flop
A Colorado state appeals court judge asked a personal injury plaintiff on Wednesday how he can argue that a telecommunications company isn't a landowner under a recreational statute when he seemingly made the opposite argument earlier in the litigation.
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February 26, 2025
Auto Insurer Freed From Covering Gunshot Injury Litigation
An auto insurer doesn't have to cover a driver whose passenger was shot, court papers allege, by a neighbor who was incensed by what he perceived to be reckless driving, a Florida federal judge ruled.
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February 26, 2025
Judge Sends Fox Sports Harassment Suit Back To State Court
A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.
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February 26, 2025
Karen Read Has Already Lost Double Jeopardy Bid, Court Told
Karen Read, the Massachusetts woman charged with running down her Boston police officer boyfriend, is not entitled to federal review of a state high court ruling rejecting her double jeopardy claim, prosecutors said in a Wednesday filing.
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February 26, 2025
Insurer Gets Early Win In Oil Well Explosion Coverage Suit
An insurer has no duty to cover two oil drilling companies and others in a worker's injury suit over a June 2022 oil well explosion, a Kentucky federal court ruled Wednesday, declaring the at-issue policy void due to material misrepresentations in the insurance application process.
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February 26, 2025
Trucking Cos. Can't Be Hauled Into Fla. Court Over Ga. Crash
A Florida appeals court ruled Wednesday that a trucker and two companies that employed him don't have to face a wrongful death suit in the state over a deadly crash that occurred 10 miles north of the Florida-Georgia line.
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February 26, 2025
BIA Liable For Officer's Assault Of Northern Cheyenne Woman
The Bureau of Indian Affairs is liable for a former officer's sexual assault of a Northern Cheyenne woman, a Montana federal district court judge determined, while ordering the federal agency to pay $1.6 million in damages after finding it did not investigate reports of the abuse.
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February 26, 2025
Texas Judge Tosses Law Firm's Claims Of Unfair Competition
A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 25, 2025
YouTube, TikTok Evade Deadly 'Challenge' Video Suit, For Now
A California magistrate judge has dismissed, for now, parents' product liability proposed class action alleging YouTube's and TikTok's reporting features are defectively designed since they did not result in the removal of deadly "choking challenge" videos, finding the suit does not clearly identify the product in question or its alleged design defect.
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February 25, 2025
Aircraft Parts Maker Hit With Class Claims Over Explosion
Philadelphia-area aerospace parts manufacturer SPS Technologies LLC has been hit with a class action over an explosion that resulted in a dayslong blaze at its Abington, Pennsylvania, facility that caused school and business closures as well as evacuations.
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February 25, 2025
Sterilization Co. Can't Pin Cancer On Genetics, Jury Told
A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.
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February 25, 2025
Karen Read Attys Say Expert Bill Came 'Out Of The Blue'
Lawyers for Karen Read, the Massachusetts woman accused of running down her Boston police officer boyfriend three years ago, pushed back Tuesday on accusations by the prosecution that they intentionally misled a jury about their connection to two expert witnesses.
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February 25, 2025
NJ Court Revives Suit Over Fatal Parkway Crash
A New Jersey appeals court on Tuesday reinstated a suit against the New Jersey Turnpike Authority alleging it failed to properly maintain a section of the Garden State Parkway that allegedly caused two motorists' deaths, saying the trial court failed to properly analyze whether governmental immunity applies.
Expert Analysis
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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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.