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Personal Injury & Medical Malpractice
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February 21, 2025
Arbitration Court Upholds Ex-Spanish Soccer Chief's 3-Year Ban
An international sports arbitration court on Friday dismissed the appeal of the suspension of disgraced former Spanish soccer president Luis Rubiales, who a day earlier was found guilty of sexual assault for kissing national team midfielder Jenni Hermoso on stage during the 2023 World Cup celebration ceremony.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Ga. Senate Passes Measure To Rein In 'Excessive Litigation'
The Georgia state Senate on Friday passed a bill intended to cut down on "excessive litigation" and its accompanying costs by imposing new limits on negligent security claims.
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February 21, 2025
Veolia Ends One Of Few Remaining Flint Water Suits For $53M
A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.
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February 21, 2025
Connecticut AG Tong Says Bomb Threat Targeted His Home
Connecticut Attorney General William M. Tong on Friday morning said his home in the southwestern corner of the state had been targeted by a bomb threat, and the investigation appears to be in the hands of federal law enforcement authorities.
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February 20, 2025
Fla. Jury Awards $1.2M In Botched Hysterectomy Suit
A Florida state court jury has awarded more than $1.2 million in damages to a man whose 78-year-old wife died following a robotic-assisted hysterectomy surgery, finding that a medical doctor and nurse were negligent in the woman's death from sepsis, a blood infection.
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February 20, 2025
Green Groups Ask 9th Circ. To Press EPA Again On Atrazine
Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."
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February 20, 2025
Walgreens Says Theft Dispute Ruling Is 'Texbook Bad Law'
An attorney for Walgreens told the Texas Supreme Court on Thursday that a lower appellate court's failure to dismiss a shopper's negligent hiring claim under the state's anti-SLAPP statute is " textbook bad law" because the court dismissed the underlying cause of action that the shopper's claim stems from.
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February 20, 2025
Nicolas Cage Sued Over Son's Alleged Assault Of Mother
Nicolas Cage has been accused of wrongly enabling his adult son's alleged assault of the latter's mother by not properly addressing his longstanding mental health issues, according to a lawsuit filed against the actor and his son in California state court.
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February 20, 2025
Ye Sanctioned Again, Ordered To Sit For Another Deposition
A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.
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February 20, 2025
Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row
A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
NY AG Sues 13 Vape Cos. Over Flavored Products
The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.
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February 20, 2025
Conn. Atty Seeks New Injunction Against Ex-Law Partner
Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.
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February 20, 2025
Split 4th Circ. Denies Asylum To Salvadoran Couple
The Fourth Circuit denied a Salvadoran couple's petition to overturn an immigration judge's order rejecting their asylum claim, saying they had not shown that the government of El Salvador was unwilling or unable to protect them from the MS-13 street gang.
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February 20, 2025
Ex-Spanish Soccer Chief Guilty, Fined For Sexual Assault
A Spanish judge on Thursday found former Spanish football president Luis Rubiales guilty of sexually assaulting national team midfielder Jenni Hermoso, coloring the forcible kiss he gave to Hermoso after the team's 2023 World Cup victory a "reprehensible act."
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Savannah Officials Rip 'Prejudice' From Attys' Press Briefing
Savannah, Georgia, officials have doubled down on their bid to sanction Claiborne Firm PC attorneys for allegedly mischaracterizing facts during a press conference related to the fatal police shooting of a Black man in 2022.
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February 19, 2025
Blake Lively Says Other Actresses Will Testify Against Baldoni
Blake Lively has bulked up her sexual harassment and retaliation lawsuit over the movie "It End With Us," saying two other female cast members were also uncomfortable with Justin Baldoni's behavior on set and are prepared to testify in the messy legal fight.
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February 19, 2025
Ga. Woman Implanted With Wrong Embryo Sues Fertility Clinic
A Georgia woman who learned that she gave birth to an unknown couple's baby when she saw that the newborn was Black is suing the fertility clinic she claims negligently and recklessly implanted the strangers' embryo, according to a suit filed in state court.
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February 19, 2025
Fla. Court Tosses Suit Against Hospital Over Patient's Death
A Florida appeals court ruled Wednesday that a trial court should have dismissed a suit seeking to hold a hospital liable for the death of a mental health patient, finding that the claims are not simple negligence but medical negligence, which require pre-suit requirements that were not met.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
Red Roof Inn Wants To Add Security Cos. To Trafficking Suits
Red Roof Inns Inc. wants a trio of security contractors to share any blame for alleged human trafficking at the hotels named in multiple lawsuits, reasoning Wednesday that where the plaintiffs said the hotels' lax security overlooked their abuse, the security contractors needed to be brought into the suits.
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February 19, 2025
Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit
Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.
Expert Analysis
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.