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Personal Injury & Medical Malpractice
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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.
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February 12, 2025
One Sotheby President, Wife Hit With Wrongful Death Suit
The president of One Sotheby's International Realty and his wife have been accused in Florida state court of being responsible for causing the death of a woman's adult son in a vehicle collision.
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February 12, 2025
Jurisdiction Dooms Federal Russell Simmons Sex Assault Suit
A Manhattan federal judge has dismissed a suit accusing music producer and Def Jam Recordings co-founder Russell Simmons of sexual assault, saying Simmons is now a permanent resident of Indonesia over whom the court has no jurisdiction, though the plaintiff plans to refile the claims in state court.
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February 12, 2025
Ga. Judge Trims Untimely Paragard IUD Claims From MDL
The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 12, 2025
2nd Circ. Upholds R. Kelly's Sex Abuse Conviction
The Second Circuit upheld R&B singer R. Kelly's convictions for racketeering and sex trafficking Wednesday, citing the strength of the evidence and rejecting his claims that four jurors were biased against him.
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February 12, 2025
Atty Says Ex-Partner Filed Bogus Police Report Over Router
Connecticut attorney Ryan McKeen made "material misrepresentations" when reporting his ex-law partner Andrew Garza to the police for entering their former firm's office early one morning to retrieve an internet router, Garza told a state court judge in a renewed bid for sanctions against McKeen.
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February 12, 2025
Ropes & Gray To Review Seton Hall Sex Abuse Investigation
Ropes & Gray LLP will lead a review of a 2019 investigation into sexual abuse allegations at Seton Hall University, which found that the university's recently appointed president knew of the allegations against former Archbishop Theodore McCarrick but did not report them properly, according to an announcement this week.
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February 12, 2025
Ex-Client Slams Buzbee's Sanctions Bid In Fraud Suit
A former client suing prominent Houston attorney Tony Buzbee for fraud has hit back against Buzbee's attempt to sanction him, claiming he's well within his rights to mention other instances in which Buzbee allegedly stole from clients.
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February 12, 2025
2nd Lyondell Leak Case Settles A Week Into Trial
A valve maker and eight workers at a LyondellBasell facility in La Porte, Texas, settled their claims roughly one week into a monthlong trial.
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February 11, 2025
Faulty 'Harry Potter' Ride Crushed Grandma's Spine, Jury Told
A woman known in her family as the "adventure grandma" was horribly injured at Universal Studios Hollywood on a "Harry Potter" ride, a California federal jury was told Tuesday during opening statements of a trial over allegations the ride's poor design and employee negligence resulted in her spine being crushed.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
SC Justices Question Receivership Orders In Asbestos Row
The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.
Expert Analysis
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.