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Personal Injury & Medical Malpractice
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March 04, 2025
Ga. Atty Suspended 6 Months For Sharing Client Information
A Georgia attorney received a six-month suspension from practicing law Tuesday from the Supreme Court of Georgia for his handling of a federal personal injury case, in which he was found to have disclosed client information and litigation strategy in a deliberate attempt to make defense counsel look disingenuous.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit
The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 03, 2025
Jay-Z Files Fresh Defamation Suit Against Buzbee In Ala.
Shawn "Jay-Z" Carter on Monday lodged malicious prosecution claims against attorney Tony Buzbee over a "false," "malicious" and "strategically and tactically calculated and timed" rape suit that has since been dropped, this time in Alabama federal court.
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March 03, 2025
Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case
The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.
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March 03, 2025
Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial
The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.
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March 03, 2025
Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K
A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.
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March 03, 2025
Wrongful Death Claims Go Ahead In Social Media MDL
A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.
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March 03, 2025
ICE Contractor Loses Immunity Bid In Family Separation Suit
A California federal judge Monday largely denied a U.S. Immigration and Customs Enforcement contractor's attempt to escape litigation that a father and son brought against the transportation company for its role in a policy that separated them and thousands of other immigrant families during the first Trump administration.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
Insurer Doesn't Owe Spine Surgery Suit Defense, Judge Says
An insurer has no duty to defend or indemnify an orthopedic treatment center or one of its surgeons in a suit over a botched spine surgery, a Georgia federal court ruled Monday, saying the policy bars coverage for claims reported to another insurer before its effective date.
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March 03, 2025
Insurer Seeks Exit After Doctor Rejects Mistaken Surgery Deal
An insurer for a doctor accused of performing the wrong surgery should no longer have a duty to indemnify him after his refusal to ink a settlement, the carrier told a California federal court, noting the doctor's underlying counsel already obtained settlement authority from the insurer.
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March 03, 2025
NYT Seeks To Ax Baldoni's 'It Ends With Us' Defamation Suit
The New York Times urged a New York federal court to toss defamation claims made by Justin Baldoni over the news organization's coverage of the "It Ends With Us" actor-director's legal battle with Blake Lively over the actress's sexual harassment complaints, saying it is legally protected reporting and opinion made without malice.
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March 03, 2025
Countertop Co. Demands Insurer Cover Over 100 Injury Suits
A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
NJ Law Firm Must Pay Fees To Rival Firm For 'Frivolous' Suit
Nagel Rice LLP must pay over $40,000 in attorney fees to Blume Forte Fried Zerres & Molinari stemming from a dispute over work related to a fatal school bus crash, a New Jersey judge has ruled.
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February 28, 2025
J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial
A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.
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February 28, 2025
Sterilization Plant Head 'Shocked' By EPA Cancer Risk Report
The former manager of a Colorado medical sterilization plant testified Friday that he was "shocked" by a 2018 Environmental Protection Agency report that identified the area around the facility as having an increased cancer risk, telling a jury that no regulatory agency until that point had informed him a sterilization chemical might be a risk to the community.
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February 28, 2025
Ex-USF Ballplayers In Uphill Battle For Sex Harassment Cert.
A California federal magistrate judge said Friday she is unlikely to certify a class of potentially hundreds of ex-University of San Francisco baseball players in a case alleging that former coaches created a sexually abusive environment, but agreed to hold her decision to review additional information on the claims.
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February 28, 2025
Ga. Can Cap Wrongful Death Damages, US Chamber Says
The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.
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February 28, 2025
Ex-Iranian Intel Official Accused Of Torture In Fla. Suit
A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.
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February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit
The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.