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Personal Injury & Medical Malpractice
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February 05, 2025
Penn Hospital Says $200M Judgment Imperils Local Care
The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.
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February 05, 2025
Judge Nixes Jones' Ch. 7 Deal With Sandy Hook Families
A deal proposed by the Chapter 7 trustee in the bankruptcy case of right-wing conspiracy peddler Alex Jones that would have resolved the nearly $1.5 billion in claims held by the families of Sandy Hook school shooting victims failed to gain court approval Wednesday when a Texas judge said he couldn't grant the requested relief.
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February 05, 2025
Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims
Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.
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February 05, 2025
Philly Archdiocese Freed From Abuse Suit In New Jersey
New Jersey's highest court has held the Archdiocese of Philadelphia is not subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, ruling there was no evidence the ex-priest was assigned to take the teen on a trip to New Jersey or that the archdiocese was even aware of the trip.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
Girardi Keese Trustee Sues NY Atty Who Funded Girardi
The bankruptcy trustee for disgraced California attorney Tom Girardi's defunct law firm is suing to prevent New York attorney Joseph DiNardo from discharging $7.5 million in his own bankruptcy, claiming DiNardo received the money by helping Girardi defraud his own clients.
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February 05, 2025
Calif. Panel Revives Malpractice Suit Against Insurer Attys
A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.
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February 05, 2025
Meta Can't Ask Mass. AG To Dig Up Docs From State Agencies
The Massachusetts Attorney General's Office is not obligated to search for and turn over documents held by other state agencies that Meta Platforms is seeking in the state's lawsuit alleging Instagram is harming children and teens, a judge ordered.
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February 04, 2025
Russian Bank Can't Ditch Jet Crash Suit, 2nd Circ. Agrees
The Second Circuit on Tuesday agreed with a lower court's finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument that it's entitled to sovereign immunity.
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February 04, 2025
Walmart's Win In Fatal Shooting Suit Backed By Calif. Court
A California state appellate court on Tuesday upheld a defense verdict for Walmart in a suit accusing the retailer of negligently storing handgun ammunition that purportedly allowed a man to steal several boxes and go on a crime spree, killing two people.
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February 04, 2025
Meta Can't Be Sued For Church Mass Shooting, 4th Circ. Says
The Fourth Circuit ruled Tuesday that Meta can't be held liable for allegedly aiding in the radicalization of the shooter who killed nine people at a South Carolina church in 2015, saying a federal law granting immunity to third-party internet content providers applies to the claims.
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February 04, 2025
'Every Breath' A 'Struggle' For Lyondell Leak Worker, Jury Told
A lung specialist told a Houston jury Tuesday that he would be "surprised" if the only surviving repairman who worked on a leak at a Texas LyondellBasell plant lived longer than 15 years without major medical intervention due to his chemical exposure four years ago.
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February 04, 2025
Ill. Panel Upholds Barge Worker's $3.3M Jury Award
An Illinois state appeals court on Tuesday affirmed a $3.31 million jury award and a directed verdict in favor of a man who was severely injured while working on a barge crew, saying it was an appropriate sanction for the defendant's attorney revealing the substance of trial testimony to a witness.
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February 04, 2025
Carcinogenic Risk Unknown When BI Owned Zantac, Jury Hears
Boehringer Ingelheim didn't test whether the active ingredient in its over-the-counter Zantac was degrading into a carcinogenic compound because those risks weren't known when the company owned the drug, Illinois jurors heard Tuesday.
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February 04, 2025
Trump Trans Care Order Usurps Congress' Power, Suit Says
The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.
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February 04, 2025
Norfolk Southern Hit With 'Toxic Nightmare' Derailment Suit
Hundreds of Ohio and Pennsylvania residents affected by the fallout of the Feb. 3, 2023, Norfolk Southern train derailment have accused the rail company, government agencies and several businesses of downplaying the ongoing harm of the incident, marking one of the latest lawsuits filed on or near the two-year milestone.
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February 04, 2025
11th Circ. Urged To Adopt 'Consensus' On Officers' Immunity
A Georgia woman who was subjected to a strip and cavity search while visiting her husband in prison urged the full Eleventh Circuit on Tuesday to build on its prior ruling that her rights had been violated and to sweep away the prison officials' defenses of qualified immunity.
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February 04, 2025
Funeral Home BIPA Violations Not Covered, Insurer Says
An insurer told an Illinois federal court to dismiss a suit seeking $10 million in coverage for underlying litigation from a funeral home it insured, arguing that claims in a proposed class action by family members of decedents against the facility were all for noncovered biometric privacy violations.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
Trial Atty, Ex-Rep. Sister And Son Trio Start San Diego PI Firm
A longtime San Diego trial attorney is teaming up with his son and his sister, a former California congresswoman, to start a new law firm focused on personal injury, business and mass tort law, the firm said Monday.
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February 04, 2025
Pauly Shore's Bid To End Comedy Store Assault Suit Flops
A California state judge on Tuesday rejected actor and comedian Pauly Shore's early bid to toss a lawsuit accusing him of directing bouncers at his famed club, The Comedy Store, to violently grab and assault a patron in 2022.
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February 04, 2025
Conn. Atty Sues Client, Lawyer Over State Farm Settlement
A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.
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February 04, 2025
Doctors Org. Sues Over Health Agency Website Purges
An advocacy organization representing physicians sued the U.S. Office of Personnel Management in D.C. federal court Tuesday after it directed federal agencies to root out references to "gender ideology" on their websites — a move the physicians claim deprives doctors and researchers of needed information.
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.