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Personal Injury & Medical Malpractice
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January 07, 2025
J&J, Talc Suppliers, Insurers Spar Over $505M Sale Stay
The former talc suppliers of Johnson & Johnson said Tuesday that staying part of a settlement and a connected bankruptcy sale could bog down their efforts to secure plan confirmations and exit Chapter 11, urging a Delaware bankruptcy judge to reject a motion to set aside $50 million from the $505 million deal while it is being appealed.
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January 07, 2025
Insurer Seeks Exit From Engineering Co.'s $1M Settlement
An engineering company's insurer told a Texas federal court it needn't cover the company's $1 million payment to settle a man's personal injury claims, arguing the company failed to give proper notice after the underlying court had already entered an over $7.2 million default judgment that was ultimately vacated.
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January 07, 2025
Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns
Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court.
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January 07, 2025
Seton Hall COVID Isolation Death Suit Was Too Late, Judge Says
A New Jersey federal judge on Tuesday threw out a lawsuit brought by the parents of a Seton Hall University sophomore who died during a COVID-19 isolation period in 2021, ruling their claims are time-barred and they failed to show bad faith.
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January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now
Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
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January 07, 2025
Fla. Crash Victims Can't Get Insurer Payout In Revised Suits
A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.
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January 07, 2025
Ex-Knick, Ex-MSG Security Head Spar Over Deposition
Former New York Knicks player Charles Oakley and the former chief of security for Madison Square Garden have reached an "impasse" over a subpoena for the ex-chief's documents and deposition in a suit over Oakley's ejection from a February 2017 NBA game.
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January 07, 2025
Judge OKs Dig Into Yale, Fertility Doctor's Decade Of Files
A Connecticut state trial court judge will allow two women to dig through a decade of records spanning 1974 to 1984 to support their assertions that a Yale-connected fertility doctor used his own sperm to impregnate them in the mid-1980s.
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January 07, 2025
Ga. Court Backs Trial Judge's Atty Fees Award In Crash Case
The Georgia Court of Appeals has affirmed an award of $424,000 in additional attorney fees and costs in a car crash suit that ended in a $3 million verdict and $1.25 million in fees and costs, rejecting the plaintiff's argument that the trial court should have made a larger award but used the wrong legal standard.
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January 07, 2025
US Postal Service Faces 3rd Circ. Fight Over Philly Injury
A woman who slipped and fell inside a Philadelphia post office more than six years ago told the Third Circuit that a federal judge erred in dismissing her lawsuit as untimely, arguing in a brief Monday that the court ignored factual disputes over the postal service's delays and missteps in issuing an administrative denial of her claim.
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January 07, 2025
Fla. Judge Denies Attys' Recusal Bid In Malpractice Case
A Florida state judge has denied a request to recuse himself in a legal malpractice case by the victim of a car accident, rejecting the defense's argument that he should be disqualified because he oversaw the underlying matter.
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January 06, 2025
USAA Hits Mich. Clinics, Owners With Billing Fraud Claims
United Services Automobile Association has told a Michigan federal court that physical therapy providers worked together to defraud the insurer by soliciting car accident victims and then referring them for unnecessary medical care.
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January 06, 2025
'Golden Rule' Claim Doesn't Fly In $7M Med Mal Verdict Appeal
A Pennsylvania appeals court affirmed a $7 million verdict in a suit accusing healthcare providers of failing to diagnose a man's rectal cancer, rejecting Monday the notion that the plaintiffs' counsel improperly invoked the "Golden Rule" by asking the jury to address a systemic failure.
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January 06, 2025
Edelson Must Share Info In Tort Case, Colo. Judge Says
A Colorado state judge has ordered Edelson PC to provide information about advertising in a toxic tort case over ethylene oxide emissions from a medical sterilization facility in Lakewood, with a bellwether trial set for this month.
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January 06, 2025
Zurich Seeks Coverage Support In MetLife Building Injury Row
Zurich American Insurance Co. asked a New York federal court Monday to force another insurer to tap into its $3 million policy to cover the defense of Manhattan's MetLife Building against a suit filed by a worker who was injured at its loading dock.
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
Nicki Minaj Accused Of Slapping, Threatening Tour Manager
Nicki Minaj's former tour manager has filed an assault lawsuit in Los Angeles court alleging the rapper slapped him repeatedly and threatened his life backstage after a concert at Little Caesars Arena in Detroit last year.
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January 06, 2025
Judge Rejects Rape Kit Seller's 2nd Bid To Pause Wash. Ban
A Washington federal judge has denied a request for an injunction pending appeal by a company challenging the state's ban on the sale of "DIY" DNA collection kits for sexual assault survivors, reiterating his prior ruling that the law passes constitutional muster because it regulates conduct and not speech.
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January 06, 2025
Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune
Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.
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January 06, 2025
Indian Chemical Cos. Supplied Fentanyl Precursors, DOJ Says
New York federal prosecutors on Monday unveiled criminal charges against two India-based chemical companies and a senior executive for allegedly conspiring to supply and ship chemical building blocks that would later be made into fentanyl, a highly addictive and deadly synthetic opioid, to the United States and Mexico.
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January 06, 2025
7th Circ. Denies Polish Migrant's Removal Appeal Over DUI
A Seventh Circuit panel unanimously rejected a Polish national's attempt to change her immigration status to that of a permanent resident following a 2005 aggravated DUI conviction, saying the Immigration and Nationality Act strips it from reviewing such discretionary determinations.
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January 06, 2025
Fox Sports Host Offered $1.5M For Sex, Harassment Suit Says
A longtime hairstylist at Fox Sports is accusing the network of ignoring sexual harassment and a toxic workplace environment created by its executives and hosts, including an offer by TV host Skip Bayless of $1.5 million to have sex with her, according to a California state lawsuit.
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January 06, 2025
Convicted Atty Who 'Lost Everything' Fights To Keep License
A Philadelphia-based personal injury attorney who was convicted for not paying income tax on more than $8 million in revenue he earned and for failing to pay almost $60,000 in payroll taxes argued Monday he should not permanently lose his ability to practice law in New Jersey.
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January 06, 2025
Riddell Eyes Transfer Of Suit Over Allegedly Defective Helmet
Riddell Inc. is urging a Texas federal judge to transfer to a different part of the state a lawsuit alleging a defect in its helmets led to a life-altering injury for a high school student, arguing the Tyler Division is a "clearly more convenient" location.
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January 03, 2025
Boeing, DOJ Say No Agreement Yet For Revised 737 Max Plea
The Boeing Co. and the U.S. Department of Justice told a Texas federal judge Friday they have not yet reached an agreement on how to revise the aircraft manufacturer's plea agreement in the 737 Max criminal conspiracy case, after the judge last month rejected the initial deal.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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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.