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Personal Injury & Medical Malpractice
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November 27, 2024
Fla. Atty Vows To Fight Litigation Funder's Law Firm Stock Win
A Florida attorney is planning to challenge a state appellate decision issued Wednesday that he must turn over stock interest in his law firms to a litigation finance company to help cover tobacco settlement funds, saying that ruling must be vacated in light of a recent Texas appellate decision that invalidated an underlying judgment.
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November 27, 2024
Data Cos. Lose Challenge To NJ Judicial Privacy Law
A federal judge ruled Wednesday that New Jersey's judicial privacy and security measure Daniel's Law is constitutional, handing a defeat to a large group of data brokers accused of illegally posting judges' names and addresses online.
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November 27, 2024
Howard Hughes Corp. Beats Hurricane Harvey Flood Suit
A Texas state appellate court has sided with Howard Hughes Corp. and an engineering company in an appeal brought by homeowners who claimed the companies were liable for property damage caused by Hurricane Harvey in August 2017.
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November 27, 2024
No Coverage For Drywall Co. In Murder Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a drywall company accused of negligently hiring a man who murdered a house cleaner in a home he was working on in Galveston County, telling a Texas federal court that several policy exclusions preclude coverage.
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November 27, 2024
Lawmakers Ask DOD To Ground Ospreys For Safety Probe
Three Democratic lawmakers from Massachusetts wrote to Secretary of Defense Lloyd J. Austin asking him to ground V-22 Osprey aircraft so a series of safety and design issues, which have led to fatal crashes, can be investigated and addressed.
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November 27, 2024
Rikers Faces Federal Takeover As NYC Held In Contempt
A Manhattan federal judge on Wednesday found New York City and its corrections department in civil contempt for failing to fix the "unconstitutional danger" for inmates at Rikers Island, indicating a receivership is the solution.
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November 26, 2024
Prosecutors Want Full Karen Read Media Interviews
Massachusetts prosecutors set to retry Karen Read over the death of her police officer boyfriend asked a judge Tuesday to order the handover of a Boston Magazine reporter's full records of interviews with Read, calling them "some of the most crucial, damning evidence in this case."
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November 26, 2024
Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict
A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 26, 2024
BP Spill Worker Loses Bid For Full 5th Circ. Review Of Suit
The full Fifth Circuit won't review a case filed by a Deepwater Horizon oil spill cleanup worker claiming that he was left with a chronic health condition after working on the job.
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November 26, 2024
FIFA Must Face Puerto Rico Antitrust Claims, But Not Fraud
FIFA, its Puerto Rican affiliate and a regional soccer association all must face claims that they tried to block soccer rivals in Puerto Rico, after an island federal judge held that FIFA, like its co-defendants, can only nix fraud claims but not antitrust allegations.
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November 26, 2024
Amazon Not Liable For Chemical Used In Suicides, Panel Says
A Washington state appeals court on Monday said Amazon can't be sued for the online sale of a chemical that four people used to kill themselves, in an opinion that said the state's product liability law has not caught up with the "previously unfathomable accessibility to instrumentalities of death."
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November 26, 2024
Tossing Uri Consumers' Claims Stifles 'Growth,' Justice Says
A Texas appellate court justice said Tuesday that a decision by the court finding that power plants owed nothing to consumers for damages resulting from outages during Winter Storm Uri stifles "growth" in common law, dissenting from his colleagues who denied a motion for the whole court to rehear the case.
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November 26, 2024
Delta's Preemption Stance Flops In Seattle Jet Pollution Suit
A Washington federal judge has declined Delta and Alaska Airlines' bid to dismiss a proposed class action filed by neighbors of Seattle's primary airport over alleged flight-path pollution, saying it's too early to tell whether the claims will be preempted by federal regulations governing air travel or plane emissions.
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November 26, 2024
Beasley Allen Escapes Sanctions For J&J Deposition No Show
A Texas bankruptcy judge on Tuesday laid ground rules for documents and communications to be shared in a messy discovery phase of the Chapter 11 of Red River Talc, Johnson & Johnson's latest liability spinoff, while also saying he wouldn't sanction a Beasley Allen attorney who didn't appear at a deposition last week.
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November 26, 2024
4th Circ. Won't Rehear Soldier's Loss In Suit Against Fluor
The Fourth Circuit on Tuesday declined to rehear, or rehear en banc, a split panel decision from October in a former Army specialist's suit against defense contractor Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan.
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November 26, 2024
Pa. Let Out Of Suit Concerning Child's Abuse, Death
The state of Pennsylvania has been let out of a federal lawsuit in which schools and local child-welfare agencies are accused of allowing a 12-year-old girl to be fatally abused by her father and stepmother, with the girl's estate telling the court that Pennsylvania has not responded to the lawsuit.
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November 26, 2024
Best Buy Must Face Suit Over Deliveryman Sex Assault
A New York state appeals court on Tuesday reinstated a suit seeking to hold Best Buy liable for a delivery worker's sexual assault of a customer, saying the dismissal was improperly based on the testimony of a manager who was hired seven years after the incident occurred.
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November 26, 2024
DraftKings Engineer Says Leave Request Led To Firing
A former DraftKings engineer alleges the sports betting company fired him after he requested parental leave despite positive reviews, violating the Family and Medical Leave Act, according to a lawsuit removed to Massachusetts federal court.
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November 26, 2024
Lawmaker-Turned-Judge Right Not To Recuse, Panel Says
A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
Ex-Worker Sues Steakhouse After Alleged Assault By Manager
STK Atlanta, a New York-based steakhouse chain, has been sued in Georgia federal court by a Georgia resident who alleges she was sexually assaulted by a manager while working for the restaurant in 2022, harassed by coworkers about the assault and then fired after she reported the harassment.
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November 26, 2024
Adult Day Care Tries To Duck Suit Over Autistic Man's Death
An adult day care center urged a Florida court on Monday to dismiss a lawsuit over the death of an autistic man who was left alone in a hot transport van for hours, arguing that the man's sister does not qualify as his survivor for a wrongful death claim.
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November 25, 2024
Judge Eyes Dec. Hearing To Sort Out Onion's Bid For Infowars
A Texas judge asked the Chapter 7 trustee in right-wing fabulist Alex Jones' bankruptcy to preserve the status quo until a sale hearing sometime in December that will determine whether the parent company of satirical news publisher The Onion was correctly chosen as the winning bidder in the auction for Jones' Infowars program.
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November 25, 2024
Ye Accused Of Sexually Assaulting 'Top Model' Contestant
A model who appeared as a contestant on "America's Next Top Model" sued Universal Music Group Inc. and Ye in New York federal court on Friday, alleging the rapper choked and sexually assaulted her during a music video shoot at the Chelsea Hotel in 2010.
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
Expert Analysis
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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.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.