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Personal Injury & Medical Malpractice
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Attorney In 'Tears' Admitted To Malpractice, Pa. Suit Claims
A former attorney at Rubin Glickman Steinberg & Gifford was in "tears" when he allegedly admitted to legal malpractice by waiting too long on a Pennsylvania woman's medical malpractice case, the former client claimed in a lawsuit filed against the lawyer and the law firm in state court.
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July 03, 2024
24 AGs Urge High Court To Preserve Ghost Gun Regs
A coalition of 24 attorneys general urged the U.S. Supreme Court to uphold a new federal regulation regarding the weapon parts kits consumers can purchase and use to build ghost guns — firearms without serial numbers — treating them the same way preassembled firearms are, saying the new rule is "crucial to preventing and solving violent, firearm-related offenses."
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July 03, 2024
Fla. Court Nixes $5.5M Award In Patient Stroke Suit
A Florida state appellate panel on Wednesday vacated a $5.5 million award in a suit accusing a cardiologist of causing a woman's incapacitating stroke due to alleged medical malpractice, saying the doctor was unfairly denied the opportunity to blame a nonparty surgeon.
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July 03, 2024
Ind. Panel OKs Coverage For Taiwanese Chemical Co. Owners
An Indiana appeals court ruled that a Taiwanese company's owners were additional insureds and that an insurer could not stack various policies' deductibles and retentions to reduce the coverage it owed for defense costs of a chemical exposure class action.
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July 03, 2024
Panel Says Settlement Evidence Was 'Harmless' In Injury Case
The Georgia Court of Appeals on Tuesday said a trial court was right to let a hospital tell jurors about a surgeon's settlement with a man who sued over postsurgery complications, saying it is "highly probable" that the evidence didn't contribute to a jury verdict in the hospital's favor.
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July 03, 2024
Publix Owes Woman $4.2M In Slip-And-Fall Suit, Jury Finds
A Florida jury has awarded a woman more than $4.2 million in damages for injuries she sustained while shopping at a Publix supermarket, finding after a trial in state court that the company was negligent for causing her health problems after she slipped and fell on water in the store's produce department.
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July 03, 2024
Monsanto Ducks Roundup Case As Philly Plaintiff Withdraws
A plaintiff in the Philadelphia Roundup weedkiller mass tort has voluntarily discontinued her case against Monsanto after a city judge granted summary judgment on all but one claim, letting the Bayer AG unit off the hook in the suit, at least temporarily, about a week before it was slated to go before a jury.
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July 03, 2024
Doctor Who Won $12M Assault Case Can't Revive USC Claims
A female doctor who won a $12 million verdict against a male colleague over a sexual assault at a Los Angeles County hospital affiliated with USC's Keck School of Medicine can't revive sexual harassment claims against the university and the county, a California appellate court held.
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July 03, 2024
Ohio Ambulance Co. Keeps Win In Air Horn Injury Suit
An Ohio state appeals panel has affirmed a jury verdict in favor of Emergency Medical Transport Inc. in a suit by a woman who alleges her hearing was damaged by an air horn on one of its ambulances, saying a dispute over whether EMT's own ambulance indeed caused the injury was what ultimately blocked the jury instruction she wanted.
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July 03, 2024
Baldwin Says 1993 Movie Set Death Irrelevant To 'Rust' Case
With his trial scheduled to begin next week, Alec Baldwin's legal team and New Mexico state prosecutors are wrangling over whether jurors in the "Rust" shooting case should hear that the actor knew the dangers of using real guns on film sets, in part due to the well-known on-set shooting death of actor Brandon Lee in 1993.
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July 03, 2024
Cyclist's Widow Settles With Atty Who Caused Fatal Crash
A bicyclist's widow has reached a settlement with the attorney whose car fatally crashed into her husband, just a few weeks after a Colorado federal judge allowed her to revise her lawsuit to include punitive damages under state law.
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July 02, 2024
4th Circ. Nixes Black Lung Benefits For American Energy Miner
The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.
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July 02, 2024
Ga. Justices Say COVID Order Tolls Med Mal Repose Statute
The Georgia Supreme Court on Tuesday said that a judicial emergency order handed down during the COVID-19 pandemic can be used to toll the state's five-year medical malpractice statute of repose.
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July 02, 2024
NCAA Escapes USF Baseball Coach Abuse Suit For Now
An Indiana federal judge on Tuesday dismissed, at least for the time being, a lawsuit filed by University of San Francisco baseball players accusing the NCAA of causing harm by remaining silent about the "rampant" sexual abuse committed by two USF coaches, ruling that there was no contractual relationship between the parties.
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July 02, 2024
FilmOn Founder Must Pay $900M In Sexual Battery Verdict
Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.
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July 02, 2024
NCDOT, Motorist On Hook For $38M In Crosswalk Crash Case
A North Carolina state court jury has awarded $38 million to a motorist who suffered paralysis after she was hit by a car, in a suit accusing the North Carolina Department of Transportation of causing the collision by improperly designing a crosswalk.
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July 02, 2024
Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says
A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.
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July 02, 2024
No Quick Wins In Woman's Fall Suit Against DC Metro
A D.C. federal judge has refused to give a quick win to an octogenarian who sued the Washington-area transit system for injuries sustained from a fall while on the Orange Line subway train, saying the passenger's attempt to fix a weak expert witness report with tardy additions was "no way to run a railroad."
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July 02, 2024
Wash. Plastic Surgeon To Pay $5M To End AG's NDA Suit
A Washington state plastic surgery practice will pay $5 million to resolve the state attorney general's lawsuit that accuses it of boosting its online reputation with phony positive reviews and preventing patients from posting honest negative accounts by requiring illegal nondisclosure agreements, according to an agreed order filed in Washington federal court.
Expert Analysis
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.