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Personal Injury & Medical Malpractice
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October 23, 2024
Roundup Suit Pared As Preemption Claim Sways Mass. Judge
A Massachusetts judge has dismissed portions of a suit claiming a woman's use of the weedkiller Roundup caused her cancer, ruling a federal labeling law preempts her theory that Monsanto failed to warn consumers about the chemical's dangers.
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October 23, 2024
Atlanta VA Doctor Abused Power And Patients, Jury Told
Federal prosecutors told a Georgia federal jury Wednesday that in the coming days, they'll hear from "four women who served their country," who placed their trust and care into the hands of a longtime physician with the U.S. Department of Veterans Affairs and in return were sexually assaulted by him.
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October 23, 2024
Feds Urge High Court To Deny Cig Cos.' Bid To Ax New Rule
The U.S. Food and Drug Administration is asking the U.S. Supreme Court not to grant certiorari to a group of tobacco companies aiming to vacate a rule requiring larger warnings on cigarette boxes, saying the Fifth Circuit rightly found the proposed warnings don't violate the First Amendment's protection against compelled speech.
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October 23, 2024
9th Circ. Backs Injury Firm's Win In Fight Over Google Ads
The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.
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October 23, 2024
Harvey Weinstein Must Face All NY Charges At Retrial
A New York state judge on Wednesday denied Harvey Weinstein a separate trial for his new sexual assault charge, ruling that he must face that allegation alongside his original indictment at a retrial that is now expected to begin in early 2025.
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October 22, 2024
Texas Firm 'Tortured' Barratry Case, Appeals Court Hears
A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.
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October 22, 2024
'Alkaline Water' Co. Owes $230M In Latest Liver Trial
A Nevada state jury awarded $230 million Tuesday in the latest trial over liver damage from Real Water's "alkaline water" and sent the 15 plaintiffs, including a UFC fighter, to a punitive damages phase.
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October 22, 2024
Fort Lauderdale, Fla., Cops Want 2020 Protest Suit Dismissed
Several Fort Lauderdale police officers Tuesday urged a Florida federal court to toss a proposed class action brought by demonstrators alleging their civil rights were violated during a 2020 George Floyd protest, saying they're entitled to qualified immunity.
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October 22, 2024
Legatum Exec Wins $8M Libel Trial Against D.C. Investigator
A D.C. federal jury has awarded the founder of Dubai-based investment company Legatum more than $8 million in his defamation case against a private investigator accused of preparing and disseminating a bogus "background report" falsely stating the executive was a Russian asset.
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October 22, 2024
Colo. Justices Doubt Geico Agreed With Man's Crash Claims
Justices of Colorado's highest court appeared skeptical Tuesday of a man's claim that his noneconomic damages for injuries from a car accident were uncontested by his insurance carrier, with one justice citing the policyholder's rejection of settlement offers as evidence of a dispute.
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October 22, 2024
Suit Over Wash. Ban On 'DIY' Rape Evidence Kits Nixed
A Washington federal judge has tossed a challenge to a state ban on the sale of "DIY" DNA collection kits to sexual assault survivors, rejecting a kit developer's arguments that the ban infringes on its First Amendment rights.
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October 22, 2024
Judge Tells Firm To Tighten Up Testimony In Nassar Fee Trial
A Michigan federal judge cautioned a local personal injury firm Tuesday to reel in the head of the firm on the witness stand, warning he was losing the jury in a long "inside baseball" legal discussion in his efforts to get a greater cut of fees from a Colorado firm for work on a Larry Nassar abuse settlement.
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October 22, 2024
Supervisor Could've Prevented Electrician's Death, Widow Says
The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.
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October 22, 2024
Death Claims In Lyondell Leak MDL Go To Mediation
Family who lost loved ones in the 2021 gas leak at a LyondellBasell facility in La Porte, Texas, must pursue their wrongful death claims in mediation, a Houston state court judge has ruled, just a month after the first bellwether trial in the multidistrict litigation reached a settlement.
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October 22, 2024
Texas DOT Ruled Immune In $1M Bike Accident Suit
A Texas appeals court has thrown out a $1 million verdict against the state's Department of Transportation over a doctor's bicycle accident, saying there was no evidence to support a finding of gross negligence, and, as such, the state agency has sovereign immunity.
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October 22, 2024
Monsanto Fights $78M Verdict In Philadelphia Roundup Trial
Bayer AG unit Monsanto has asked a Philadelphia judge to strike down a "grossly excessive" $78 million verdict handed up in the latest Philadelphia Roundup trial, claiming that the jury's view of the company was skewed because the plaintiff's counsel said Monsanto "poisoned" butterflies and bees and "poisoned the planet."
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October 22, 2024
Paramount Again Foils Suit Over 'Romeo & Juliet' Nude Scene
Paramount Pictures again defeated a lawsuit by two actors challenging the redistribution of the 1968 film adaptation of "Romeo & Juliet" that contained a nude scene, because a California judge said a prior court already decided the film's distribution was protected activity and, accordingly, the actors are barred from relitigating the issue.
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October 22, 2024
Pa. Casino Must Face Suit Over Hand Sanitizer Slip-And-Fall
A Pennsylvania appeals court on Tuesday revived a woman's slip-and-fall suit against the owners of a Mount Airy casino, saying the evidence in the case can lead a jury to find that the company was negligent in installing hand sanitizer stations meant to address the COVID-19 pandemic over a marble floor.
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October 22, 2024
NJ Justices Create Mass Tort Track For Bard Catheter Suits
The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.
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October 22, 2024
Ex-Atty Charged With Stealing Settlement Funds From Clients
A former attorney who practiced in Oklahoma and gave up his law license in 2020 amid a disciplinary investigation has been charged in federal court with stealing money his then-clients were owed from settlements between 2015 and 2020.
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October 22, 2024
Coach USA, Injury Plaintiffs Strike Deals To Lift Ch. 11 Stay
Bankrupt bus operator Coach USA Inc. has reached deals to undo Chapter 11's automatic stay and allow over a dozen state lawsuits to move forward, an attorney for the transportation group told a Delaware bankruptcy judge on Tuesday, with personal injury plaintiffs agreeing to limit collection for any damages to Coach's insurance policies.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
Ex-Abercrombie CEO Charged With Sex Trafficking
Former Abercrombie & Fitch Co. CEO Mike Jeffries was indicted Tuesday on charges he ran an international sex trafficking and prostitution ring that abused male models who were led to believe their participation in sex parties would benefit their careers.
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October 21, 2024
2nd Circ. Axes Claims Victoria's Secret Mogul Aided Epstein
The Second Circuit on Monday refused to revive a suit accusing billionaire developer and Victoria's Secret tycoon Leslie Wexner, his wife and four of their organizations of facilitating Jeffrey Epstein's sexual assault of a minor, finding the appeal improperly raised new arguments.
Expert Analysis
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.