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Personal Injury & Medical Malpractice
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February 10, 2025
Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal
Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.
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February 10, 2025
Apple Says Child Porn Detection Suit Can't Stand
Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.
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February 10, 2025
Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid
The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.
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February 10, 2025
Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M
An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.
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February 10, 2025
Harassment Suit Against Fox Sports, Hosts Sent To Fed. Court
The lawsuit accusing Fox Sports executives and on-air hosts of sexual harassment and creating a toxic workplace environment has been moved from California state court to federal court, where the two sides were told to attempt alternative dispute resolution.
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February 10, 2025
Megan Thee Stallion's Trial Lies Suit Survives Dismissal Bid
A Florida federal judge has largely kept alive Megan Thee Stallion's lawsuit accusing a social media personality of acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.
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February 10, 2025
Trenton Diocese Sues Insurers Over Abuse Suit Coverage
The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.
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February 10, 2025
Judge Wary Of Doctor's Bid To Halt WWE Accuser's Info Hunt
A Connecticut judge on Monday appeared skeptical of a celebrity doctor's bid to end an information request by a woman separately accusing World Wrestling Entertainment and its founder Vince McMahon of sex trafficking, hinting that the doctor probably cannot raise potential federal litigation as a shield against a state trial court discovery probe.
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February 10, 2025
Harvard Immunity For Body Part Thefts 'Gnaws' At Justice
A judge on Massachusetts' highest court said Monday it's "problematic" that a state law could shield Harvard Medical School from liability in a suit by family members of people whose remains were allegedly sold off in parts by a rogue mortician.
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February 10, 2025
Insurer Says No Coverage Owed For Toxic Hair Product Suit
The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.
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February 10, 2025
Fighting Cancer Has Impaired Life, Zantac Plaintiff Testifies
One of the men retrying his Zantac cancer claims in Illinois testified Monday that fighting his illness has meant navigating negative side effects and missing the full family life he previously enjoyed.
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February 10, 2025
Attys Shouldn't Be Sanctioned For Press Briefing, Parents Say
The parents of a Black man police fatally shot in 2022 urged a Georgia federal judge not to sanction their Claiborne Firm PC attorneys for a holding a press conference that the city of Savannah says attempted to sway the jury that will hear the police officer's case.
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February 10, 2025
NJ Attys Agree To End Libel Suit Over Father's Money
Prominent class action attorney Carl J. Mayer has settled a defamation lawsuit against his brother and two cousins that claimed the trio falsely accused Mayer of stealing money from his elderly father, leading to a drop-off in referrals from other attorneys.
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February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables
A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
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February 07, 2025
Injury Attys In Hot Water Over Possible AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group on Friday withdrew pretrial motions in a personal injury lawsuit against Walmart over an allegedly defective hoverboard after a Wyoming federal court ordered the firms to explain why the filings contained what appears to be case law hallucinated by generative artificial intelligence.
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February 07, 2025
2nd Circ. Orders In-House Counsel Docs In Grand Jury Case
The Second Circuit on Friday ruled that an in-house attorney for a publicly traded company under federal investigation in New York must turn over communications as part of a grand jury investigation under the crime-fraud exception to attorney-client privilege.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
70 Depo-Provera Suits Joined In Florida's Northern District
The U.S. Judicial Panel on Multidistrict Litigation on Friday consolidated more than 70 consumer lawsuits claiming that Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera in the Northern District of Florida.
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February 07, 2025
Stables Launch $6M Suit Over Late Stud's Spoiled Semen
An Oregon horse farm has claimed that a Washington-based equine vet practice and its breeding program partnership destroyed $6.4 million worth of frozen semen from a champion Arabian stallion after the collections thawed during shipment, according to a new lawsuit in Seattle federal court.
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February 07, 2025
For These Victims, Death Came Before Bankruptcy Resolution
Thousands of people have died with no compensation in recent years as big institutions shield themselves in bankruptcy court from claims related to opioids, fraud, asbestos and sexual abuse, plaintiffs' lawyers say. Critics say it's an inherent part of a bankruptcy court system that helps insiders and hurts creditors.
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February 07, 2025
Ariz. Cardinals, Owner Accused Of Harassing Ex-Assistant
A former assistant to Arizona Cardinals owner Michael Bidwill has sued both him and the team in state court, claiming that her former boss "unmercifully harassed" her through an assortment of erratic and intimidating behavior.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
Expert Analysis
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.
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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.