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Personal Injury & Medical Malpractice
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August 09, 2024
Judge Sides With NY Diocese In Axing 33 Abuse Claims
A New York federal judge has upheld the dismissal of 33 sexual abuse claims against Long Island's bankrupt Roman Catholic Diocese, finding there was insufficient evidence the diocese had supervisory control over the alleged abusers.
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August 09, 2024
Former Syrian Prison Chief Accused Of US Immigration Fraud
Federal grand jurors in California have charged a former Syrian official with covering up his time running a Syrian prison where political dissidents were physically abused on U.S. immigration applications.
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August 09, 2024
Retailer Can't Pass Buck To Pool Maker In Child Drowning Suit
A Missouri federal judge trimmed the bulk of a couple's claims against the retailer that sold the pool in which their two-year-old daughter drowned, but ruled that the retailer couldn't escape strict liability claims under the state's "innocent seller" statute.
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August 09, 2024
Jury's $1M Paralysis Verdict Against Insurer Overturned
A Texas federal judge overturned a jury's verdict and decided an insurer didn't have to cover a $1 million settlement between a former high school gymnast who became quadriplegic after taking LSD and the owners of the home where he ingested the drugs.
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August 09, 2024
Pa. Firm Seeks Over $790K In Employee Retention Credit
The Internal Revenue Service has failed to pay Ostroff Injury Law PC the more than $790,000 it is owed in pandemic-era employee retention credits, the Pennsylvania firm alleges in a federal court complaint, despite satisfying two separate tests the firm says qualify it for the relief.
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August 09, 2024
Off The Bench: NCAA Antitrust Woes, Ohio Trans Sports Ban
In this week's Off The Bench, the NCAA still faces pushback from athletes after an NIL settlement, transgender youth athletes in Ohio lost their legislative battle, and the Seventh Circuit set an insurance broker straight on its actions in an NFL team's settlement with a former player.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 08, 2024
Jurors Weigh $200M For Carbon Monoxide Leak Victims
Counsel asked jurors during closing arguments Thursday in a Dallas County court to give his two child clients a voice after a carbon monoxide leak allegedly left them partially mute, saying that while his clients can't speak, the jurors can deliver a verdict to "speak for them."
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August 08, 2024
4th Circ. Upholds Asylum Denial Over Forced Hospitalizations
The Fourth Circuit on Thursday refused to revive an Indian foreign exchange student's bid for asylum, saying in a published opinion that his multiple involuntary hospitalizations in India and the administration of electroshock therapy to treat diagnosed mental illnesses did not amount to persecution.
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August 08, 2024
Camp Lejeune Toxic Water Judge Flags Pretrial 'Difficulties'
A federal judge presiding over injury suits stemming from contaminated water at Camp Lejeune urged the federal government and plaintiffs' lawyers Thursday to resolve "ongoing difficulties" such as fact disputes ahead of bench trials, calling the parties' stipulations since the last status conference "less than robust."
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August 08, 2024
Poll Workers, Giuliani Want $148M Judgment Appeal Expedited
Rudy Giuliani and two Georgia election workers who secured a $148 million defamation judgment against him have asked the D.C. Circuit to fast-track the former mayor's appeal of the judgment.
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August 08, 2024
9th Circ. Revives Negligence Claims In Uber Sex Assault Suit
The Ninth Circuit on Thursday revived a woman's negligence claim against Uber Technologies Inc. over her sexual assault by a suspended driver, saying the company had a duty of care because it contributed to the situation that led to her being assaulted.
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August 08, 2024
Instacart Shopper's Costco Injury Suit Sent To Arbitration
A Maryland federal judge has sent to arbitration a suit seeking to hold Costco liable for an Instacart shopper's slip-and-fall injuries, saying the warehouse club chain is a third-party retailer that falls under the arbitration clause in the grocery delivery company's independent contractor agreement.
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August 08, 2024
Ex-Girardi Keese Atty Tearfully Recalls Withheld Client Funds
A former Girardi Keese attorney shed tears Thursday as she testified in Tom Girardi's California federal criminal trial, recalling that she became increasingly confused over several months about why he did not issue a settlement check to her client, saying his excuses for withholding the money made no sense.
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August 08, 2024
J&J Settles Suit Alleging Sunscreen With Benzene Killed Boy
Johnson & Johnson has reached an agreement to end a personal injury suit by a father who claimed his 14-year-old son died from leukemia after prolonged exposure to its benzene-tainted sunscreen products, according to a settlement notice filed in North Carolina federal court Thursday.
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August 08, 2024
Alaska Airlines Passengers' Safety Suit Claims Are Trimmed
Alaska Airlines Inc. has evaded much of a passenger-led lawsuit claiming it allowed an off-duty crew member to enter their flight's cockpit, where he allegedly tried to crash the plane, with a Washington state court judge ruling that most of the suit is preempted by federal law.
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August 08, 2024
Judge Pauses Syracuse Diocese Ch. 11 Pending Changes
A New York bankruptcy judge put the Roman Catholic Diocese of Syracuse's Chapter 11 case on hold Thursday until the diocese finishes revisions to its bankruptcy plan it says are needed to bring it into line with the Supreme Court's decision on Purdue Pharma's plan.
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August 08, 2024
No Private Right To Sue After 'Total Loss,' Colo. Panel Says
Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.
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August 08, 2024
Real Estate Agents Not Liable In Death Suit, Ga. Court Says
The Georgia Court of Appeals said for the first time that real estate brokers or agents could be held responsible for injuries sustained by visitors during property showings, just not in the case of a man suing over his wife's deadly fall in 2019.
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August 08, 2024
NHTSA Seeks Info On Tesla Cybertruck Crash
The National Highway Traffic Safety Administration says it's seeking information on a crash that involved a fatality with a Tesla Cybertruck that happened earlier this week in Texas.
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August 08, 2024
Ga. City Argues Immunity In $33M Yale Student Death Suit
An attorney for the city of Milton urged the Georgia Court of Appeals on Thursday to reverse the denial of its request for judgment notwithstanding a $33 million verdict over the death of a Yale University student whose car crashed into a roadside planter, arguing the city had sovereign immunity.
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August 08, 2024
Fla. Judge Dismisses Sex Abuse Suit, Blaming Lies By Atty
A Florida state judge has thrown out a suit by a Palm Beach real estate developer's daughter who alleges her father sexually abused her, ruling that her attorney's misrepresentations about an expert and why he withdrew from the case are fraud against the court.
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August 08, 2024
Suspension Recommended For Ex-Calif. Bar Prosecutor
A California State Bar Court judge this week has recommended suspension for a former State Bar prosecutor who failed to disclose that he was moonlighting in private practice alongside disgraced attorney Tom Girardi's son-in-law.
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August 08, 2024
Wood's Ex-Partners Seek 'Judgment Day' For 'Lin Almighty'
Thursday, as counsel for the former law partners of controversial ex-attorney Lin Wood put it to a Georgia federal jury, was an auspicious day, as it was a "judgment day" and a chance to "bring down a judgment on a monster" who slandered the three attorneys who for years helped him build a successful law practice.
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August 08, 2024
Ex-Morgan & Morgan Client Wants Malpractice Case In Court
A Georgia deputy sheriff suing Morgan & Morgan PA's office in Jacksonville, Florida, for malpractice has urged a Georgia federal court not to send his case to arbitration, as he claimed the firm effectively bullied him into signing a contract with an arbitration clause.
Expert Analysis
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.