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Personal Injury & Medical Malpractice
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October 30, 2024
Ex-Ford Models CEO Can't Arbitrate Sex Misconduct Suit
A California appeals court won't let the former CEO of Ford Models send a woman's suit brought under a state sex trafficking law to arbitration, saying her allegations don't fall within the scope of the arbitration agreement she signed.
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October 30, 2024
Wash. Boys' Group Home Gets Sanctions In Sex Abuse Case
A Washington federal judge on Tuesday sanctioned a boys' group home for failing to prepare its CEO to give evidence in a case involving sexual abuse claims dating back to the 1980s, in an order saying the home acted without court permission to limit the CEO's testimony during a deposition.
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October 30, 2024
Rap Producer Metro Boomin Accused Of Rape In Calif. Suit
Grammy-nominated rap and hip-hop producer Metro Boomin was sued in California state court Tuesday for allegedly raping a woman who visited his recording studio in 2016, resulting in an unwanted pregnancy and an abortion.
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October 30, 2024
3M Says Excess Insurers Must Cover PFAS Claims
Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.
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October 30, 2024
COVID-19 Order Could Save Med Mal Suit, Ga. Judges Say
A mistake made by a paralegal working for former Georgia state representative Robbin Shipp may have been saved by a recent Peach State high court ruling that a pandemic-era judicial emergency order can toll the deadline to file medical malpractice suits, the state appeals court found Tuesday.
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October 30, 2024
4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit
A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.
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October 30, 2024
Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight
Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.
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October 30, 2024
Hanover Seeks To Avoid Covering Body Mishandling Suit
The Hanover Insurance Co. told an Illinois federal court it owes no directors & officers coverage to a medical nonprofit over a man's lawsuit alleging an employee "grossly mishandled" his late mother's remains, invoking exclusions it said each bar coverage under the nonprofit's policy.
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October 29, 2024
Monsanto PCBs 'Pervasive' At School, Scientist Tells Jury
Monsanto-made PCBs were "pervasive" at a Washington school, an industrial hygienist testified Tuesday in the latest trial over illnesses there before being grilled by defense counsel about the integrity of his material samples.
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October 29, 2024
NY Health Provider To Boost Data Security To End AG's Probe
An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday.
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October 29, 2024
Sporting Goods Chain Beats Suit By Man Shot With Stolen Gun
A Missouri appeals court on Tuesday affirmed the dismissal of a suit seeking to hold Academy Sports liable after a man was shot by a gun stolen from the store, saying a federal law shielding firearms dealers from third-party criminal acts did indeed apply.
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October 29, 2024
Texas AG Says State Rep Tried To Sway 'Shaken Baby' Case
Texas Attorney General Ken Paxton on Tuesday called for state Rep. Jeff Leach to resign after he allegedly attempted to sway judgment in capital punishment proceedings in what would have been the nation's first execution for a conviction based on a "shaken baby syndrome" diagnosis.
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October 29, 2024
Real Estate Exec's Wife Says Prostitution Claims Defamed Her
The wife of Northstar Commercial Partners CEO Brian Watson has filed a lawsuit in Colorado federal court alleging an Illinois woman defamed her by accusing her of being a prostitute and that her husband frequently procures the services of prostitutes, estimating her damage at roughly $50 million.
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October 29, 2024
Mo. Panel Won't Trim $4.3M Interest Award From $40M Verdict
A Missouri state appeals court upheld a woman's roughly $4.3 million prejudgment interest award after she won $40 million at trial over her husband's fatal auto collision, finding Tuesday she was not required to directly send a pretrial settlement demand to the at-fault driver's insurer.
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October 29, 2024
DQ'd Zeta Atty Using MDL Info In Other Cases, Plaintiffs Say
A group of crew members aboard a Transocean drilling rig during Hurricane Zeta asked a Harris County judge Monday to sanction the company and its former law firm, writing that a former attorney has continued to use information he obtained while working on the case despite being disqualified in 2023.
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October 29, 2024
McDonald's Catches New Suits Over E. Coli Outbreak
McDonald's Corp. is facing two new lawsuits over an outbreak of E. coli linked to its Quarter Pounder hamburgers, including a proposed class action filed Tuesday in Illinois federal court accusing the fast-food giant of misrepresenting to customers that its hamburgers were safe to consume.
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October 29, 2024
Texas Judge Rejects Early Win In Water Pollution Dispute
A Texas federal judge denied on Tuesday an insurer's bid for an early win in its lawsuit against a water supply company accused of providing contaminated water to Cameron County residents, despite the insurer's argument that pollution exclusions in multiple policies bar coverage for the underlying claims.
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October 29, 2024
6th Circ. Judge Rejects Flint Comparison In Benton Harbor
A Sixth Circuit judge asked during oral arguments Tuesday if Michigan's government could have done more to monitor the response to lead contamination in a city's water supply, as another judge seemed to doubt that the allegations against the state rose to the level of constitutional violations.
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October 29, 2024
Ga. Court Says Apt. Must Face Shooting Death Suit
The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.
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October 29, 2024
FBI Bungled Probe Of NC Woman's Death In Mexico, Suit Says
The estate of a Charlotte woman who was allegedly murdered while on vacation in Mexico in 2022 has accused the U.S. Department of State and the Federal Bureau of Investigation of botching the inquiry into her death and wrongly withholding relevant records.
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October 29, 2024
Purdue Creditors Can Sue Sacklers For $11.5B
Creditors of bankrupt OxyContin maker Purdue Pharma LP will get the right to sue the company's owners — certain members of the Sackler family — and others for $11.5 billion, should they choose to do so, a New York judge said on Tuesday.
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October 29, 2024
Court Closure Sought Over Taunts By Florida Gun Shop Owner
The Connecticut Attorney General's Office urged a state judge to protect the identity of its investigator in filings and to close the courtroom during their testimony at trial in a lawsuit alleging a Florida company deceptively sold do-it-yourself gun kits, saying anonymity is needed because of the owner's online taunts.
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October 29, 2024
Ga. Judge Says Merger Of BioLab Fire Cases Imminent
A Georgia federal judge said Tuesday that within the week, she would likely consolidate most if not all of the nearly 20 lawsuits filed against chemical manufacturer BioLab Inc. in the aftermath of a massive industrial fire at its Conyers, Georgia plant last month.
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October 29, 2024
NJ Judge Exits Disbarred Atty's Suits Over Ties To State Bar
A disbarred New Jersey civil rights attorney persuaded a New Jersey federal judge to recuse herself from cases he has pending before her due to the "slim, but conceivable chance" of an appearance of impropriety stemming in part from her time as president of the New Jersey State Bar Association.
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October 29, 2024
5th Circ. Revives Pilots Union's Dispute With Southwest
The Fifth Circuit has revived a union's dispute with Southwest Airlines over alleged retaliation against a worker for his union activity and sent it back to Texas federal court, saying the legal fight qualifies for an exception to the Railway Labor Act's mandatory arbitration rule.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Confronting The Psychological Toll Of Personal Injury Law
Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.