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Personal Injury & Medical Malpractice
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April 22, 2025
Calif. Judge Who Shot Wife Convicted Of 2nd Degree Murder
A Santa Ana jury on Tuesday found Orange County Superior Court Judge Jeffrey Ferguson guilty of second-degree murder in the August 2023 shooting death of his wife, convicting the judge in a retrial just weeks after a previous jury hung on the charges.
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April 22, 2025
Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row
The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal court ruled, rejecting arguments that the insurer breached its duties.
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April 22, 2025
Houston Atty, Woman End Sex Tape Suit After FBI Inquiry
A Houston attorney and a woman who accused him of filming a sexual encounter with her and sharing it without her consent have agreed to drop the dispute.
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April 22, 2025
Atty Says Sig Sauer Defamed Him In Pistol Safety Statement
A Connecticut lawyer on Tuesday added to an ongoing legal battle with weapons manufacturer Sig Sauer Inc., filing a new lawsuit claiming the gunmaker referenced him in a March 7 press release suggesting trial attorneys made misrepresentations about gun safety.
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April 22, 2025
Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal
A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.
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April 21, 2025
Judge Purposely Shot Wife Dead, Orange County DA Sums Up
California state Judge Jeffrey Ferguson murdered his wife by drunkenly pointing a loaded gun at her during a heated argument and pulling the trigger, prosecutors said during closing arguments Monday, while defense counsel maintained he was fumbling with the gun because of a shoulder injury and it accidentally fired.
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April 21, 2025
Calif. Judges Who Lost Homes Sue LA Over Palisades Fire
A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.
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April 21, 2025
'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit
A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.
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April 21, 2025
Justices To Mull Tort Liability For USPS 'Campaign Of Terror'
The U.S. Supreme Court agreed Monday to assess the U.S. Postal Service's liability under federal tort law for intentional delivery failures — an issue nominally focused on an alleged "racially motivated harassment campaign" against a Texas woman but also broadly relevant to delivery lapses in the nation's vast mail system.
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April 21, 2025
New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit
Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.
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April 21, 2025
7th Circ. Gives Costco Slip-And-Fall Suit A Second Life
The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.
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April 21, 2025
Kentuckian Sues Medtronic, FDA Over Spinal Cord Stimulator
A Kentucky woman has hit Medtronic and the U.S. Food and Drug Administration with a suit alleging that a 41-year-old spinal cord stimulator device worsened her pain, and that updates to the device over the years weren't diligently reviewed by the agency.
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April 21, 2025
Royal Caribbean Faces Class Action Over Hidden Cameras
A putative class suing Royal Caribbean after a now-former employee secretly placed a hidden camera in their rooms is fighting the cruise line's bid to force their damages claims into arbitration, saying it's "absurd" to argue that they agreed to waive their right to litigate such claims.
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April 21, 2025
Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature
Georgia Gov. Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding.
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April 21, 2025
Litigation Funder Accused Of Not Protecting User Data
Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.
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April 21, 2025
Insurers Clash Over Coverage In Racetrack Injury Suit
Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other companies had wrongly declined coverage for subsidiaries of the insured.
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April 21, 2025
Justices Won't Review Philly Atty's 5-Year Suspension
A Philadelphia attorney's appeal of a five-year suspension deeming him a "danger to the public" will not move forward after the U.S. Supreme Court declined to review the case, according to orders released Monday.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
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April 18, 2025
PI Firm Sues Its Own Expert For Being 'Out Of Touch' At Depo
A New Jersey personal injury law firm filed suit in state court against an expert witness it alleges had threatened to withdraw if he didn't receive an advance payment for preparing and attending his deposition, and then turned up to the deposition "confused, disoriented and out of touch."
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April 18, 2025
Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial
A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.
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April 18, 2025
11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting
The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of whether its insurer should've offered to settle based on the premises' liability.
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April 18, 2025
No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.
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April 18, 2025
Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit
An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."
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April 18, 2025
Factory Worker Drops Injury Suit Over Cessna Crash
A factory worker has dropped his personal injury suit against aircraft company Textron Aviation Inc. over a Cessna Citation 560XLS+ plane that crashed into his workplace, according to a filing in Connecticut state court.
Expert Analysis
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.