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Personal Injury & Medical Malpractice
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May 14, 2024
NC State Fights Cancer Patient's Presuit Building Access
North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.
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May 14, 2024
Hospitals Liable For Failing To Admit Killer, Pa. Justices Told
The Pennsylvania Supreme Court was reminded Tuesday, during oral arguments over whether someone can be officially treated at a hospital without filling out an application, that the case before them concerned a man who killed his girlfriend after he was turned away despite claiming homicidal and suicidal impulses.
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May 14, 2024
Mo. Court Says Chiropractor Must Face Broken Ribs Suit
A Missouri appellate panel on Tuesday revived a suit accusing a chiropractor of negligently breaking a patient's ribs during a treatment session, saying the patient's two medical experts plausibly opined that the chiropractor used excessive force.
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May 14, 2024
Ship Had Blackouts Day Before Baltimore Bridge Crash, NTSB Says
A container carrier that slammed into Baltimore's Francis Scott Key Bridge and caused its collapse in March experienced two electrical outages during maintenance the day before it even left port, the National Transportation Safety Board said in a preliminary report Tuesday.
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May 14, 2024
Vein Tech Maker Faces Investor Suit Over DOJ Kickback Probe
Vein disease device maker Inari Medical Inc. and three of its current and former executives face a proposed investor class action over claims that the company's share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws.
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May 14, 2024
Ind. Panel Agrees Hospital Can't Be Liable If Doctors Aren't
An Indiana appeals court has refused to reinstate a woman's vicarious liability claim against Indiana University Health North Hospital Inc. in a suit alleging its staff failed to properly diagnose her sepsis, holding the hospital can't be held liable for the conduct of agents who have already been released from liability.
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May 14, 2024
Detroit Will Pay $7M To Injured Scooter Rider
The city of Detroit must pay $7 million to a man who was severely injured when he hit a large pothole while riding a Bird scooter in the city, according to a settlement agreement a Michigan federal judge approved Tuesday.
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May 14, 2024
Tort Report: Mass Tort Settlements Beset By Crooked Claims
Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 14, 2024
Mother Sues American Airlines Over Son's In-Flight Death
A mother has hit American Airlines with a wrongful death lawsuit, claiming its flight crew members were ill trained and poorly equipped to deal with a medical emergency her teenage son suffered during a flight, according to the complaint filed in Texas federal court.
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May 14, 2024
Plant Gas Emissions Suit Tossed For Lack Of Injury Standing
A West Virginia federal judge has thrown out a proposed class action alleging a plant operated by Union Carbide Corp. and Covestro LLC emitted carcinogenic gas and increased the likelihood of cancer in nearby residents, finding the claim of injury too speculative to support the case.
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May 14, 2024
Vince McMahon Calls Accuser Hypocritical In Arbitration Push
Embattled World Wrestling Entertainment Inc. founder Vince McMahon has characterized a former employee's bid to strike his preliminary statement from her lawsuit as meritless hypocrisy, a move that comes roughly four months after she first lodged the shocking complaint against him alleging abuse and trafficking.
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May 14, 2024
Ex-Mich. U. Hockey Player Says His Graffiti Wasn't Antisemitic
A former University of Michigan hockey player has urged a federal judge to keep his defamation case against an antisemitism watchdog group alive, skewering the group's "nonsense" characterization of his graffitiing near a campus Jewish cultural center.
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May 14, 2024
Scooter Rider Not A 'Pedestrian' In PIP Suit, NJ Justices Affirm
An electric scooter operator who was struck by an automobile is not entitled to personal injury protection benefits under his auto policy, a unanimous New Jersey Supreme Court affirmed Tuesday, saying the operator does not fall within the definition of "pedestrian" for purposes of the state's No-Fault Act.
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May 13, 2024
Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now
A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.
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May 13, 2024
Fla. Court Upholds Apt. Complex's Win In Wrongful Death Suit
The mother of an autistic 6-year-old girl who drowned in a river near her Tampa, Florida, home can't sue the apartment complex for not putting up a fence, a state appeals court ruled, saying there was nothing unusually dangerous about that waterway.
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May 13, 2024
ABC Says Trump Already Lost False Rape Claims In NY
ABC News has told a Florida federal court that former President Donald Trump's defamation lawsuit over statements made regarding writer E. Jean Carroll's two lawsuits against him is just an attempt to relitigate claims he has already lost in New York.
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May 13, 2024
Nancy Pelosi's Would-Be Kidnapper Merits 40 Years, Feds Say
Federal prosecutors are urging a California federal judge to impose a 40-year prison sentence on the man convicted of attempting to kidnap then-House Speaker Nancy Pelosi and of assaulting her husband, while the would-be kidnapper is asking for 14 years.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Assault Exclusion Dooms Restaurant's Coverage For Murder
An insurer doesn't have to indemnify a Detroit restaurant accused of contributing to the 2019 shooting death of a potential patron by failing to provide adequate security, the Sixth Circuit said.
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May 13, 2024
Philips Wants Cleaner Co. To Chip In For $1B CPAP Deal
Koninklijke Philips NV has filed a third-party complaint in Pennsylvania federal court against SoClean Inc., which sells cleaning products for breathing devices, claiming SoClean and its parent should contribute to Philips' $1 billion settlement because its cleaners allegedly exacerbated the foam breakdown at the heart of the litigation.
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May 13, 2024
Camp Lejeune Plaintiffs Can't Appeal Jury Trial Denial Order
The North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune military base on Monday denied the service members' attempt to appeal an order that struck down their bid for jury trials, saying that it's not an issue that warrants appeal.
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May 13, 2024
Pa. Supreme Court Snapshot: Kleinbard Bill Battle Starts May
The Supreme Court of Pennsylvania will weigh the spending powers of district attorneys in a Kleinbard LLC bill battle and whether an appeals court overstepped by greenlighting a hospital closure when the May argument lineup begins Tuesday.
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May 13, 2024
Airline Mogul Says FBI Won't Give Docs In North Carolina Suit
Airline tycoon Farhad Azima has asked a Texas federal court to force the FBI's Houston office to comply with a subpoena for documents related to its criminal investigation of the businessman, writing that the bureau has stonewalled his "basic discovery rights" in connection with a federal lawsuit against a Dechert LLP-hired private investigator.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
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May 13, 2024
NJ Boater Sued Over Death Of Philly Marketing Exec
The family of a Philadelphia marketing executive on Monday filed a wrongful death suit against the New Jersey boater who was allegedly drunk at the wheel when he hit her while she was swimming off the dock of her Atlantic City townhouse.
Expert Analysis
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Operant Conditioning: Techniques To Prepare Your Witness
Attorneys can apply operant conditioning principles, such as positive and negative reinforcement, during witness preparation sessions to enhance the quality of witnesses’ deposition and trial testimony and counter the potential influence of opposing counsel, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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Operant Conditioning: Tactics That Can Derail Your Witness
There are many ways opposing counsel may use operant conditioning principles, including rewards and punishments, to obtain damaging testimony from your witnesses, so understanding this psychological theory is key, say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Micromobility Can Lead To Macro Liability For Cities, Cos.
E-bike and scooter manufacturers and rental operators, as well as the cities that host such services, must be aware of the major litigation risk associated with the growing number of serious accidents and injuries involving such micromobility devices — and should track emerging regulations in this area, says Arturo Aviles at Segal McCambridge.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Time For Courts, Attorneys To Use Amended Evidence Rule
Though recent amendments to Federal Rule of Evidence 702, clarifying courts’ gatekeeping role in admitting expert witness testimony, will not formally go into effect until Dec. 1, practitioners should use the amendments now to weed out flawed jurisprudence of the past and prevent it moving forward, say Eric Lasker at Hollingsworth and Lawrence Ebner at the Atlantic Legal Foundation.
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Opinion
Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Handling Hostile Depositions: Keep Calm And Make A Record
When depositions turn contentious, attorneys should, among other strategies, maintain a professional demeanor and note any objectionable conduct on the record, thereby increasing chances of a favorable outcome for the client while preserving the integrity of the legal process, say attorneys at Steptoe & Johnson.
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Using Counterfactuals To Shift Jurors' Hindsight Bias
Counterfactuals can reduce or increase jurors’ hindsight bias by helping them imagine how events could have unfolded differently, but before attorneys make use of this key tool at trial, they should keep several important principles in mind, say Merrie Jo Pitera and David Metz at IMS Consulting, and John Ursu at Faegre Drinker.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.