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Personal Injury & Medical Malpractice
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November 25, 2024
Philly Hospital Must Pay Patient's Family $6.8M, Jury Finds
Thomas Jefferson University Hospital must pay $6.8 million to the family of a woman who died from complications resulting from a procedure targeting a tumor, with a Philadelphia jury finding the hospital was negligent in its treatment.
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November 25, 2024
Bad Faith Case Isn't Apt For Garnishment, Mich. Justices Told
The Insurance Alliance of Michigan urged the Michigan Supreme Court to reverse an appeals court decision allowing an injured man to litigate bad faith claims against the at-fault party's insurer in garnishment proceedings, arguing the appellate decision allows him to circumvent pleading standards for a conventional civil action.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
Wrongful Death Suit Paused As NCAA, Family Talk Deal
A U.S. magistrate judge has agreed to pause for the second time a negligence and wrongful death lawsuit against the NCAA from the family of a late football player who was diagnosed with chronic traumatic encephalopathy after his death in 2018, giving the parties additional time to work toward a settlement.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Attys Fight Discovery Sanctions In Bob Dylan Abuse Suit
An attorney for two solo practitioners sanctioned for not turning over discovery material in a now-abandoned sexual assault suit against Bob Dylan told Second Circuit judges Monday that "lawyers are not their clients," arguing that the pair never personally disregarded a court order or instructed their client to do so.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
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November 22, 2024
Taco Bell's 'Inconsistent' Stance Revives Fla. Fall Suit
A Florida state appellate court on Friday reversed a ruling that tossed a slip-and-fall injury lawsuit against Taco Bell, citing the restaurant's "logically inconsistent" position admitting that a customer ignored a freshly mopped restroom floor but proceeded to dispute that the floor was actually wet.
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November 22, 2024
Texas Justices Say Court Bungled Ruling In Abortion Case
The Texas Supreme Court said Friday a lower appellate court tried to "prematurely drag the judiciary into highly contentious and politicized debates" around abortion without analyzing a key standing issue, jeopardizing Planned Parenthood's and other abortion rights groups' bid to invalidate the controversial Texas Heartbeat Act.
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November 22, 2024
Texas Supreme Court Sends 130-Car Pileup Suit To Trial
The Texas Supreme Court on Friday denied a petition from several defendants involved in a fatal 130-car ice storm pileup in Fort Worth to temporarily stay an upcoming trial date, teeing up the trial to begin in January, almost four years after the tragedy.
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November 22, 2024
Calif. Panel Affirms Six Flags' Trial Win In Coaster Injury Case
Six Flags isn't liable for a woman's injury after her hand was crushed by a railing while waiting to get on the Twisted Colossus roller coaster, California appellate justices said Thursday, finding the park didn't have a heightened duty of care since she was injured before she got on the ride.
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November 22, 2024
Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed
A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.
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November 22, 2024
Texas Panel Says Gender-Affirming Surgery Suit Too Late
A Texas appellate court has backed a counselor's win in a lawsuit from a former client who came to regret undergoing a double mastectomy following the counselor's recommendation for gender-affirming surgery, finding the claims were time-barred.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
PFAS Foam MDL Attys Score $95.8M For Tyco, BASF Deals
A South Carolina federal judge awarded nearly $96 million in combined fees and costs Friday to lead counsel representing public water systems for reaching a $316.5 million deal with BASF Corp. and $750 million with Tyco Fire Products LP over forever chemicals, lauding them as "some of the most qualified mass tort litigators in America."
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November 22, 2024
LA Power Dept. Inks $60M Settlement Over Valley Gas Leak
The Los Angeles Department of Water and Power has reached a $59.9 million settlement over allegations that it hid a dangerous natural gas leak from San Fernando Valley residents for over three years, according to the plaintiffs' counsel.
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November 22, 2024
Squire Patton Lawyer Dies In Laos Amid Poisoning Reports
A junior lawyer at Squire Patton Boggs LLP has died in Laos, the law firm confirmed Friday, amid reports in the media that she was the victim of a suspected mass poisoning incident.
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November 21, 2024
Snap Moves To Toss New Mexico's Child 'Sextortion' Suit
Snap Inc. has moved to toss New Mexico's lawsuit accusing it of enabling child sexual exploitation on its instant messaging app, Snapchat, telling a New Mexico state court that the state's attorney general lodged a "sensationalist" lawsuit rife with patently false allegations.
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November 21, 2024
9th Circ. Revives Removal Relief Bid Over Due Process Issue
The Ninth Circuit on Thursday revived a Mexican citizen's bid for deportation relief based on his fear a police officer in Mexico would kill him, saying the Board of Immigration Appeals wrongly concluded an alleged due process violation did not prejudice him.
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November 21, 2024
Social Media MDL Judge Rips State Attys Defying Orders
A California federal magistrate judge overseeing discovery in multidistrict litigation over social media platforms' allegedly addictive designs on Thursday ordered states to provide the names and state bar numbers of agency counsel who have refused to comply with discovery orders, threatening sanctions and asking, "What happened to the rule of law?"
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November 21, 2024
Boehringer Trial Over Zantac's Cancer Link Ends In Mistrial
A California state judge declared a mistrial Thursday, ending a monthslong trial over product liability claims by a bladder cancer survivor who alleges Boehringer Ingelheim Pharmaceuticals Inc. failed to disclose cancer risks associated with the company's Zantac heartburn medication, according to the plaintiff's counsel.
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November 21, 2024
No New Trial In Suit Over Fatal Nissan Truck Fire In Texas
A Texas appeals court on Thursday vacated an order for a new trial in a suit against Nissan North America Inc. over a fatal truck fire, saying the trial court abused its discretion when it found that juror misconduct and other cumulative errors prejudiced the plaintiff.
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November 21, 2024
DOD Needs To Do More To Fix Military Housing, OIG Says
The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.
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November 21, 2024
Texas Doctor Gets 190 Years For Poisoning IV Bags
A Texas anesthesiologist was sentenced to 190 years in federal prison after being found guilty of injecting a potent cocktail of drugs into IV bags at a Baylor Scott & White surgical center, resulting in one death and several serious medical emergencies, the U.S. Department of Justice said.
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November 21, 2024
NFL Paid $1.3B In Concussions Settlement So Far, 4% Atty Fees
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their attorneys, according to a report by the court appointed special master and claim administrator for the multidistrict litigation.
Expert Analysis
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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.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.