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Personal Injury & Medical Malpractice
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March 19, 2025
Connecticut Jury Awards $5.7M To Murder Exoneree
A Connecticut federal jury on Wednesday handed an exonerated murder defendant $5.7 million, finding a town police officer negligent for failing to stop evidence fabrication by a state police interrogator.
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March 19, 2025
Legal Advertising Co. Escapes Texas Hurricane Ad Suit
An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.
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March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement
Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
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March 18, 2025
Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits
An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.
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March 18, 2025
What To Know About Trump's Pick To Lead The FAA
President Donald Trump's selection of Republic Airways CEO Bryan Bedford to serve as administrator of the Federal Aviation Administration would send a longtime airline executive and licensed pilot to oversee an agency upended by safety mishaps that have intensified scrutiny of the nation's air traffic control system.
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March 18, 2025
'Disturbed' Singer Down With Sickness From Mold Sues Landlord
The lead singer of the rock band Disturbed has brought a lawsuit against the owner of the Miami-area digs he was renting for $18,500 a month, saying mold spawned by a leaky roof created a condition that impacted his ability to tour with his band.
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March 18, 2025
Ga. School District, Mother Of Suicide Victim End Lawsuit
A Georgia school district and a mother have agreed to end a legal dispute over claims the district did not do enough to stop the bullying that allegedly led to her son's suicide, according to a stipulation of dismissal filed in federal court.
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March 18, 2025
Ohio Appeals Court Blocks Trans Care Restrictions
An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state.
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March 18, 2025
Feds Say Wash. Hospital Can't Strike Facts From Fraud Suit
The government has accused a hospital operator in Washington state of "grasping at straws" by trying to strike inconvenient facts from the court record in a bid to defeat a False Claims Act lawsuit, a tactic prosecutors urged the court to see through and reject.
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March 18, 2025
NJ Retailer Settles Suit Over Ammo Sold To Undercover Cops
A Garden State firearms retailer has agreed to establish procedures to make sure that it does not sell guns to unauthorized people, under a court-ordered settlement with the New Jersey attorney general.
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March 18, 2025
Karen Read Asks 1st Circ. To Intervene As 2nd Trial Looms
Karen Read on Tuesday asked the First Circuit to consider her so far unsuccessful bid to claim double jeopardy to avoid another trial for allegedly killing her boyfriend with her SUV, telling the panel that the trial judge assumed, but never verified, that the first jury was deadlocked on all charges.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
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March 18, 2025
Conn. Atty Drops Appeal In Battle With Willkie Partner
Connecticut solo practitioner Eric Grayson has withdrawn an appeal of a state court decision to toss his lawsuit against a partner at Willkie Farr & Gallagher LLP and his wife, in which he accused the couple of abusing the court process by suing him over his comments in a New York Post story about their dispute with a landlord.
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March 17, 2025
Biz Groups Push For High Court Review Of Cisco Spying Case
National business groups are urging the U.S. Supreme Court to overturn a Ninth Circuit decision reviving a suit from a class of Falun Gong practitioners alleging that Cisco aided in the Chinese government's crackdown on the religious movement, claiming that the circuit's ruling could chill foreign investment and disadvantage American companies.
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March 17, 2025
Ford Seeks New Trial After $2.5B Ga. Rollover Verdict
Ford Motor Co. has asked a Georgia federal judge for a new trial after being hit with a $2.5 billion punitive damages verdict last month in a fatal Super Duty truck rollover trial, claiming jurors improperly learned about a prior, now-scrapped $1.7 billion verdict against the company over a similar accident.
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March 17, 2025
Woman Hurt In 'Running Of The Pierogis' Sues The Pirates
A woman has sued the Pittsburgh Pirates for injuries she suffered during a "Running of the Pierogis" event at a local holiday festival, claiming the baseball team negligently laid out a slippery rubber mat at the start of the race that caused her fall.
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March 17, 2025
Tort Report: Fatal Hippo Attack Prompts Suit Against Tour Co.
A lawsuit over a woman's death from a hippo attack and the latest on a Fox News sex assault case 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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March 17, 2025
Zurich Unit Needn't Cover Travel Agency In Abuse Suit
A Zurich unit had no duty to defend a travel agency accused of negligence in connection with an overnight school trip where a student, court papers allege, was bullied and sexually abused by classmates, a Florida federal court ruled Monday, saying a sexual abuse exclusion barred coverage.
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March 17, 2025
Colo. Justices Reject Bid To Toss Election Defamation Suit
Colorado's justices have rejected petitions from President Donald Trump's campaign and conservative media personalities arguing that a former Dominion Voting executive's defamation suit should be tossed under a state anti-SLAPP law, according to an en banc order Monday declining to review the case.
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March 17, 2025
Vague Settlement Can't Free Insurer From Asbestos Claims
An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found.
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March 17, 2025
NC AG Fights TikTok's Early Exit From Addiction Suit
North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.
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March 17, 2025
Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court
Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."
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March 17, 2025
Ex-Haiti Mayor Hid Atrocities To Secure Green Card, Jury Told
The former mayor of a remote Haitian town led a rampage of violence against political opponents and then lied about the hand he played in the deaths and torture to get into the United States with a green card, a Justice Department lawyer told a Boston federal jury Monday.
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March 17, 2025
Arnold & Itkin Says Houston Firm 'Renting' Its Name For Clout
Texas-headquartered trial firm Arnold & Itkin LLP has sued a small personal injury firm in Houston, accusing it of unlawfully capitalizing on the firm's well-earned reputation and success by misdirecting web searches to its website through the purchase of certain search keywords.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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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.