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Personal Injury & Medical Malpractice
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September 06, 2024
'Insanity Tolling' May Save Ford Rollaway Claims, Panel Says
A split Michigan appellate panel has revived a lawsuit against Ford Motor Co. from a woman who was run over by her Ford Escape, finding her debilitating stress and depression may entitle her to an exception to the statute of limitations.
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September 06, 2024
Doctor Pulls Discovery Demands Against WWE Accuser
Celebrity doctor Carlon Colker has withdrawn his demands seeking pre-litigation discovery materials from the woman who has accused Vince McMahon and former World Wrestling Entertainment Inc. executives of sexually assaulting and trafficking her.
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September 06, 2024
11th Circ. Revives Slip-And-Fall Suit Against Westin Hotel
The Eleventh Circuit reversed a win for Westin Hotel in a former guest's suit over injuries sustained in a slip and fall at an Indianapolis hotel, ruling that after the insurer that paid the guest workers' compensation benefits intervened in the suit, the case should have been sent back to state court.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
Boeing Loses Bid To Toss Investor Suit Over Blowout
A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.
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September 06, 2024
SEC Accuses Fla. Men Of Mass Tort Litigation Financing Fraud
The U.S. Securities and Exchange Commission on Friday accused a father and son from Florida of running a fraudulent litigation funding scheme by promising investors returns from financing mass tort litigation they were not actually funding.
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September 06, 2024
Atty Loses Bid To Revive NJ Malpratice Suit Against 2 Firms
A New Jersey state appeals court on Friday upheld the dismissal of an attorney's common law fraud and negligence claims against two law firms for allegedly misrepresenting a debt he owed.
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September 06, 2024
Lowenstein Sandler Atty To Lead Rutgers Gymnastics Probe
Rutgers University has selected the leader of Lowenstein Sandler LLP's white collar defense team and chair of the firm's corporate investigations and integrity group to head an investigation into the university's women's gymnastics program amid widely publicized allegations of bullying by the team's head coach.
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September 06, 2024
2nd Circ. Tests Trump Bid To Overturn $5M Carroll Verdict
A Second Circuit panel indicated Friday that Donald Trump faces an uphill climb in seeking a new trial after a jury found he sexually abused writer E. Jean Carroll and awarded her $5 million in damages.
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September 06, 2024
Glioblastoma Org. Wants End To Rival's Use Of 'GBM'
The Glioblastoma Foundation has hit a competing nonprofit with a suit alleging that the group's use of the initials "GBM" in its name has ripped off its trademark and sown confusion among donors who can't tell the two organizations apart.
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September 05, 2024
Ohio Justices Craft New Jury Rule For Negligence Trials
An Ohio state appeals court on Friday reinstated a jury verdict clearing a hospital and others of liability in a suit accusing them of negligently causing a patient's death, and it set new guidelines for jury deliberations in all negligence cases.
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September 05, 2024
Law Firms Appeal Atty Fee Denial In Opioid Settlements
Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.
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September 05, 2024
NM AG Sues Snapchat Over Child 'Sextortion' And Abuse
New Mexico's attorney general on Thursday announced he has sued Snap Inc., alleging the social media company's policies and algorithm promote child sexual exploitation and the spread of child sexual abuse material.
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September 05, 2024
Panel Finds Colo. Attys Can't Poach From Current Employers
A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.
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September 05, 2024
Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal
Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.
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September 05, 2024
Coast Guard Cadets Claim Academy Allowed Assaults
The U.S. Coast Guard was hit with 13 administrative complaints Thursday alleging it failed to prevent sexual assaults of cadets at its academy in Connecticut, marking what the plaintiffs' attorneys say is the first collective action of its kind.
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September 05, 2024
3rd Circ. Relieves Insurer Of Additional UIM Coverage
The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.
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September 05, 2024
Biden Admin Issues Plans To Address PFAS Use, Exposure
The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.
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September 05, 2024
Berkshire Unit Owes $1M For Shooting, Ga. Man Says
A man shot during an armed robbery at a convenience store told a Georgia federal court that a Berkshire Hathaway unit must pay its full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner.
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September 05, 2024
Colo. Cannabis Co. Manager Stole $150K, Suit Claims
The two marijuana entrepreneurs behind the Euflora chain are once again back in court, with one of them accusing the other of stealing at least $150,000 from their enterprise, possibly to cover unpaid loans and taxes, according to a lawsuit filed in Colorado state court, which claimed the alleged theft comes after a string of erratic behavior.
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September 05, 2024
Colo. Election Denier Hit With $1K-A-Day Contempt Fine
A Colorado federal judge held a prominent 2020 election denier in contempt Wednesday for refusing to answer key questions during a deposition in a defamation suit brought by a former Dominion Voting Systems executive and then walking out in defiance, hitting the conspiracy theorist with a $1,000-per-day fine until he coughs up requested information.
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September 05, 2024
Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL
A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.
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September 05, 2024
Ahmaud Arbery's Mother Agrees To Dismiss One Of The Killers
The mother of Ahmaud Arbery, a Black man who was murdered by three white men while jogging in coastal Georgia over four years ago, on Thursday dropped one of her son's killers from a civil suit over his killing and the subsequent investigation.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 05, 2024
New Weinstein Charges Loom In NY As Women Step Forward
A New York state grand jury may indict Harvey Weinstein for additional sex crimes as soon as Friday based on allegations from three new complaining witnesses, a source familiar with the proceedings told Law360.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.