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Personal Injury & Medical Malpractice
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March 11, 2024
3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban
A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.
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March 11, 2024
Ohio Panel Backs Boys Home's Early Win Over Car Death Suit
An Ohio state appeals court backed an early win Monday given to a Cincinnati-area group home for "wayward boys" against claims that it negligently failed to supervise a boy in its care who then drove a car without a license, crashed and caused the death of one of his passengers.
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March 11, 2024
FTC, 10 States Sue 'Sham' Women's Cancer Fund
The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.
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March 11, 2024
Philly DA Can't Escape Sanctions Over Lack Of Candor
A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.
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March 11, 2024
Urologist Seeks Coverage For Defective Penile Implants Suit
A urologist's medical device company told a California federal court that two insurers must cover it, the doctor and his practice in an underlying class action alleging that a silicone implant invented for penile enlargement, and the procedure that went with it, left patients with permanent damage.
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March 08, 2024
Inside The Climactic Clash Over Skyrocketing MDL Caseloads
A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.
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March 08, 2024
Gun Group Shoots Blank Trying to Block Wash. Firearm Law
A Washington federal judge on Friday shut down a gun trade group's efforts to block a new Washington state law seeking to hold gunmakers and sellers liable in some instances.
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March 08, 2024
20 States Urge Justices To Block 5th Circ. 'Ghost Gun' Ruling
The District of Columbia and 20 states are urging the U.S. Supreme Court to review a Fifth Circuit order that allowed two companies to sell so-called ghost guns, which lack serial numbers, saying that without federal regulation, soaring sales of the weapon kits has caused a spike in crime.
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March 08, 2024
Lizzo Seeks $85K In Fees For Partial Win In Dancers' Suit
Pop star Lizzo has asked a California state judge for nearly $85,000 in fees to fend off her former dancers' disability discrimination and tortious interference claims, arguing that she significantly streamlined the scope of the dispute, which wasn't a "straightforward matter" and dealt with complex First Amendment issues.
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March 08, 2024
'It Erases Us': Sex Abuse Survivors Troubled By Wash. Bill
Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill's retroactivity, saying the legislation doesn't go far enough to hold abusers accountable.
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March 08, 2024
Mass. Justices OK Town's 'Clever' Gradual Tobacco Ban
A Massachusetts town's admittedly novel bylaw phasing out the sale of tobacco by prohibiting sales to anyone born in this century could become a model for other local communities after the regulation withstood a legal challenge by a group of retailers at the state's highest court Friday.
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March 08, 2024
Harvard Prof Fights Release Of School's Data Fraud Report
A Harvard researcher put on leave for allegedly fabricating research data told a Boston federal judge Friday it would be "poor policy" to let the school make public an internal 1,200-page report to dispute claims in a $25 million defamation suit she filed after her employer's accusations placed her at the center of a "media firestorm."
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March 08, 2024
Exclusion Bars Coverage For Ga. Fair E. Coli Suit
Nautilus Insurance Co. has no duty to defend or indemnify a harvest fair accused in an underlying state court suit of exposing two children to E. coli, a Georgia federal court has ruled, saying an infectious disease exclusion unambiguously precludes coverage.
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March 08, 2024
Trump Staves Off $83M Carroll Award With $91M Chubb Bond
Chubb has written Donald Trump a $91.6 million bond so the former president can avoid paying writer E. Jean Carroll $83 million while he appeals a Manhattan federal jury's defamation verdict, according to Friday court filings.
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March 08, 2024
Off The Bench: Dartmouth Union, Iowa Betting Case Folds
In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 08, 2024
Baldwin's Good, Bad And Ugly Takeaways From 'Rust' Trial
"Rust" armorer Hannah Gutierrez-Reed's involuntary manslaughter conviction in the shooting of a cinematographer poses problems for Alec Baldwin as he prepares for trial on a similar charge, but the actor-producer and his lawyers also got an unusual and invaluable preview of the prosecution's playbook.
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March 08, 2024
Thompson Coburn Duo Lead 'Army Of Women' In Documentary
In waging an uphill battle against the city of Austin, Thompson Coburn LLP partners Jennifer Ecklund and Elizabeth Myers secured a groundbreaking settlement for sexual assault survivors whose cases were never prosecuted, but what they discovered was that standing up for the survivors meant more to them than that legal victory.
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March 08, 2024
Colorado Firm Must Face Atty's Claim Over Alleged Retaliation
A Colorado state judge has ruled that a personal injury firm that sued a former attorney for allegedly trying to dodge a prior judgment must face her counterclaim accusing the firm of filing a retaliatory action after she accused it of unfair labor practices.
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March 08, 2024
Catholic Group Gets $2M Fee Award In Boy Scouts' Ch. 11
A Delaware bankruptcy judge on Friday awarded an ad hoc group of Roman Catholic organizations just over $2 million in legal fees and expenses in the Boy Scouts of America's Chapter 11 case, saying it had made a substantial contribution to the group's bankruptcy plan.
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March 08, 2024
CSX's Georgia Backroads Bridge Caused Crash, Suit Says
Railway giant CSX was hit with a lawsuit in Georgia federal court Thursday alleging that lax upkeep of a backroads bridge led to a woman's car crash.
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March 08, 2024
Justices Urged To Review Immunity Law In Snapchat Abuse Suit
A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.
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March 07, 2024
Fla. Justices Won't Reinstate $31M Award In Hit-And-Run Suit
An overturned $31 million jury award won't be reinstated by the Florida Supreme Court, which ruled Thursday that a bar accused of negligently serving alcohol to an underage person who later hit an intoxicated teen with his car and fled the scene should have been allowed to argue that the teen was partially at fault.
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March 07, 2024
9th Circ. Gives Salvadoran Woman 2nd Chance At Asylum
A Ninth Circuit panel unanimously ruled that the U.S. Board of Immigration Appeals must assess the Salvadoran government's ability to protect a woman facing deportation after seeking asylum, saying the agency had only determined that the government was willing to pursue her persecutors.
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March 07, 2024
Atlanta Stadium Not Liable For Football Brawl, Ga. Court Says
The Georgia Court of Appeals on Wednesday upheld a trial court's ruling that Atlanta's Mercedes-Benz Stadium can't be held liable for injuries a woman sustained in a brawl at a 2017 college football game, but said the men she fought with will have to face her assault and battery claims.
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March 07, 2024
USA Swimming Wants Watchdog Org To Pay For Probe Case
USA Swimming filed a lawsuit in Colorado state court Thursday against a sports nonprofit seeking indemnification for a Washington lawsuit over allegedly false sexual misconduct accusations against a minor swimmer, arguing that the nonprofit should have to pay for the litigation because it bungled an investigation into the misconduct allegations.
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Considerations For Assumption Of Risk In NY Sports Suits
The New York Court of Appeals' recent opinion in two cases on the assumption of risk doctrine in sports activities demonstrates that the doctrine serves as a complete bar to recovery in limited circumstances, despite the enactment of Civil Practice Law and Rules Article 14-A, say Frank Izzo and Joseph Pidel at Rivkin Radler.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit
Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.
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Trump Sex Abuse Trial Loss Charts Evidence Rules Road Map
E. Jean Carroll’s trial victory Tuesday — in which a Manhattan federal jury held former President Donald Trump liable for sexual abuse and defamation — demonstrates how attorneys can strategically invoke evidentiary rules pretrial, and provides a template for other survivors to hold defendants to account, say attorneys Reuben Guttman and Whitney Untiedt.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Md. Abuse Law Makes Past Liability Coverage Review Vital
Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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What Del Mar Jiu-Jitsu Case Means For Martial Arts Liability
The $46 million verdict recently handed down by a jury in California state court in Jack Greener v. Del Mar Jiu-Jitsu Club puts the martial arts community on notice that litigation over sparring-related injuries may increase — so gym owners should review their legal liabilities and insurance coverage, says Gabriel D'Antonio at Gordon & Rees.
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Unpacking NY's Revamped Wrongful Death Bill
Legislation to amend New York’s wrongful death law, introduced May 2, proposes more limited reforms than an earlier version the governor vetoed in January, but will likely still face strong opposition due to the severe financial impacts it would have on insurers’ set premiums and reserves, say Eric Andrew and David Adams at Hurwitz Fine.
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The Rise Of 'Safetyism' Has Entered The Courtroom
A new survey sheds light on the growing prevalence of safetyism — a fixation with minimizing all risk of harm — in litigation, as jurors have increased expectations for product and corporate safety standards, though attorneys can use several strategies to reduce the impact of these fallacious decision-making patterns, say Jill Leibold and Nick Polavin at IMS Consulting.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.