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Personal Injury & Medical Malpractice
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June 17, 2025
Feds Escape Suit Over NC Woman's Death In Mexico
A North Carolina federal judge freed the federal government from a lawsuit by the estate of a woman who died, allegedly by foul play, while vacationing in Mexico, finding that the targeted agencies are shielded under an exception in the Federal Tort Claims Act.
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June 17, 2025
Ga. Panel Considers New Statute In $46M Med Mal Case
Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.
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June 17, 2025
Medical Documents Fair Game In STD Suit, Ga. Panel Says
An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
11th Circ. Clears Carnival In Suit Over Sex Assault Of Teen
The Eleventh Circuit on Tuesday sided with Carnival Corp. in a suit from a passenger who sought to hold the cruise line liable for a sexual assault against her when she was 15, finding that the facts of the case didn't support the argument that it had notice of the risk of any assault.
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June 17, 2025
DOJ Urged To Add Prosecutors Amid Threats To Congress
Following the tragic shooting of Minnesota state lawmakers, the top Republican and Democrat on the committee that oversees the U.S. Capitol Police are asking the U.S. Department of Justice to give the force more prosecutorial resources.
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June 17, 2025
Ozempic, Wegovy Users Want NJ To Host Vision-Loss Suits
Twenty-one New Jersey-based plaintiffs who claim they suffered permanent vision loss after taking the blockbuster drugs Ozempic and Wegovy are seeking to consolidate their lawsuits as multicounty litigation against drugmaker Novo Nordisk, citing a growing body of scientific evidence linking the medications to a rare and irreversible eye condition.
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June 17, 2025
Insurer Can't Force Another To Cover Worker Injury Suit
An insurer cannot force another to defend a property owner in an underlying worker injury lawsuit through the doctrine of equitable estoppel after both insurers ultimately agreed the policy in question isn't triggered, a New York federal court ruled, finding the policy unambiguous.
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June 17, 2025
Delta Nearing Settlement In Jet Fuel Dumping Class Action
Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.
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June 17, 2025
NC University Fights Consolidation Of Sex Misconduct Suits
North Carolina State University told a federal judge it opposes combining two cases from former student-athletes who accuse the school's ex-director of sports medicine of sexual abuse, saying the cases differ too much to be consolidated.
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June 16, 2025
Monsanto Fights Plaintiffs' Billion-Dollar Ask In PCB Tort Trial
Nearly two dozen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury on Monday for a damages award of $1.1 billion to $3.3 billion, as the company's counsel countered the plaintiffs lack blood testing results and other key evidence to back their "extraordinary" request.
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June 16, 2025
Doctor Will Admit Dealing Ketamine That Killed Matthew Perry
A physician has agreed to plead guilty to helping supply the ketamine that killed "Friends" star Matthew Perry, according to a plea agreement filed in California federal court Monday.
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June 16, 2025
Tyler Perry Hit With 'The Oval' Actor's $260M Sex Assault Suit
Actor Derek Dixon has accused Tyler Perry of sexually harassing and assaulting him while he was a series regular on the media mogul's political drama, "The Oval," and then retaliating against Dixon when he didn't reciprocate Perry's unwanted advances, according to the actor's $260 million lawsuit filed in Los Angeles.
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June 16, 2025
Ritz-Carlton Defeats Semen-Contaminated Water Suit
A California federal judge Monday tossed a Washington husband and wife's lawsuit that alleged a Golden State Ritz-Carlton hotel served them bottled water contaminated with a hotel employee's semen, saying the couple failed to prove it was indeed a hotel employee who contaminated the water.
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June 16, 2025
Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case
Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.
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June 16, 2025
MyPillow CEO Hit With $2.3M Verdict In Colo. Defamation Trial
A Colorado federal jury on Monday found MyPillow CEO Mike Lindell and one of his companies liable for more than $2 million in damages in a defamation case accusing him of amplifying false claims that a former Dominion Voting Systems executive rigged the 2020 election against Donald Trump.
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June 16, 2025
Monsanto Ends Roundup Cancer Case With Midtrial Settlement
Monsanto confirmed Monday that it has settled a Texas man's Roundup cancer lawsuit shortly before closing arguments in the trial were set to begin.
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June 16, 2025
Pa. Court Revives Suit Over Patient's Bad Drug Reaction
A Pennsylvania appellate panel on Monday reinstated a suit accusing a doctor of causing a patient's fainting and subsequent broken leg due to negligently prescribed medication, saying the trial court erroneously approved a dismissal bid that a different judge previously rejected.
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June 16, 2025
Amazon Settles Blue Laser Eye Injury Suit
Amazon.com Inc. has settled a lawsuit that accused the e-commerce giant of selling a defective high-powered laser pointer that allegedly burned a hole in a child's eye and caused permanent vision loss.
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June 16, 2025
Ky. Judge Trims Firefighters' Claims In CSX Derailment Suit
A Kentucky federal judge said Monday that state law bars most claims in a personal injury lawsuit from seven firefighters alleging rail giant CSX Transportation Inc. is strictly liable for a 2023 derailment that exposed first responders to toxic fumes.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Ga. Panel Says Injured Worker Bound By Past Pleadings
The Georgia Court of Appeals has upheld an early win for an auto transport company and one of its drivers who allegedly injured another employee in a crash, ruling that his only path to resolving the dispute ran through the Peach State's workers' compensation statute.
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June 16, 2025
Firm Slams Insurer's Bid To Exit Malpractice Coverage Suit
A Berkshire Hathaway unit can't use misdirection to duck a negligence suit claiming the insurer's failure to defend a negligence lawsuit against a Georgia personal injury law firm led to a $2.6 million default judgment against the firm, according to a recent filing in Georgia federal court.
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June 16, 2025
Vet, Manager Can't Dodge $6M Horse Semen Suit, Farm Says
A horse farm told an Oregon federal judge that a veterinarian and a boarding manager can't escape a negligence and malpractice suit stemming from the destruction of $6.4 million worth of stallion semen, arguing the complaint successfully shows the two men violated consumer protections.
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June 16, 2025
Delta, Endeavor Want Delay Or Transfer Of Toronto Crash Suit
Delta Air Lines Inc. and Endeavor Air Inc. are asking a Georgia federal court to either stay or transfer a man's suit over injuries suffered in the Delta Flight 4819 crash earlier this year in Toronto, saying the court should wait until the Judicial Panel on Multidistrict Litigation decides whether to move it and similar suits to an MDL.
Expert Analysis
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.