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Personal Injury & Medical Malpractice
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May 19, 2025
Pa. Nursing Home Gets $2.7M Punitive Damages Award Axed
A Pennsylvania appellate panel on Monday vacated a jury's $2.7 million punitive damages award in a suit accusing a nursing home of negligently causing a resident's fractured hip, saying plaintiff's counsel was too late in alleging the home acted recklessly in caring for the resident.
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May 19, 2025
Protesters Say Fort Lauderdale Cops Can't Claim Immunity
Demonstrators who said the police improperly used were tear gas during a 2020 George Floyd protest urged a Florida federal court to not dismiss their proposed class action suit, arguing that they had presented enough facts to get past the Fort Lauderdale police officers' qualified immunity defense.
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May 19, 2025
Uber Pushes To Move Sex Assault Cases To Related Districts
Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.
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May 19, 2025
Insurer Says It Won't Cover Super Bowl Parade Shooting Suit
An insurer for a Kansas City, Missouri, sports nonprofit told a federal court it should owe no coverage for a lawsuit claiming a man was shot in the leg during a parade the group hosted after the Kansas City Chiefs won Super Bowl LVIII in 2024.
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May 19, 2025
Twins' Doc Not Liable For Ball Player's Death, Fla. Court Told
A Minnesota Twins physician told a Florida state court Monday that he can't be sued for negligence over the death of a minor league player he treated during spring training, arguing that Minnesota employment law shields him from liability even when treating players outside the state.
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May 19, 2025
Ex-Seton Hall President Says University Seeks To 'Muzzle' Him
Seton Hall University's former president told a New Jersey state court that he should be allowed to take part in an investigation into whether the school's current president knew of sexual abuse allegations and failed to report them.
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May 19, 2025
Pa. County Must Face Suit Over Ex-DA's Sex Assault
The government of Somerset County, Pennsylvania, can't duck a lawsuit brought by a woman who claims the county should have stopped its then-district attorney from stalking, harassing and sexually assaulting her, a federal judge ruled Monday.
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May 19, 2025
SharkNinja Blender Defect Caused Severe Burns, Suit Says
A Tennessee woman suffered severe burns after the lid of her SharkNinja single-serving blender popped off due to a design flaw, causing hot milk and oatmeal to explode out of the cup, according to a suit filed in Massachusetts state court.
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May 16, 2025
Fla. Gov. Says He Will Veto Bill To Expand Death Damages
Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.
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May 16, 2025
Injured Ross Shopper Sanctioned For Discovery Violations
A woman suing Ross Dress for Less Inc. for injuries she suffered in a fall was sanctioned for failing to disclose that she received medical treatment stemming from a car accident two years prior, but a Florida federal judge stopped short of granting the "ultimate" sanction of dismissal.
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May 16, 2025
Oakland Cops Denied Immunity In Deadly High-Speed Chase
The Ninth Circuit ruled Friday that two Oakland police officers violated the rights of innocent bystanders and are not entitled to qualified immunity following a high-speed pursuit that left one person dead and several others injured.
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May 16, 2025
Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case
The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."
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May 16, 2025
Insurers Need Not Pay In Workplace Accident, NJ Panel Says
A New Jersey appellate panel affirmed a lower court judgment on Friday, finding that due to policy language, insurers didn't have to cover a $1.25 million agreement between an injured and now-deceased worker and his employer that could only have been paid by the carriers.
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May 16, 2025
Houston Church Settles Claims It Enabled Predatory Pastor
A Baptist megachurch in Houston and the Southern Baptist Convention have settled a lawsuit brought by three women who alleged the church enabled and encouraged a sexual predator.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Seton Hall Asks NJ Judge To Toss Hoopsters' Injury Claims
The head athletic trainers at Seton Hall University did not misdiagnose, mistreat or mishandle injuries sustained by two basketball players now suing them for gross negligence, the university told a New Jersey federal judge in its attempt to dismiss the case.
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May 16, 2025
Texas Justices Free Walgreens From Shopper's Theft Dispute
The Texas Supreme Court ruled Friday that Walgreens can escape a shopper's negligent hiring claim under the state's law against strategic lawsuits against public participation, or anti-SLAPP statute.
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May 16, 2025
Feds Want Ex-McKinsey Exec To Serve Time For Obstruction
Prosecutors urged a Virginia federal judge Thursday to sentence a disbarred, former senior McKinsey & Co. partner to one year in prison for obstructing an investigation into the consulting giant's work with opioid-manufacturer Purdue Pharma, while defense counsel pushed for probation so that he can return to his home in Thailand.
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May 16, 2025
Mich. Court Orders Redo Of Motorist's Insurance Award
A judge erroneously factored in a semi-paralyzed man's future care in allotting him the bulk of an insurance payout, a Michigan state appeals court said, partially reversing the decision at the request of two healthcare providers that had competing claims.
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May 16, 2025
Paralyzed Motorcyclist Fights Trade Group's Bid To Exit Suit
A motocross rider paralyzed during a competition has told a Florida federal court that a release signed by him should not be enough for the American Motorcycle Association to escape his negligence lawsuit because the document is mostly unenforceable under state law.
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May 16, 2025
Georgia Firm Can't Pursue Lien In Ex-Client's Dismissed Suit
The Georgia Court of Appeals on Friday blocked law firm Howe & Associates PC from reviving a former client's suit to pursue a lien for attorney fees.
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May 16, 2025
Ex-Womble Bond Atty Heads To Chicago With Shook Hardy
Shook Hardy & Bacon LLP has expanded its Chicago office with the recent addition of an attorney with nearly 40 years of experience representing clients in mass tort matters and commercial disputes.
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May 16, 2025
Trump Says Pa. Law Gives Him Immunity In Central Park 5 Suit
Donald Trump renewed a push Thursday to dismiss the defamation case the Central Park Five brought over comments he made while campaigning, arguing that his remarks that they "pled guilty" were immune from liability under Pennsylvania's Uniform Public Expression Protection Act.
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May 16, 2025
Progressive, Kanner & Pintaluga Slam Accident Data Suit
Progressive Casualty Insurance Co. and Kanner & Pintaluga PA have filed separate motions in Texas federal court to dismiss a proposed class action accusing the two of conspiring to share auto crash victims' private information against state and federal law, with each arguing that the allegations, as the insurer put it, "make no sense."
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May 16, 2025
Criminal Case Dropped Against Girardi In Illinois
An Illinois federal judge has nixed the criminal charges against disbarred attorney Tom Girardi after the government's move to dismiss the case, citing his age and conviction in California.
Expert Analysis
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.