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Personal Injury & Medical Malpractice
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May 13, 2025
Law Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
Buzbee Beats Suit Claiming He Coerced Client To Settle
Texas attorney Anthony Buzbee, who is making headlines by filing sexual abuse lawsuits against music mogul Sean "Diddy" Combs, has defeated a malpractice suit filed in Louisiana federal court by a ship captain alleging that the attorney pushed him to settle a work injury claim, then took 98% of the final disbursement.
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May 13, 2025
NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.
Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.
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May 13, 2025
'Popular Monster' Singer Must Pay YouTuber's Atty Fees
The singer for rock band Falling In Reverse, Ronnie Radke, must pay defense attorney fees and costs incurred by a YouTube personality he sued for defamation after a Connecticut state judge tossed the lawsuit for running afoul of the state's anti-SLAPP statute.
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May 13, 2025
Ga. Justices Revives Claim Over Med Student's Negligence
The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.
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May 13, 2025
Venable Wants Out Of 'It Ends With Us' Subpoena
Venable LLP asked a D.C. federal judge to toss a subpoena of the firm stemming from litigation between actors Blake Lively and Justin Baldoni over the movie "It Ends with Us," accusing Baldoni and his production company of embarking on an "unwarranted fishing expedition."
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Pa. Mental Health Rejection Suits Could Rise, Atty Says
The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.
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May 12, 2025
'Stop Talking,' DC Judge Tells Atty For Ashli Babbitt Estate
Counsel for the estate of Ashli Babbitt received a dressing down Monday from the D.C. federal judge overseeing the wrongful death suit against the government after repeatedly interrupting her during a hearing over another attorney's claim that he's owed a slice of the settlement pie.
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May 12, 2025
Hawaii Judge Awards Damages For Navy's Red Hill Fuel Leaks
A Hawaii federal judge has said the U.S. government should pay more than half a million dollars in damages to 17 bellwether plaintiffs who sued after fuel leaks at a since-shuttered Navy storage facility contaminated their drinking water.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Fla. Court Orders Hearing On Ineffective Counsel Claims
A Florida state appeals court has ruled that a lower court must hold a hearing to assess evidence put forward by a man who claims ineffective counsel led him to be found guilty of a second-degree firearm offense and sentenced to 30 years in prison.
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May 12, 2025
Ex-Ga. Teacher Aims To Keep COVID Leave Claims Alive
A former Fulton County, Georgia, teacher who said she was forced out of her job by her district's refusal to accommodate her disability during the COVID-19 pandemic has urged a federal judge to keep her suit alive, objecting to a magistrate judge's finding that she waited too long to act on her allegations.
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May 12, 2025
Leon Black's Subpoena Suits Unsealed In Apollo Founder Row
A New York state judge Monday revealed details in former Apollo Global Management CEO Leon Black's ongoing arbitration battle with co-founder-turned-nemesis Josh Harris, as the court unsealed three related subpoena enforcement suits.
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May 12, 2025
Fla. Man Says Seat Defect Injured Him On Air France Flight
A Florida man is suing Delta Air Lines Inc. and Air France KLM SA in Georgia federal court, alleging he tripped and fell because of a malfunctioning seat at the end of an international flight, causing him serious and permanent injuries.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Attys Face Sanctions Motion Over Combs Assault Suit
Comedian Drew "Druski" Desbordes wants a California federal court to sanction the attorneys who've accused him of participating in a violent Bay Area gang rape alongside embattled rapper Sean "Diddy" Combs, claiming they willfully ignored a mountain of exonerating evidence.
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May 12, 2025
MSG Blames Microsoft Glitch For Missing Emails In Court
Madison Square Garden has urged a New York federal judge to reject former New York Knicks player Charles Oakley's motion for spoliation sanctions amid his assault suit, arguing missing emails were lost due to a Microsoft glitch, and that Oakley did not suffer prejudice because key evidence had been preserved through other sources.
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May 12, 2025
Texas Justices Say Nursing Home Can Appeal $7.1M Verdict
The Texas Supreme Court has revived a nursing home's appeal of a $7.1 million injury verdict in favor of one of its employees, saying the nursing home has shown that it did not have actual notice of the judgment and is entitled to an extension to the filing deadline.
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May 12, 2025
Diddy Abuse Case About 'Private' Sex Life, Atty Tells Jury
Sean "Diddy" Combs is a "complicated man" whose allegedly violent sexual relationships involved "voluntary adult choices," a lawyer for the hip-hop icon told a Manhattan federal jury Monday at the start of a trial on sex-trafficking charges that could put him in prison for life.
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May 09, 2025
Diddy Wasn't Targeted Due To His Race, NY Judge Rules
A New York federal judge refused Friday to toss charges against Sean "Diddy" Combs, rejecting the hip-hop mogul's contention that federal prosecutors targeted him in a racketeering and sex trafficking suit for being Black.
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May 09, 2025
Atlanta Sued Over Ex-Cop's Sexual Assault Of Teen
The city of Atlanta and a former police officer were hit with a civil rights lawsuit from a mother and her teenage daughter who said the officer sexually assaulted the girl when he stopped under the guise of helping her after a serious car crash.
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May 09, 2025
Texas Justices Let Home Depot Off Hook In Cop Shooting Suit
The Texas Supreme Court on Friday tossed a suit seeking to hold Home Depot and an off-duty police officer serving as a security guard liable for the shooting death of a responding police officer, saying police officers trying to prevent crimes even when off duty are entitled to immunity.
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May 09, 2025
Florida Atty Loses Law School Loan Appeal In Connecticut
A Connecticut state appeals court backed a lower court decision on Friday that said a Florida attorney must repay $30,000 to his ex-girlfriend and mother of his child, a woman whom a state trial court said "unwisely cosigned" on his law school loans and made payments on them.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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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.