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Personal Injury & Medical Malpractice
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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.
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June 16, 2025
All 50 States Agree To Purdue Pharma's $7.4B Settlement
Attorneys general from 55 U.S. states and territories on Monday backed Purdue Pharma's $7.4 billion deal to settle opioid injury claims against the company and the Sackler family, almost a year after the U.S. Supreme Court threw out Purdue's previous plan to end litigation over its role in the opioid epidemic.
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June 16, 2025
Justices Turn Away Merck's Bone Drug Warning Label Row
The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.
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June 16, 2025
Justices Take Up NJ Anti-Abortion Group's Subpoena Fight
The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.
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June 13, 2025
Judge Upholds Dallas Ordinance Limiting Adult Biz Hours
A Texas federal judge upheld a Dallas ordinance requiring sexually oriented businesses to close for four early morning hours as a bid to reduce crime, shooting down a trade association and adult businesses' attempt to cast doubt on the city's rationale for the measure.
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June 13, 2025
Ga. Landowners Sue Carpet, Chemical Makers Over PFAS
Shaw Industries, Mohawk Industries, 3M Co. and several other major carpet manufacturers and chemical makers face a trio of new lawsuits accusing them of contaminating soil, dust and water across north Georgia with so-called forever chemicals.
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June 13, 2025
Vt., Minn. Move To Boost Social Media Protections For Kids
Vermont has become the latest state to enact legislation to require social media providers to bolster data privacy and safety protections for children, while Minnesota lawmakers sent to the governor's desk a first-of-its-kind bill to require mental health warning labels on these platforms.
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June 13, 2025
1st Amendment Shields MyPillow CEO From Claims, Jury Told
Attorneys representing MyPillow CEO Mike Lindell in his defamation trial told a Colorado federal jury on Friday that their client's words are shielded by the First Amendment, urging the eight-person panel to ignore a former Dominion Voting Systems employee's attempts to confuse them.
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June 13, 2025
Social Media Addiction MDL Judge Picks Bellwether Trial Pool
A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, South Carolina and Arizona.
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June 13, 2025
Wash. Judge Tosses IUD Suit Against Bayer For Good
Bayer has beat a negligence lawsuit filed by a woman who claims its Mirena IUD perforated her uterus and migrated after the patient failed to oppose the company's motion to dismiss, a Washington federal judge ruled.
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June 13, 2025
10th Circ. Affirms Expert DQ In Sig Sauer Gun Discharge Suit
Gunmaker Sig Sauer Inc. scored a win at the Tenth Circuit on Friday with the panel disqualifying two experts who were ready to testify that its P320 pistol was defectively designed, giving the company an appeals court ruling to lean on as it continues to fend off a rash of suits claiming the gun fires unintentionally.
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June 13, 2025
$1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says
A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.
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June 13, 2025
Electronic Tablets Allow Inmates To Connect — With A Cost
Authorities say the increased use of electronic tablets in prisons and jails helps inmates communicate with family and access entertainment, but advocates warn that the tablets lead to less connection, more surveillance and greater profits for prison telecoms.
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June 13, 2025
Michigan AG Sues Auto Suppliers Over Toxic Pollution
The Michigan Attorney General's Office alleged two auto parts suppliers illegally discharged untreated contaminated water that reached multiple bodies of water and emitted an unlawful amount of air pollutants in a new complaint seeking civil penalties and contamination cleanup costs.
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June 13, 2025
Trucker Avoids Sanctions In Fla. Suit Over Deadly I-95 Crash
A Florida state court judge on Friday refrained from penalizing a freight company and driver for reneging on drawn-out challenges to discovery requests in a lawsuit accusing them of negligence in a multi-vehicle crash that killed four people along Interstate 95, but overruled some objections after deeming the information relevant.
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June 13, 2025
Chervon, Lowe's Say Recall Blocks Explosive Battery Suit
Chervon North America Inc. and Lowe's Home Centers LLC urged an Illinois federal court Friday to throw out a proposed class action alleging they made and sold lithium-ion batteries that were prone to overheating and combusting, saying a December recall already provided all the relief the plaintiffs could receive.
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June 13, 2025
2nd Circ. Won't Rehear Trump Appeal Of $5M Assault Verdict
The full Second Circuit refused Friday to revisit President Donald Trump's challenge to writer E. Jean Carroll's $5 million sexual assault finding against him, with two judges dissenting.
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
Repair Co. Must Still Fight Air Charter Co.'s 'Hot Start' Suit
A Kansas federal judge on Friday refused to hand a full win to a repair company in a suit by a charter flight company alleging one of its planes was damaged by a faulty part causing a "hot start," after a magistrate judge declined to exclude the charter company's expert.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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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.