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Personal Injury & Medical Malpractice
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June 04, 2024
Ga. Appeals Court Pulls Trucker Back Into Crash Suit
The Georgia Court of Appeals revived in part a suit over who was at fault in a 2016 crash between an Iron Mountain Inc. truck and a car on a Peach State road, saying the lower court failed to acknowledge questions that could only be answered at trial.
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June 04, 2024
GM Ends Ga. Crash Suit That Nearly Forced CEO To Testify
General Motors and the widower of a woman whose death was alleged to have been caused by one of its vehicles have reached an agreement to end long-running wrongful death litigation that at one point threatened to force the company's CEO to testify, the parties said.
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June 04, 2024
Psychiatrist's Billing Scheme Warrants 11 Years, Feds Say
A psychiatrist convicted of billing Medicare and private insurers for $19 million worth of treatments he never provided should serve more than 11 years in prison for the "brazen, greed-fueled" fraud scheme, prosecutors have told a Boston federal judge.
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June 04, 2024
SC Man Gets 7 Years For Threatening Fed. Judge, Courthouse
A South Carolina federal judge on Tuesday granted prosecutors' request for an upward departure from a sentencing advisory by giving a seven-year prison sentence to a man who copped to sending a letter threatening to kill a federal judge and warning that he might blow up a courthouse.
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June 04, 2024
Champion Sports Settles Hurdle Injury Suit With Athlete
Champion Sports has settled claims that it sold a gym a defective hurdle that impaled a gym-goer after he failed to jump over it, according to documents filed recently in South Carolina federal court.
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June 04, 2024
Liberty Mutual Wants NJ Judge Removed From Accident Case
Liberty Mutual urged a New Jersey federal judge to recuse himself from a construction accident coverage case Monday arguing that he failed to disclose at the beginning of litigation that he holds multiple policies with the insurer dating back to 1980 and was previously investigated over a missing jewelry claim.
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June 04, 2024
Alaska Airlines Passengers Drop Boeing 737 Blowout Suit
A group of passengers has agreed to drop claims against The Boeing Co., supplier Spirit AeroSystems and Alaska Airlines over the Jan. 5 mid-flight door plug blowout on a Boeing 737, according to a stipulated dismissal notice filed in Washington state court.
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June 04, 2024
Ga. Man Sues Feds Over USPS Crash Injuries
The federal government, U.S. Department of Justice, U.S. Postal Service and a USPS driver are being sued by a man who said he spent more than $14,000 to treat injuries he sustained during a collision purportedly caused by the USPS driver's failure to yield while turning left.
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June 04, 2024
Conn. Judicial Marshal Charged With Workers' Comp Fraud
A judicial marshal for the Connecticut Judicial Branch has been arrested and charged with trying to steal $891.52 in workers' compensation benefits after he was injured while trying to restrain a prisoner, prosecutors said.
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June 04, 2024
Baldwin Prosecutors Seek Immunity For Armorer's Testimony
New Mexico state prosecutors asked a judge Monday to grant immunity to a convicted "Rust" film armorer in a bid to compel her to take the stand during actor-producer Alec Baldwin's upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.
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June 04, 2024
Crash Victim Asks 11th Circ. To Revive Suit Against Port Co.
A man who was hit by a dockworker driving his pickup truck at the Port of Savannah urged the Eleventh Circuit on Tuesday to revive his claims against the worker's employer, arguing that the worker was already on the job and not commuting when he caused the crash.
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June 04, 2024
GRSM50 Gains Liability Partner In San Diego
Gordon Rees Scully Mansukhani LLP, the firm now known as GRSM50, has hired an attorney from Murchison & Cumming LLP, who joins the firm in California to continue her general liability practice, the firm announced Monday.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
TikTok Profits Off Of Child Sex Trafficking, Utah Alleges
Utah's Division of Consumer Protection hit TikTok Inc. with a lawsuit in state court Monday, accusing the social media giant of intentionally profiting off of child sex trafficking by implementing an unregulated virtual currency system in its live-streaming feature that allows children to be sexually exploited by adult viewers.
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June 03, 2024
Hooters Can't Yet Ditch Ex-Workers' Sex Harassment Claims
A California appellate court has refused to undo a lower court's decision finding that Hooters of America must continue to fight former servers' allegations that they were harassed and abused at work, ruling that Hooters hasn't met its burden of showing that it was entitled to summary adjudication.
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June 03, 2024
Colo. Gov Signs Compromise Bill Raising Damages Caps
Colorado Gov. Jared Polis on Monday signed a law that will increase statutory caps on noneconomic damages for wrongful death and injury claims, as part of a deal to avoid a ballot-box fight between medical providers and personal injury lawyers.
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June 03, 2024
No Sanctions For 'Fraudulent' Signatures In 3M Earplug MDL
A Florida federal judge has decided against sanctioning two law firms that signed documents in place of their clients but chastised their lawyers' "obviously improper" act, which could have cut their clients out of their share of the $6 billion settlement in the 3M combat earplugs multidistrict litigation.
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June 03, 2024
Royal Caribbean Sued Over Ship's Wave Simulation Attraction
Royal Caribbean was hit Monday with a lawsuit in Florida federal court alleging its FlowRider wave simulation attraction on one of its cruise ships was "unreasonably dangerous" and led to a passenger being injured.
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June 03, 2024
Chile Soccer Club Ex-Prez Says Amazon Series Defamed Him
The Amazon Prime drama series "El Presidente" defamed the former president of a Chilean football club by depicting him committing a variety of fabricated crimes related to the 2015 FIFA scandal, a new suit in Florida federal court alleged.
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June 03, 2024
Sandy Hook Families Seek To Liquidate Alex Jones' Media Co.
Creditors of right-wing conspiracy theorist Alex Jones' media company Free Speech Systems have asked a Texas bankruptcy judge to convert its Chapter 11 to a Chapter 7, saying liquidation is the only realistic route for creditors to get paid as the separate bankruptcies of the InfoWars parent and Jones near their close.
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June 03, 2024
NY 'No-Fault' Insurance Fraudster Gets 10 Years
A federal judge on Monday sentenced the ringleader of an insurance fraud scheme to the maximum term of 10 years in prison for what prosecutors say was a bribery-fueled, 14-year, $60 million scam that exploited New York's no-fault laws.
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June 03, 2024
Surgeons Denied Early Exit From GEICO's Bogus Injury Suit
A pair of orthopedic surgeons can't escape GEICO's lawsuit claiming they conspired with a personal injury attorney to file inflated insurance claims for car accident victims based on bogus medical documents, a North Carolina federal judge ruled Monday.
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June 03, 2024
New Mexico AG Beats Meta's Bid To Toss Child Abuse Suit
Social media company Meta can't escape a lawsuit claiming sexual predators were allowed to abuse children on Facebook and Instagram, after a New Mexico state judge rejected Meta's claims for immunity under Section 230 of the Communications Decency Act.
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June 03, 2024
Jeep Driver Files Proposed Class Suit Over Battery Defect
Stellantis North America has been slapped with a proposed class action in California federal court alleging that although the carmaker's 2021 Jeep Wrangler Unlimited 4XE suffers from a serious battery system defect, the company has refused to issue a recall or fix the vehicles.
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June 03, 2024
Ga. Prison Official Aided Stabbing, Ex-Inmate Says
A former Georgia prison inmate has accused the state of complicity in his stabbing at the hands of another inmate who was not only allowed to work as an orderly in a mental health unit, but was given the green light to carry out the attack by a state corrections officer.
Expert Analysis
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.