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Personal Injury & Medical Malpractice
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May 19, 2025
Ex-OneTaste Staffer Says Sexual Labor Was Part Of The Job
A former OneTaste sales employee and "coach" testified Monday in the trial of two former executives, saying she was directed to engage in sexual activity while working a grueling schedule for the sex-themed wellness company, one of multiple ex-staffers to say they suffered psychological harm from their time at OneTaste.
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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."
Expert Analysis
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.