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Personal Injury & Medical Malpractice
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April 23, 2025
3rd Circ. Backs Health Network In Suit Over Malpractice Case
The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Judge Orders MyPillow Attys To Explain AI Use, Fake Citations
A Colorado federal judge on Wednesday ordered two attorneys for MyPillow CEO Mike Lindell to explain why she shouldn't refer them for discipline for a brief full of misquotes, miscited cases and references to cases that "do not exist," noting that it wasn't until she asked about artificial intelligence that one of the lawyers admitted to his use of it.
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April 23, 2025
Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case
Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs couldn't show that the court retains personal jurisdiction over it.
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April 23, 2025
Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle
A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.
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April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste
Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
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April 23, 2025
Railcar Co. Owes Nothing In $600M Ohio Derailment Deal
A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
Ex-Morgan & Morgan Client Seeks Remand In Malpractice Suit
A former client of Morgan & Morgan has urged a Georgia federal court to return his proposed class action to state court, arguing that his complaint accusing the firm and a trial attorney of legal malpractice is a "local controversy" while the firm says he should arbitrate his claims.
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April 23, 2025
Weinstein Challenges Accusers' Credibility As Retrial Begins
Harvey Weinstein's attorney told a majority-women jury in his sexual assault retrial Wednesday that the "casting couch is not a crime scene" and that he merely had "mutually beneficial" relationships with aspiring actresses who later accused him of rape and sexual violence.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
New Videos Undercut Ex-Knick's Assault Claim, Judge Hints
A federal judge said Wednesday that new videos appear to show former New York Knicks player Charles Oakley slipping — not being pushed — during a 2017 altercation with Madison Square Garden security, evidence MSG's lawyers say disposes of his assault claims.
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April 23, 2025
No Coverage For Shopping Mall In Shooting Suit, Insurer Says
Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
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April 22, 2025
Girardi's Son-In-Law Wants Chicago Client Theft Case Tossed
Disbarred attorney Tom Girardi's son-in-law Tuesday urged an Illinois federal court to toss a superseding indictment accusing him of helping steal millions from clients of the now-defunct Girardi Keese, saying prosecutors created confusion around the charged offenses by highlighting California legal ethics rules without explaining their relevance, "if any."
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April 22, 2025
Wyndham Must Face Suit Alleging It Enabled Sex Trafficking
A New Jersey federal judge Tuesday rejected Wyndham Hotels' bid to escape a woman's lawsuit accusing the company and one of its franchisees of ignoring signs she was trafficked for sex at a Hawthorne Suites in Northern California, finding the woman sufficiently alleged Wyndham was liable for her injuries.
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April 22, 2025
Buffalo Diocese Agrees To Pay $150M To Sex Abuse Survivors
The Roman Catholic Diocese of Buffalo, New York, on Tuesday announced it has reached a $150 million agreement in principle that would settle the diocese's liability for about 900 claims of child sexual abuse.
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April 22, 2025
'Contract' Key To Law School Loan Appeal, Conn. Court Told
A Florida employment attorney is wrong to argue that a family court order qualifies as a contract, counsel for the mother of his child told the Connecticut Appellate Court on Tuesday in defending her win in an unjust enrichment case over his student loan payments.
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April 22, 2025
ESPN's Sharpe Threatens Suit Against Nev. Rape Accuser
Pro Football Hall of Famer and current ESPN broadcaster Shannon Sharpe on Tuesday denied accusations in a $50 million Nevada state civil suit by a former girlfriend that he raped and threatened to choke her, saying in a social media video that he planned to sue her for defamation.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Customer Sues Amazon Over Burns From Heating Pad
A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.
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April 22, 2025
Tesla Reaches Settlement With Widow In Wrongful Death Suit
Tesla Inc. has reached a settlement resolving a woman's wrongful death suit claiming her husband was killed after his Tesla Model Y suddenly accelerated and crashed into a gas station pump support column, according to a notice filed Monday in California federal court.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
Death Suit Against Jet Ski Co. Meets Skeptical Wash. Panel
A Washington state appellate panel expressed skepticism on Tuesday of a family's appeal in a wrongful death case against a jet ski rental shop, with one judge suggesting it was "total speculation" that the fatal accident was triggered by high winds the business should have warned patrons about.
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April 22, 2025
Calif. Judge Who Shot Wife Convicted Of 2nd Degree Murder
A Santa Ana jury on Tuesday found Orange County Superior Court Judge Jeffrey Ferguson guilty of second-degree murder in the August 2023 shooting death of his wife, convicting the judge in a retrial just weeks after a previous jury hung on the charges.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Opinion
US Labor And Employment Law Holds Some Harsh Trade-Offs
U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.