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Personal Injury & Medical Malpractice
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May 07, 2025
Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed
A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.
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May 07, 2025
Mich. Justices Mull 'Straddle Policies' In No-Fault Cases
The Michigan Supreme Court on Wednesday considered whether insurance policies that straddle the date no-fault reforms went into effect should be subjected to post-reform increased limits for liability and scheduled medical care reimbursement rates.
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May 07, 2025
Splenda Maker Can't Claim Scientist's Research Is 'Defamation'
A North Carolina federal judge has partially dismissed claims from the maker of sweetener Splenda alleging that a scientist defamed the company by saying in a television interview that Splenda contains a harmful chemical, saying accurately stating the results of her research is protected by the First Amendment.
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May 07, 2025
Boarding School Not Covered In Sex Abuse Suit, Insurer Says
An insurer for a private boarding school told a Massachusetts federal court it owes no coverage to the school and its former head for a civil lawsuit accusing a former teacher of sexually abusing students, pointing to separate exclusions barring coverage for abuse and known wrongful acts.
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May 07, 2025
Wyndham Sued Over Drowning In Miami Beach Rip Current
The estate of a New York man who drowned after being caught in a rip current on Miami Beach has sued Wyndham Hotels and Resorts LLC, claiming its MB Hotel failed to warn of the danger of rip currents in the ocean behind the property.
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May 07, 2025
NJ Anti-SLAPP Fee Shift Applies In Federal Court, Judge Says
A New Jersey federal judge held that the Garden State anti-SLAPP law's fee-shifting provision applies in federal court, ruling that a blogger sued for defamation by the CEO of a company that helps retiring athletes find new careers can recover attorney fees and costs if he can successfully dismiss the complaint.
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May 07, 2025
Ga. Judges Dubious Of Path To Atty Fees In Crash Injury Case
A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.
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May 07, 2025
Liberty Mutual Must Pay $1.3M Crash Verdict, Woman Says
A woman who won a $1.3 million verdict against a Liberty Mutual insured over a car crash said the insurer is now on the hook for the award, telling a Connecticut federal court the insurer could and should have resolved the suit within policy limits.
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May 07, 2025
Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits
A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.
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May 06, 2025
Pornhub Can't Challenge Section 230 Ruling With Fast Appeal
An Alabama federal judge Tuesday denied Pornhub parent company MindGeek's request to appeal his finding that the platform isn't protected by Section 230 of the Communications Decency Act against claims it profited from child sex trafficking and pornography.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
OneTaste Execs Used Sexual Meditation For Abuse, Jury Told
A prosecutor on Tuesday told a New York federal jury that OneTaste Inc. founder Nicole Daedone and her top deputy used the company's "orgasmic meditation" practice to manipulate vulnerable women for the leaders' own financial gain, including through coerced sex work, while defense lawyers argued that patrons of the sexual wellness startup were consenting adults who could have left at any time.
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May 06, 2025
Fla. Judge Limits Evidence Time Frame In Disney 'Wedgie' Suit
A Florida state court judge Tuesday denied a bid requiring Disney to show more than a decade of injuries on a water slide in a woman's lawsuit alleging she needed surgery after receiving a "painful wedgie" from the attraction, limiting the time frame to three years prior to her incident.
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May 06, 2025
NFLPA Says Ex-Player Has Wrong Target In Rehab Abuse Suit
A former pro football player who claimed that he was incorrectly sent to a Texas drug treatment center that later abused and physically blocked him from leaving, should not blame the NFL Players Association for his being there, the union told a Texas federal court.
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May 06, 2025
Boeing Battles Bid To Depose Engineer In 737 Max Fraud Suit
Boeing is fighting LOT Polish Airlines' bid to force the deposition of a former 737 Max program engineer, contending the ex-employee's testimony isn't necessary in the airline's $200 million federal lawsuit accusing the aerospace giant of concealing jet design safety concerns to ink a 2016 lease deal.
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May 06, 2025
Autonomous Cars Get Regs Jumpstart, But Long Road Ahead
Federal and California regulators recently proposed new rules carrying the promise of boosting development of the next generation of cars that can drive themselves, but the U.S. is still a ways from seeing wide-scale commercial deployment, despite a growing number of robotaxis and autonomous trucks popping up in cities, experts say.
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May 06, 2025
4th Circ. Flags Possibly New Arguments In Severed-Foot Case
A Fourth Circuit judge on Tuesday suggested a North Carolina farm had sandbagged a federal district court judge by raising arguments on appeal that weren't fleshed out for the lower court in an effort to overturn a $2.5 million jury verdict favoring a worker who lost his foot to a grain silo auger.
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May 06, 2025
Ga. Panel Considers Reviving Man's MARTA Fall Suit
The Georgia Court of Appeals on Tuesday considered whether to revive a man's suit alleging a faulty guardrail at a Metropolitan Atlanta Rapid Transit Authority train station caused him to fall 26 feet, focusing largely on whether the man's actions on the day of the incident made him a trespasser.
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May 06, 2025
Mistrial Declared On Punitive Damages In Bard Cancer Case
A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.
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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer
Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.
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May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall
An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
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May 06, 2025
Relatives Shut Out Of Funds From BigLaw Atty's Slain Wife
A Georgia state court judge said Tuesday that a prominent former Fisher Phillips attorney who fatally shot his wife could direct the proceeds of a wrongful death settlement to her godson and his family, beating back a "next of kin" claim to the funds from his wife's myriad cousins.
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May 06, 2025
Alex Jones' Atty Seeks Discipline Pause In Sandy Hook Leak
Alex Jones' former lead Connecticut attorney has asked a state appeals court to pause the remaining seven days of a suspension he was handed for a role in transferring Sandy Hook families' confidential records to another Jones attorney in Texas, arguing the case should be stayed while he again appeals the punishment.
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May 06, 2025
Co. Not Liable For Injuries In Employee Attack, 11th Circ. Says
The Eleventh Circuit ruled Monday that wholesale restaurant supply store McLane Foodservice is not liable for injuries suffered by an employee who was set on fire at work by a former partner because the company could not have foreseen this kind of violent, premeditated act.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.