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Personal Injury & Medical Malpractice
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Snap Denies It Caused Users' Fentanyl Overdose Deaths
Snap has hit back at dozens of claims by parents of children who suffered fatal overdoses from fentanyl-laced pills acquired through the social media platform, saying many had a history of drug use, were themselves dealers or acquired drugs through other means.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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May 13, 2025
Watchdog Demands Info In DC Court On Dead ICE Detainees
U.S. Immigration and Customs Enforcement is violating public records laws by refusing to turn over documents related to three people who died in ICE custody at two detention centers in Florida and Arizona, a government watchdog group alleged in a suit filed in D.C. federal court Monday.
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May 13, 2025
UnitedHealth Says Lack Of Contract Sinks Coverage Suit
UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.
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May 13, 2025
Golden Corral Franchisee Settles Death Suit As Trial Kicks Off
A Golden Corral franchisee on Tuesday reached a settlement with the widow of a man who died after he tripped over a chair leg at a restaurant in Newnan, Georgia, ending the dispute shortly after a jury was seated for trial.
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May 13, 2025
Celebrity Doctor Can't Duck WWE Accuser's Info Demand
A Connecticut judge has refused to throw out a former World Wrestling Entertainment legal staffer's effort to obtain documents from a celebrity doctor who treated her amid alleged sexual abuse by Vince McMahon, finding that the state-level court has subject-matter jurisdiction over her petition for pre-litigation information.
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May 13, 2025
3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan
The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.
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May 13, 2025
Law Firms Expected To Settle Veteran's TCPA Suit
A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.
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May 13, 2025
Buzbee Beats Suit Claiming He Coerced Client To Settle
Texas attorney Anthony Buzbee, who is making headlines by filing sexual abuse lawsuits against music mogul Sean "Diddy" Combs, has defeated a malpractice suit filed in Louisiana federal court by a ship captain alleging that the attorney pushed him to settle a work injury claim, then took 98% of the final disbursement.
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May 13, 2025
NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.
Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.
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May 13, 2025
'Popular Monster' Singer Must Pay YouTuber's Atty Fees
The singer for rock band Falling In Reverse, Ronnie Radke, must pay defense attorney fees and costs incurred by a YouTube personality he sued for defamation after a Connecticut state judge tossed the lawsuit for running afoul of the state's anti-SLAPP statute.
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May 13, 2025
Ga. Justices Revives Claim Over Med Student's Negligence
The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.
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May 13, 2025
Venable Wants Out Of 'It Ends With Us' Subpoena
Venable LLP asked a D.C. federal judge to toss a subpoena of the firm stemming from litigation between actors Blake Lively and Justin Baldoni over the movie "It Ends with Us," accusing Baldoni and his production company of embarking on an "unwarranted fishing expedition."
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Pa. Mental Health Rejection Suits Could Rise, Atty Says
The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.
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May 12, 2025
'Stop Talking,' DC Judge Tells Atty For Ashli Babbitt Estate
Counsel for the estate of Ashli Babbitt received a dressing down Monday from the D.C. federal judge overseeing the wrongful death suit against the government after repeatedly interrupting her during a hearing over another attorney's claim that he's owed a slice of the settlement pie.
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May 12, 2025
Hawaii Judge Awards Damages For Navy's Red Hill Fuel Leaks
A Hawaii federal judge has said the U.S. government should pay more than half a million dollars in damages to 17 bellwether plaintiffs who sued after fuel leaks at a since-shuttered Navy storage facility contaminated their drinking water.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Fla. Court Orders Hearing On Ineffective Counsel Claims
A Florida state appeals court has ruled that a lower court must hold a hearing to assess evidence put forward by a man who claims ineffective counsel led him to be found guilty of a second-degree firearm offense and sentenced to 30 years in prison.
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May 12, 2025
Ex-Ga. Teacher Aims To Keep COVID Leave Claims Alive
A former Fulton County, Georgia, teacher who said she was forced out of her job by her district's refusal to accommodate her disability during the COVID-19 pandemic has urged a federal judge to keep her suit alive, objecting to a magistrate judge's finding that she waited too long to act on her allegations.
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May 12, 2025
Leon Black's Subpoena Suits Unsealed In Apollo Founder Row
A New York state judge Monday revealed details in former Apollo Global Management CEO Leon Black's ongoing arbitration battle with co-founder-turned-nemesis Josh Harris, as the court unsealed three related subpoena enforcement suits.
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May 12, 2025
Fla. Man Says Seat Defect Injured Him On Air France Flight
A Florida man is suing Delta Air Lines Inc. and Air France KLM SA in Georgia federal court, alleging he tripped and fell because of a malfunctioning seat at the end of an international flight, causing him serious and permanent injuries.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
Expert Analysis
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.