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Personal Injury & Medical Malpractice
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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."
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May 16, 2025
Criminal Case Dropped Against Girardi In Illinois
An Illinois federal judge has nixed the criminal charges against disbarred attorney Tom Girardi after the government's move to dismiss the case, citing his age and conviction in California.
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May 15, 2025
'It Ends With Us' Producers Must Hand Over Net Worth Docs
Justin Baldoni and other producers of "It Ends With Us" must turn over to Blake Lively financial records showing their net worth in the legal battle between the film's stars, a New York federal judge has ruled, saying the information is fair game since Baldoni's side claims to have lost $400 million due to Lively's alleged smear campaign.
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May 15, 2025
Braves Player's 'Missile' Cancels Out 'Baseball Rule,' Panel Told
A Georgia woman who took a baseball to the face during the Atlanta Braves' 2021 World Series run urged a state appellate panel Thursday to revive her personal injury suit against the team, arguing the Peach State's so-called baseball rule of liability shouldn't have ended her suit.
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May 15, 2025
'Our Father' Fertility Doc Must Face Bio Daughter's Suit
An Indiana appellate panel on Thursday revived a suit accusing the rogue fertility doctor featured in the "Our Father" Netflix documentary of causing his biological daughter's emotional distress, saying a dispute over whether the suit was filed too late is for a jury to decide.
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May 15, 2025
Enterprise Inks $11.5M Deal In Wrongful Death Suit
The family of an Illinois man who died after being struck by an Enterprise Rent-A-Car employee while doing utility work has reached an $11.5 million settlement with the car rental company to end litigation over his death, marking the highest known wrongful death recovery in McHenry County history.
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May 15, 2025
NJ Devils Arena Operator's Win In Fall Suit Affirmed
A New Jersey state appeals court on Thursday affirmed the dismissal of a negligence lawsuit against operators of Prudential Center, saying it's speculative that staff knew the arena's floor had a "slippery liquid" that led to a woman's injuries after she slipped and fell.
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May 15, 2025
8th Circ. Finds No Error In Fentanyl Dealing Conviction
The Eighth Circuit has refused to grant a new trial to a North Dakota man sentenced to over 15 years in prison for selling fentanyl with his father, finding a lower court was justified in keeping his father from testifying at trial.
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May 15, 2025
9th Circ. Doubts Anti-Trans Orgs Can Nix Youth Runaway Law
Ninth Circuit judges questioned Thursday if anti-transgender groups and parents had standing to challenge a Washington state law intended to ensure shelter for runaway teens seeking gender-affirming care, with one judge asking "where are the parents" who have been adversely affected.
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May 15, 2025
Memphis Seeks Atty Sanctions In Tyre Nichols Beating Case
The city of Memphis, Tennessee, has asked a judge to impose sanctions on high-profile civil rights lawyers Ben Crump and Antonio Romanucci, arguing that they issued a press release that falsely said a lawsuit over the police beating death of Tyre Nichols could not bankrupt the Memphis government.
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May 15, 2025
Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.
The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.
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May 15, 2025
Ex-IU Basketball Players Move To Keep Sex Abuse Suit Alive
Four former Indiana University men's basketball players told a federal court it should not toss a lawsuit alleging the school covered up sexual assaults by a team physician, saying they only recently learned that what he did was abuse and that the university ignored it.
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May 15, 2025
Insurer Wants Smokestack Demo Cos. To Pay For Damage
Erie Insurance is seeking to make the companies that demolished two smokestacks at a former Western Pennsylvania coal-fired power plant pay $375,000 for damage that flying dust, debris and shock waves did to a neighboring property, according to a lawsuit filed in state court.
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May 15, 2025
5th Circ. Says Samsung Must Face Battery Suit In Texas
A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.
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May 15, 2025
Justices Say Context Matters When Evaluating Use Of Force
The U.S. Supreme Court on Thursday cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.
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May 15, 2025
$92.5M Overdetention Settlement Deadline Extended 3 Months
People who were wrongfully detained too long by immigration authorities have three additional months to file claims under a $92.5 million settlement, one of the largest immigration-related civil rights deals in New York City history, according to an announcement Thursday by the law firm that won the deal.
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May 14, 2025
Florida Appeals Court Says Pastor's Testimony Is Privileged
A Florida appeals court on Wednesday reversed convictions for a man found guilty of sexual abuse of a minor after finding that his pastor's testimony should not have been allowed at trial because it was protected by the clergy communications privilege.
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May 14, 2025
Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told
Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.
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May 14, 2025
MyPillow CEO Can't Delay Defamation Trial Over Atty AI Errors
A Colorado federal judge denied MyPillow CEO Mike Lindell's request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel's use of artificial intelligence in drafting briefs don't warrant delaying trial in the lawsuit.
Expert Analysis
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.