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Personal Injury & Medical Malpractice
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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."
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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.
Expert Analysis
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Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Choosing A Road To Autonomous Vehicle Compliance
As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.