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Personal Injury & Medical Malpractice
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October 08, 2024
CooperSurgical Fails To Escape Embryo Solution Recall Suits
A California state judge on Tuesday declined to dismiss four lawsuits filed against CooperSurgical Inc. by individuals or couples who allege the company failed to recall a toxic solution before it destroyed their developing embryos, trimming a few claims but otherwise keeping the suits intact.
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October 08, 2024
New Testimony Can't Revive Seattle Police Pursuit Crash Suit
A Washington state appeals court won't upend a verdict clearing the city of Seattle from liability in a suit by a woman injured in a car accident after the man driving her vehicle fled the police, finding that testimony taken after one of the officers involved died by suicide would not have altered the case's outcome.
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October 08, 2024
Live Nation Shooting Case Stays In Seattle, Judge Says
Seattle will remain the venue for a lawsuit seeking to hold Live Nation Entertainment Inc. liable for fatal shootings at the Gorge Amphitheatre in rural Grant County, Washington, after a state court judge rejected the live music promoter's assertion that potential jurors were tainted by negative media coverage in the state's largest metro area.
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October 08, 2024
J&J Wins OK For $505M Deal With Bankrupt Talc Miners
A Delaware bankruptcy judge approved a $505 million settlement between a pair of talc producers and Johnson & Johnson after overruling an objection by a group of insurers to the deal, which would resolve several ongoing disputes with J&J over talc injury claims.
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October 08, 2024
Solo Cup Maker Must Face Suit Over Worker's Shooting Death
Solo Cup Operating Corp. can't escape a wrongful death lawsuit accusing it of negligently hiring a worker who killed a fellow employee in a dispute over $400, a Georgia appeals court ruled, saying the incident is clearly not covered by the state's workers compensation law.
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October 08, 2024
Insurer Says Kiwanis Abuse Claims Won't Trigger $35M Policy
An insurer told a Washington federal judge that because its coverage only kicked in at the $35 million level, it should be dismissed from litigation seeking payment of a multimillion-dollar judgment from insurers to resolve child sex abuse survivors' claims against a foster boys home run by Kiwanis International.
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October 08, 2024
Federal Regs Could Ground Airport Pollution Suit, Judge Hints
A Washington federal judge acknowledged Tuesday that federal regulations are an obstacle to Seattle residents' suit against airlines and the city's primary airport over alleged flight-path pollution, while suggesting more discovery could be needed before he can rule out their claims entirely.
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October 08, 2024
NFL QB Watson Settles With Latest Sexual Assault Accuser
Cleveland Browns quarterback Deshaun Watson has reached a confidential settlement with the latest woman to accuse him of sexual assault, the woman's attorney, Tony Buzbee of the Buzbee Law Firm, confirmed to Law360 on Tuesday.
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October 08, 2024
11th Circ. Revives Slip-And-Fall Suit Against Sam's Club
The Eleventh Circuit has reinstated a woman's suit against retailer Sam's Club alleging she slipped and fell on water in one of its stores, saying there's evidence creating a dispute about whether the store had constructive notice of the spill.
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October 08, 2024
Mass. Seeks Order Forcing Steward To Maintain Coverage
Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.
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October 08, 2024
Divorced-Dads Firm Beats Fired Paralegal's Retaliation Suit
A Kansas federal jury on Monday sided with a law firm that bills itself as an advocate for divorced fathers, shutting down a suit from a paralegal who claimed she was fired for speaking up about sexual harassment by one of the firm's attorneys.
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October 08, 2024
Doctor Wants New Trial In $16.4M Suit Over Patient's Suicide
A doctor urged the Georgia Court of Appeals on Tuesday to order a new trial in a $16.4 million wrongful death lawsuit brought by the family of a man who died by suicide after being prescribed an antidepressant that can cause suicidal tendencies, particularly after the consumption of alcohol.
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October 08, 2024
College Admins Beat Ex-Prof's Suit Over Race-Based Study
Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.
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October 08, 2024
Legal Tech Co. EvenUp Valued At $1B After $135M Series D
The legal technology sector has a new unicorn after artificial intelligence provider EvenUp secured a $135 million Series D funding round and reached a $1 billion valuation on Tuesday.
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October 08, 2024
AGs Slam TikTok With Youth Addiction, Fraud Claims
More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.
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October 07, 2024
Fired MSU Coach Mel Tucker Hit With Defamation Suit
A sexual assault survivor's advocate on Monday hit former Michigan State University football coach Mel Tucker with a defamation suit in Lansing court, claiming he has falsely accused her of fabricating a sexual harassment complaint that gave the school an excuse to fire him last year.
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October 07, 2024
Factory Mutual Must Fully Cover Plant Explosions, Suit Says
Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.
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October 07, 2024
Fla. Jury Told Unchecked Plane Fueling Led To Crash Injuries
A professional angler told a Florida federal jury Monday that a Cessna pilot's failure to supervise the refueling of a plane led to the wrong tanks being filled, resulting in his injuries after the aircraft ran out of fuel midair and crashed-landed into the ocean near the Bahamas.
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October 07, 2024
Boehringer Defends Zantac As Cancer Jury Trial Kicks Off
Boehringer Ingelheim Pharmaceuticals defended the company's heartburn medication Zantac during the defense's opening statements in a product liability trial Monday, telling California jurors that trial evidence will show the plaintiff never used Boehringer's over-the-counter Zantac products, and that other risk factors put him at risk of developing bladder cancer.
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October 07, 2024
Justices Set To Review Feds' Suit Over 'Ghost Gun' Exception
The U.S. Supreme Court is scheduled to hear oral arguments Tuesday over whether "ghost gun" assembly kits and their accessories, which are unserialized and untraceable, can be considered firearms and therefore subject to licensing requirements under the Gun Control Act of 1968.
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October 07, 2024
NJ Justices Skeptical Philly Archdiocese Subject To NJ Courts
New Jersey Supreme Court justices on Monday appeared skeptical that the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, questioning whether it was being asked to extend personal jurisdiction to where it hasn't gone before.
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October 07, 2024
J&J Can't Unwind Chicago Jury's $45M Talc Verdict
An Illinois judge has refused to disturb a $45 million jury verdict for the estate of a woman who died from mesothelioma after using Johnson & Johnson's talc-based baby powder for years, rejecting multiple attacks the company lodged against the award.
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October 07, 2024
Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post
The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law.
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October 07, 2024
Texas Ghost Gun Cos. Can't Keep Calif. Suit In Fed Court
A California federal judge has sent back to state court a suit by the state alleging three Texas-based companies are trying to get around California's prohibition on equipment used primarily or exclusively to make "ghost guns," finding the companies haven't shown that there's diversity among the parties.
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October 07, 2024
DC Circ. Says Frat Members Can't Sue Over 'Nazi-Like' Photo
The D.C. Circuit won't let four Gallaudet University alumni revive their defamation suit against the school and the Washington Post over their comments about a photo that depicts two of the men in a group of Kappa Gamma fraternity members doing a salute that resembles the infamous Nazi salute.
Expert Analysis
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.