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Personal Injury & Medical Malpractice
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September 27, 2024
9th Circ. Says Stem Cell Treatment Not Exempt From FDA Rule
Two California clinics' experimental stem cell treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations, the Ninth Circuit ruled Friday, reviving the federal government's bid to stop the clinic from marketing the products as cures for certain diseases without U.S. Food and Drug Administration review.
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September 27, 2024
Washington Judge Refuses To Halt State Assault Weapon Ban
A Washington federal judge has declined to pause enforcement of an Evergreen State ban on the sale of assault weapons, ruling the Olympian shooter and gun sellers challenging the law had failed to show such weapons are commonly used for self-defense and thus protected by the Second Amendment.
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September 27, 2024
Amazon Roped Back Into Ind. Truckers' Injury, Death Suits
An Indiana appeals court has reinstated claims against Amazon in two separate suits alleging a negligently designed warehouse entrance caused the death of a big-rig driver and seriously injured another, saying the company knew that confusing signage was prompting drivers to exit their tractor-trailers on a public road, putting them at risk.
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September 27, 2024
Crash Victim's Estate Awarded $10M From No-Show Driver
A Michigan state judge awarded the estate of a Michigan woman a $10 million default judgment Friday in its wrongful death suit against the alleged drunken driver who crashed into her head-on while going the wrong way down a one-way street.
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September 27, 2024
Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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September 27, 2024
Colo. Law Voids Cos.' Coverage Agreement, Judge Rules
An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.
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September 27, 2024
Disbarred Ex-DA Must Face Rival's Malicious Prosecution Suit
A Colorado federal judge on Thursday declined to throw out a malicious prosecution claim by a former elected district attorney alleging his disbarred successor falsely charged him with felony embezzlement, concluding that the disbarred prosecutor is not entitled to absolute or qualified immunity.
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September 27, 2024
Insurer Says No Coverage For Conn. Firm's Data Breach
A Connecticut personal injury firm's insurance company says it won't foot the bill for claims stemming from a hacker breaking into the firm's email system and stealing over $750,000 from a client, saying the firm's professional liability policy excluded "cyber security events."
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September 27, 2024
Houston Firm Gets Time In Zeta MDL To Fend Off DQ Bid
A Texas state judge overseeing a multidistrict litigation created to handle claims stemming from Hurricane Zeta agreed Friday to give a Houston law firm more time to respond to a disqualification bid from plaintiff firm Arnold & Itkin, which says an ex-law clerk who now works for the defense improperly accessed relevant case files.
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September 27, 2024
Mich. Justices To Mull Sanctions Question In Fatal Crash Suit
The Michigan Supreme Court said Friday it would review whether a defunct construction company should escape liability for an employee's fatal crash and whether the company deserved sanctions for dumping its records when it went out of business.
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September 27, 2024
EPA, Ohio Refinery Ink $169M Wastewater Cleanup Deal
A Cenovus Energy unit has reached a $169 million deal to resolve the U.S. Environmental Protection Agency's complaint over pollution from a petroleum refinery in Lima, Ohio, the U.S. Department of Justice and the EPA announced Friday.
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September 26, 2024
Texas Supreme Court Leaves State Fair Gun Ban Intact
The state's high court rejected Texas Attorney General Ken Paxton's attempt to toss out the State Fair of Texas' new policy prohibiting fairgoers from carrying handguns, with three justices finding in a late Thursday opinion that, as a private entity, the State Fair has the right to determine if people carry guns at the fair.
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September 26, 2024
Keller Postman Defends Hitting Tubi With 23K Arbitration Claims
Keller Postman LLC on Wednesday defended filing arbitration demands against Tubi Inc. without waiting 45 days after providing notice of claims, and urged a D.C. federal judge to toss the TV content platform's lawsuit, arguing that arbitration is the only route its clients have to dispute the enforceability of the contractual delay.
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September 26, 2024
Judge Says Avon Should Hold Off On Deal With Parent Co.
A Delaware bankruptcy judge told cosmetics giant Avon Products Inc. on Thursday that it needs to give creditors more time to investigate its dealings with its Brazilian parent company before he can approve a proposed settlement of claims against the parent.
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September 26, 2024
NY Diocese Reaches $323M Settlement With Abuse Survivors
Long Island's bankrupt Roman Catholic diocese has agreed to a nearly $323 million deal with hundreds of survivors of sexual abuse, a historic settlement that will bring to a close after four years the church's Chapter 11 case, according to a statement issued Thursday.
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September 26, 2024
Google Happy Hour Counts As Work For Injured Employee
A New York appeals panel held Thursday that a Google account executive was acting in the scope of his employment when he was hit by two e-bikes while traveling home from a team happy hour, granting workers' compensation benefits for his injuries.
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September 26, 2024
Judge Recommends Axing Disbarred NC Atty's FOIA Suit
A disbarred North Carolina attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents should be tossed, a magistrate judge recommended Thursday, finding the government immune and most of the claims already litigated.
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September 26, 2024
NFL QB Haskin's Widow Defamed Dog Breeder, Suit Says
Current Kansas City Chiefs defensive tackle Mike Pennel Jr. and his dog breeder girlfriend are suing the widow of late Pittsburgh Steelers quarterback Dwayne Haskins for defamation after she allegedly publicly accused them of being frauds and stealing her dogs.
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September 26, 2024
$30M Deal Reached In 'Intoxicated' Oil Co. Truck Driver Suit
A woman who sued a Texas oil company claiming that an intoxicated employee crashed a company pickup truck head first into her minivan while she was at a red light is set to get a $30 million settlement, attorneys for the plaintiff announced Monday.
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September 26, 2024
Causation Claim Came Early, BP Spill Workers Tell 11th Circ.
Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.
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September 26, 2024
EPA Cleared Of Allegations Of Mishandling Ohio Derailment
An Ohio federal judge has dismissed allegations that the U.S. Environmental Protection Agency mishandled its response to the 2023 East Palestine train derailment, finding little evidence that government officials wrongly cleared air and water quality as safe enough for residents to return home.
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September 26, 2024
Man Says Houston-Area Starbucks Put Racist Joke On Drink
Coffee chain Starbucks was hit with a race discrimination lawsuit Wednesday from a Black man who alleged staff at a Houston-area location put a racist note on his cup when he arrived to pick up a mobile order.
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September 26, 2024
Virtua Discriminates Against Pregnant Patients, NJ Alleges
Virtua Health discriminates against pregnant patients by forcing them to undergo drug testing for inpatient admission to its hospitals — a policy that does not apply universally to other patients, New Jersey Attorney General Matthew J. Platkin alleged in a lawsuit filed Thursday in New Jersey state court.
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September 26, 2024
Winner Of $8.6M Suit Wants Mich. Justices' Take On Cap
The estate of a patient who won an $8.6 million medical malpractice verdict earlier this year is asking a Michigan federal court to certify a question to the state's Supreme Court to determine whether a statutory cap on noneconomic damages is constitutional.
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September 26, 2024
Colo. Justices Pause Discovery In Hospital Lien Suit
The Colorado Supreme Court on Wednesday stayed discovery in a class action against hospital company Centura Health, as it decides whether to take up the plaintiff's challenge to a Denver judge's second attempt at deciding what documents the plaintiff must produce.
Expert Analysis
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Aviation Watch: 737 Max Blowout Raises Major Safety Issues
The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.
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Googling Prospective Jurors Is Usually A Fool's Errand
Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.