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Personal Injury & Medical Malpractice
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Girl Says Discord, Roblox Make Kids 'Easy Prey' For Predators
A 16-year-old girl who alleges she was groomed by a child predator on Roblox and Discord has hit the companies with a product liability suit in Texas, writing that their sites make kids "easy prey for pedophiles."
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May 01, 2025
Fla. Judge Clears Miami In Hannibal Buress Arrest Case
A Florida federal judge tossed a lawsuit against Miami over the arrest of comedian Hannibal Buress in 2017, saying it originally misunderstood the city's arguments and that granting its motion to reconsider "would prevent manifest injustice."
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May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit
A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
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May 01, 2025
Civil Order Stalling Chamber Death Prosecution, Judge Hears
A prosecutor and attorneys for clinic workers charged in connection with the death of a 5-year-old boy in a hyperbaric chamber explosion expressed frustration Wednesday that they cannot get their experts into the building to investigate because of a temporary restraining order they say is interfering with the criminal cases.
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May 01, 2025
Trucker Chases Down Mich. Appeals Court Win In Injury Suit
A trucker who was hit in his sleeper cab and then ran after the semi-truck that he believed caused the incident, jumping on its running board till he was thrown, may be entitled to insurance benefits, Michigan appellate judges said, reversing most of a lower court's judgment.
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May 01, 2025
Zipcar, Garage Not Liable For Injuries To Driver Returning Car
Massachusetts-based car sharing company Zipcar and the owner of a public parking garage are not liable for injuries suffered by a college student who was struck by a drunken driver while dropping off a car back in 2017, an intermediate appellate court concluded Thursday.
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April 30, 2025
Nationwide Says Claim For 'Fat Freezing' Injury Isn't Covered
Nationwide has filed suit asking an Illinois federal court to declare that it has no duty to cover a suburban Chicago gym in a 3-year-old "fat freezing" injury case headed to trial in June, saying the underlying injury doesn't trigger the facility's policy.
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April 30, 2025
ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit
The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.
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April 30, 2025
Exec Says MyPillow Attys Can't Use AI Mistakes To Delay Trial
A former Dominion Voting executive said MyPillow CEO Mike Lindell shouldn't be allowed to delay a June defamation trial because his attorneys face potential sanctions for a brief that used artificial intelligence, arguing recent executive orders against law firms suggest the defamation claim would face "extreme prejudice" from a delay.
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April 30, 2025
NJ Judge Tosses Two Claims From Crossbow Injury Suit
A New Jersey federal judge tossed two claims, but allowed contested expert testimony, in a hunter's negligence and liability lawsuit that alleges he was injured when his Ravin Crossbow "exploded" and knocked him out of a tree stand.
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April 30, 2025
Schools Say Norfolk Southern Ducked Postderailment Pledge
The school district for East Palestine, Ohio, filed a federal lawsuit Wednesday against Norfolk Southern, claiming the railroad hasn't made good on its promises to help the district recover after a fiery derailment shook the town in 2023.
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April 30, 2025
NY Diocese, Lloyd's Of London End Sex Abuse Coverage Suit
Lloyd's of London underwriters and the Roman Catholic Diocese of Rockville Centre agreed to end a dispute over the payment of defense expenses related to sexual abuse claims against the diocese, according to a New York federal court filing entered Wednesday, months after the Catholic organization confirmed a Chapter 11 bankruptcy plan.
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April 30, 2025
NJ Panel Orders New Trial in Home Depot Slip Case
A New Jersey state trial court erred in allowing trial evidence of a woman's medical history, prior falls and a handicapped placard in a slip-and-fall case against Home Depot U.S.A. Inc., a state appellate panel ruled Wednesday in vacating a jury verdict in favor of the retailer.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Wine Tasting Death Suit Revived After Judge Rethinks Order
The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.
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April 30, 2025
DOJ Fights Firm's Bid To Halt Tax Collection During Suit
A boutique Connecticut consumer protection law firm cannot block the IRS from collecting 2022 and 2023 payroll taxes while the firm challenges the government's alleged failure to process CARES Act payroll credit requests in 2021, the U.S. Department of Justice has argued.
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April 30, 2025
Boston Hospital Fends Off Doctor's Whistleblower Claims
A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.
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April 30, 2025
Former Paralegal Ends Whistleblower Suit Against NJ Firm
A onetime paralegal for New Jersey-based Brandon J. Broderick LLC has dropped a state court whistleblower suit he filed against the personal injury firm last spring.
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April 30, 2025
Tyler Tech Says NC Digital Court System 'Works As Designed'
Facing a civil rights class action filed by North Carolina residents who say the state's new digital court system subjected them to wrongful arrests and extended jail time, the software provider that licensed the program told a federal court that it cannot be held responsible for the way its product is used because it is merely a vendor.
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April 30, 2025
Kratom Cos. Get False Ad, Addiction Suit Tossed
A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.
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April 30, 2025
NYC Paid Record High Of $2B In Legal Claims In 2024
New York City paid nearly $2 billion last year to settle legal claims, setting a record high for the payouts with a half-billion dollar increase over the previous year, according to new data released by the city's fiscal watchdog on Wednesday.
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April 29, 2025
California Judge Loses Pay After Conviction For Murdering Wife
The California Commission on Judicial Performance formally suspended a California judge without pay after a state jury found him guilty of second-degree murder last week for shooting his wife to death in their Anaheim Hills home on Aug. 3, 2023, following a heated argument.
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April 29, 2025
Ohio Justices Reinstate Trans Care Limits During AG's Appeal
The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.
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April 29, 2025
LA County Approves $4B Juvenile Sex Abuse Settlement
Los Angeles County officials on Tuesday officially approved a previously announced $4 billion settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, touted as the largest sex abuse settlement in U.S. history.
Expert Analysis
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.