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Personal Injury & Medical Malpractice
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June 12, 2025
Admin Of $600M Norfolk Southern Derailment Deal Removed
The company administrating the payouts to plaintiffs in Norfolk Southern's $600 million settlement stemming from the fiery derailment in East Palestine, Ohio, has been replaced, because it purportedly made miscalculations that overpaid some claimants.
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June 12, 2025
Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid
A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.
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June 12, 2025
WWE Accuser's Firm Blames PACER For Late Response
Counsel for the law firm representing a former World Wrestling Entertainment staffer on sex trafficking and abuse claims has objected to a motion for default in a related defamation suit, said he couldn't appear in the case earlier in part because of difficulty accessing the federal judiciary's electronic docket system, but he said he would have asked for more time to respond anyway.
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June 12, 2025
Detroit Can't Block Sidewalk Hazard Suit, Mich. Justices Say
Detroit cannot claim immunity in a lawsuit over a man's injuries from tripping on a metal post embedded in a sidewalk, the Michigan Supreme Court said Wednesday, ruling that the protrusion constitutes a dangerous defect under state law.
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June 12, 2025
Ex-NFL Player Ordered To Pay Dancer $78K In Assault Case
A Colorado federal judge has ordered former Los Angeles Raiders cornerback Damon Arnette Jr. to pay $78,634.50 to a dancer who said he assaulted her after a party at which she was hired to perform, an award entered as part of a default judgment against the player after he evaded service.
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June 12, 2025
Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict
Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.
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June 12, 2025
Justices Grant Compensation Leeway To Late-Filing Vets
The U.S. Supreme Court ruled Thursday that the Barring Act's six-year statute of limitations for certain military-related claims does not apply to combat-related special compensation, a win for a proposed class of roughly 9,000 veterans who say they deserve additional pay despite filing late.
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June 11, 2025
OneTaste Leaders In Custody Over Forced Labor Conspiracy
A Brooklyn federal judge denied a bond motion Tuesday by Nicole Daedone, the co-founder of sexual wellness company OneTaste, and her former deputy Rachel Cherwitz after they were convicted of a forced-labor conspiracy, rejecting their bid to remain on bail pending sentencing.
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June 11, 2025
Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities
President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.
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June 11, 2025
Miami Faces Atty Whistleblower Suit Over Mismanaged Funds
An attorney who managed billions of dollars worth of real estate for Miami brought a lawsuit alleging the city violated her state whistleblower protection rights, saying she was abruptly terminated after trying to report alleged payroll violations and financial mismanagement to her supervisors.
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June 11, 2025
Seattle Hospital Hit With Class Suit Over 'Diverted' Pain Meds
A Seattle-based hospital system has been slapped with a proposed class action in Washington state court over claims that hundreds of patients suffered unwarranted pain and risk of infection because a staff member may have been pocketing painkillers.
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June 11, 2025
Ga. PI Firm Says 'Distasteful' Practices Aren't Court's Concern
An Atlanta personal injury firm called on the Georgia Court of Appeals Wednesday to squash a proposed class action accusing it of stealing clients from other lawyers through shady solicitation practices, arguing that whether its business model is ethical or not, it isn't grounds for litigation.
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June 11, 2025
Wash. Panel Grills Worker Family On $5M Asbestos Win Basis
A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.
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June 11, 2025
American Airlines Workers Win $18.7M Toxic Uniform Award
A California state jury has awarded $18.7 million to five American Airlines flight attendants who blamed their employer and a uniform maker for causing them to suffer injuries due to uniforms made with toxic chemicals.
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June 11, 2025
Insurer Says Day Care's $1M Child Injury Verdict Not Covered
A day care's insurer told an Alabama federal court it has no duty to cover a $1 million judgment against the center after a jury found it liable for leaving a woman's child in a van during a field trip, citing an exclusion for bodily injury arising from "any auto."
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June 11, 2025
Developers Urge Revival Of Suit To Unseat Miami Official
Two real estate developers seeking to unseat a Miami commissioner from office following a $63.5 million judgment for civil rights violations told a Florida appeals court Wednesday that the city's charter provides for the removal of a public official found to have violated their office.
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June 11, 2025
Uber Says Fla. Firm, Drivers Staged Wrecks For Profit
Uber told a Florida federal court Wednesday that at least five of its drivers faked accidents and colluded with healthcare providers and a Florida law firm to file sham litigation against the ride-hailing platform and its insurer, costing millions of dollars in legal defense and settlements.
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June 11, 2025
Paddle Maker Wants Counterclaims Tossed In Contract Row
Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.
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June 11, 2025
Insurer Says Law Firm Mishandled Pesticide Exposure Suit
An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit above policy limits due to the firm's negligence and malpractice.
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June 11, 2025
J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told
A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.
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June 11, 2025
Weinstein Convicted Of 1 Charge In Mixed, Partial Verdict
A Manhattan state court jury on Wednesday convicted movie mogul Harvey Weinstein of sexually assaulting a production assistant, acquitted him of assaulting a former model and indicated it had so far failed to reach a verdict on a charge alleging he raped an actress.
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June 11, 2025
Gun Groups Sue NJ, Bondi Over Handgun Age Restriction
A would-be handgun owner and a pair of firearms groups are suing New Jersey Gov. Phil Murphy, law enforcement officials and Attorney General Pam Bondi in federal court, alleging that state and federal age-based prohibition against owning handguns is unconstitutional.
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June 10, 2025
Ga. Justices Consider Tolling In Tongue Amputation Case
The Georgia Supreme Court on Tuesday considered whether the state's two-year statute of limitations applies to a lawsuit against Regency Hospital Co. and one of its nurses over claims that they neglected an allegedly incapacitated patient to the point that her tongue had to be amputated.
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June 10, 2025
Feds Aim To Trim Ga. Suit Over Air Force Wall Collapse Death
The U.S. government has urged a Georgia federal judge to dismiss negligent inspection and maintenance claims by the parents of a teen killed when a partition wall at Robins Air Force Base collapsed, arguing they are barred under the Federal Tort Claims Act.
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June 10, 2025
Time-Barred Sex Abuse Claims Could Become Viable In Pa.
House lawmakers in Pennsylvania have passed a pair of bills that could allow those who suffered from sexual abuse as minors to file a lawsuit decades after the statute of limitations expired, explicitly waving sovereign immunity defense for state agencies.
Expert Analysis
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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.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.