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Personal Injury & Medical Malpractice
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April 25, 2024
Travis Scott Denied Early Win Ahead Of 1st Astroworld Trial
Rapper Travis Scott and a host of entities behind the 2021 Astroworld festival have been denied pretrial wins in litigation stemming from the fatal crowd crush, less than two weeks before the first case in the sprawling multidistrict litigation is set to go before a Houston jury.
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
AIG Unit Says Gunmaker's Suit Policy Omits $250K Per Year
A gun manufacturer must pay $250,000 in self-insured retention limits for each calendar year that underlying litigation brought by the city of Gary, Indiana, is pending — stretching back to a defense agreement reached 10 years ago — an AIG unit has told a Connecticut federal court, saying the agreement was never terminated.
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April 25, 2024
Trump Can't Overturn $83M Verdict For Defaming Carroll
Former President Donald Trump was denied a bid Thursday to get a new trial or to overturn a Manhattan federal jury's $83 million defamation verdict awarded to columnist E. Jean Carroll stemming from her sexual assault claims against Trump.
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April 25, 2024
Indictment Says 'Car Wreck Clyde' Skimmed From Client Deals
A federal grand jury has indicted a Houston attorney and his former office manager over claims they defrauded clients by skimming nearly $2.4 million from settlement proceeds and using the funds for personal expenses, including private school and Ferraris.
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April 25, 2024
Emotional Damages Not Covered In OD Suit, Pa. Justices Rule
The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.
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April 25, 2024
Panel Backs Gas Station's Win In Drunken Driving Death Suit
An Ohio state appeals court has upheld the dismissal of a lawsuit over the deaths of two young men in a drunken driving crash, saying the alcohol seller can't be liable under Ohio's Dram Shop Act because the purchaser wasn't the driver.
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April 25, 2024
Celebrity Cruises' Morgues Are 'Run To Fail,' Family Claims
The family of a man who died aboard a Celebrity Cruises ship and whose body decomposed after being stored in an ill-equipped cooler is urging a Florida federal judge to reject the cruise line's bid for an exit from its suit, arguing the company's "run-to-fail" maintenance programs for its shipboard morgues made it inevitable a morgue would break while storing a body.
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April 25, 2024
Weinstein May Be Retried After NY Court Overturns Conviction
Harvey Weinstein seems poised to go to trial again in New York and testify in his own defense after the state's highest court overturned the movie mogul's rape conviction Thursday in a contentious, split opinion that found his first jury proceeding was unfair.
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April 24, 2024
High Court's Gender Divide Palpable At Latest Abortion Args
As the U.S. Supreme Court pondered permissible limits on abortion in medical emergencies, justices Wednesday split discernibly along ideological lines yet unmistakably along gender lines, with liberal and conservative women questioning restrictions far more forcefully than their male colleagues.
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April 24, 2024
Jury Must Decide Law Firms' Fee Dispute Over Nassar Suits
A jury will need to decipher the terms of an agreement in a fee dispute between Andrus Wagstaff PC and Lipton Law Center PC for joint representation of the survivors of former USA Gymnastics doctor Larry Nassar, a Michigan federal judge ruled Wednesday, partially rejecting Andrus Wagstaff's summary judgment bid.
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April 24, 2024
Pa. Court Revives Malpractice Suit Over Hip Implant Surgeries
The University of Pittsburgh Medical Center Pinnacle Hospitals, an orthopedic surgeon and a physician-owned clinic can't escape a malpractice suit over two hip replacements that left a woman with one leg shorter than the other, a Pennsylvania Superior Court panel has ruled, saying a jury must decide when the clock started on her claims.
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April 24, 2024
Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit
Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.
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April 24, 2024
Wash. AG Wants RFK Jr., Ex-NBA Star's Anti-Vax Suit Tossed
Washington's attorney general urged a federal judge Tuesday to toss a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, arguing a state medical board has the right to penalize medical providers for spreading COVID-19 misinformation.
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April 24, 2024
Feds Want Disbarred Atty's FOIA Suit Over USPTO Docs Axed
The federal government urged a North Carolina federal court Wednesday to toss a disbarred attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents, arguing the case is one of a dozen duplicative, meritless suits the plaintiff has filed.
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April 24, 2024
Panel Reinstates Suit Over Hospital Workers' COVID Deaths
A New Jersey appellate panel on Wednesday reinstated a suit seeking to hold two hospitals liable for the COVID-19 deaths of a hospital aide and a nurse during the early stages of the pandemic, saying the trial judge made improper findings of fact regarding allegedly reckless conduct.
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April 24, 2024
World Cup Workers' Abuse Suit Still Falls Short, US Cos. Say
A Texas engineering company and a Colorado subsidiary have asked a federal court to dismiss claims from Filipino workers alleging they were subjected to inhumane labor conditions when helping construct stadiums for the 2022 FIFA World Cup in Qatar, arguing the workers' latest attempt doesn't even show the defendants recruited or hired them.
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April 24, 2024
Seagram's Heiress Can't Cut NXIVM Prison Sentence
An heir to the Seagram's liquor fortune has been denied a reduction in her nearly seven-year prison term for her role in the alleged sex cult NXIVM.
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April 24, 2024
3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout
The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.
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April 24, 2024
Baldwin Alleges 'Rust' Prosecutors Abused Justice System
Alec Baldwin is accusing New Mexico prosecutors of committing a "mountain of misconduct" in pursuing a "wildly out of control" involuntary manslaughter case against the "Rust" actor-producer.
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April 24, 2024
Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received
The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.
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April 23, 2024
Calif. Fertility Clinic Implanted Dead Embryos, Couples Say
An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
Houston Firm Sues Client For Fees In Explosion Settlement
The Daspit Law Firm PLLC is taking a former client to court in order to recoup money allegedly owed from a settlement to a personal injury lawsuit stemming from a chemical plant fire almost six years ago.
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April 23, 2024
BNSF Says Zurich Should Pay For Defense In Asbestos Cases
BNSF asked a Texas appeals court Tuesday to consider hundreds of asbestos exposures in Libby, Montana, as separate occurrences to trigger an insurance policy provision, saying during oral arguments that Zurich American Insurance Co. needed to cough up defense costs in cases relating to the exposures.
Expert Analysis
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.
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Rebuttal
High Court Should Maintain Insurer Neutrality In Bankruptcy
While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.