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Personal Injury & Medical Malpractice
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May 06, 2025
Autonomous Cars Get Regs Jumpstart, But Long Road Ahead
Federal and California regulators recently proposed new rules carrying the promise of boosting development of the next generation of cars that can drive themselves, but the U.S. is still a ways from seeing wide-scale commercial deployment, despite a growing number of robotaxis and autonomous trucks popping up in cities, experts say.
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May 06, 2025
4th Circ. Flags Possibly New Arguments In Severed-Foot Case
A Fourth Circuit judge on Tuesday suggested a North Carolina farm had sandbagged a federal district court judge by raising arguments on appeal that weren't fleshed out for the lower court in an effort to overturn a $2.5 million jury verdict favoring a worker who lost his foot to a grain silo auger.
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May 06, 2025
Ga. Panel Considers Reviving Man's MARTA Fall Suit
The Georgia Court of Appeals on Tuesday considered whether to revive a man's suit alleging a faulty guardrail at a Metropolitan Atlanta Rapid Transit Authority train station caused him to fall 26 feet, focusing largely on whether the man's actions on the day of the incident made him a trespasser.
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May 06, 2025
Mistrial Declared On Punitive Damages In Bard Cancer Case
A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.
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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer
Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.
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May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall
An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
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May 06, 2025
Relatives Shut Out Of Funds From BigLaw Atty's Slain Wife
A Georgia state court judge said Tuesday that a prominent former Fisher Phillips attorney who fatally shot his wife could direct the proceeds of a wrongful death settlement to her godson and his family, beating back a "next of kin" claim to the funds from his wife's myriad cousins.
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May 06, 2025
Alex Jones' Atty Seeks Discipline Pause In Sandy Hook Leak
Alex Jones' former lead Connecticut attorney has asked a state appeals court to pause the remaining seven days of a suspension he was handed for a role in transferring Sandy Hook families' confidential records to another Jones attorney in Texas, arguing the case should be stayed while he again appeals the punishment.
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May 06, 2025
Co. Not Liable For Injuries In Employee Attack, 11th Circ. Says
The Eleventh Circuit ruled Monday that wholesale restaurant supply store McLane Foodservice is not liable for injuries suffered by an employee who was set on fire at work by a former partner because the company could not have foreseen this kind of violent, premeditated act.
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May 06, 2025
Car Seat Maker Sued Over Faulty Recall, Replacement Parts
Kids' product maker Dorel Juvenile Group Inc. recalled car seats with a headrest cover that posed a choking hazard to young children, then sent customers new parts that do not solve the problem, according to a proposed class action.
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May 05, 2025
Columbia Inks $750M Settlement Over OB-GYN Sex Abuse
A New York state court on Monday signed off on a $750 million settlement secured by hundreds of patients who say they were sexually abused by a former Columbia University obstetrician-gynecologist, according to an announcement by the patients' attorneys.
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May 05, 2025
Med Mal Retrial Axed Despite 'Confusing' Jury Instructions
A Georgia appellate panel on Monday reversed a trial court's decision to grant a new trial in a suit accusing an orthopedic surgeon of botching a knee surgery, saying "confusing" instructions to the jury from the trial judge did not warrant a retrial, given the circumstances.
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May 05, 2025
Insurer Needn't Pay $40M Over Surgical Sterilization Claims
A Colorado health system that settled with more than 6,000 patients after it was found to have inadequate surgical sterilization procedures can't tap into $40 million in excess coverage in connection with the incidents, a Tenth Circuit panel affirmed, finding patient claims could not be combined.
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May 05, 2025
Defamation Litigation Roundup: Palin, Fox, Crime Podcasters
In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.
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May 05, 2025
High Court Won't Touch $44M Award In Deadly Navy Crash
The U.S. Supreme Court has dashed Energetic Tank Inc.'s hopes of its own payout from the U.S. Navy over a deadly 2017 tanker ship collision that it says was the government's fault, after the Second Circuit declared the Navy immune from the company's counterclaims and left it on the hook for $44.5 million in damages.
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May 05, 2025
Fed. Circ. Affirms Coverage Denial Over Pre-Service Surgery
A lower court did not err when it upheld the denial of a Navy veteran's shoulder disability claim based on a surgery that he had before entering the service, a Federal Circuit panel ruled.
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May 05, 2025
Celebrity Doctor Says McMahon Accuser's Atty Defamed Him
A celebrity doctor who has been fighting an information request from a former staffer for Vince McMahon accusing the former World Wrestling Entertainment executive of sexual assault and trafficking has claimed that the accuser's attorney defamed him and his practice during a press conference livestreamed on YouTube.
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May 05, 2025
Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim
Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.
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May 05, 2025
Player Strikes Back At US Soccer's Bid To Escape Abuse Suit
A former youth soccer player suing various entities for negligence over the assault she says she suffered at the hands of her coach urged a Maryland federal court not to dismiss the sport's national governing body, the U.S. Soccer Federation, from the suit because it was responsible for hiring and retaining the coach.
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May 05, 2025
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.
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May 02, 2025
Ex-Abercrombie CEO Isn't Fit To Stand Trial, Judge Agrees
A New York federal judge Friday held that former Abercrombie & Fitch Co. CEO Michael Jeffries is indeed incapable of understanding the sex trafficking litigation against him and must be hospitalized for a few months to determine "whether his competency may be restored."
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May 02, 2025
Abbott Beats Bellwether In Formula MDL Ahead Of Trial
An Illinois federal judge Friday held that Abbott Laboratories isn't liable for the death of a baby who consumed its Similac baby formula, entering judgment in favor of Abbott in a bellwether case in multidistrict litigation that was set to head to trial in a little over a week.
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May 02, 2025
Fla. Lawmakers Vote To Repeal Law That Limits Death Suits
Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.
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May 02, 2025
Smith & Wesson Says Catholic Investors' Suit Misfires
Firearms manufacturer Smith & Wesson Brands Inc. slammed as mere "social activism" an investor lawsuit filed by groups of Catholic sisters seeking to curb company sales and marketing of AR-15-style rifles that are sometimes used in mass shootings, urging a Nevada federal judge to dismiss the suit and the claims that it violated a fiduciary duty.
Expert Analysis
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Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.