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Personal Injury & Medical Malpractice
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May 17, 2024
Texas Student Groups Sue Abbott Over Antisemitism Rule
Two chapters of Students for Justice in Palestine at Texas universities and the Democratic Socialists of America have slapped Texas Gov. Greg Abbott with a complaint arguing that a recent executive order instructing campus officials to rid public universities of a viewpoint critical of Israel violates the First Amendment.
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May 17, 2024
Peloton Says Investors Are 'Manufacturing' Bike Recall Suit
Fitness equipment company Peloton urged a New York federal judge on Friday to toss a suit alleging it overstated the safety of its bikes before the U.S. Consumer Product Safety Commission recalled roughly 2.2 million Peloton products over a bike seat defect, saying the investors are trying to "manufacture" a case from a voluntary recall.
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May 17, 2024
Ga. Baseball Player's Family Says Negligence Caused Death
The family of a Georgia high school baseball player who died after a batting practice accident in 2023 has sued a slew of employees of his school district for their alleged negligence in a preventable incident.
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May 17, 2024
OB-GYN Enough Like GYN Oncologist For Expert Witness Law
A Florida state appeals court on Friday revived a suit accusing a gynecological oncologist of performing an unnecessary surgery, saying the credentials of the patient's medical expert — an OB-GYN — satisfied the state's "same specialty" requirement.
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May 17, 2024
Feds Seek 10 Years In First Product Safety Conviction
The government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers, after the two were found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission.
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May 17, 2024
Ga. Police Officer Asks For New Trial In $40M Force Suit
Atlanta police officer Jon Grubbs, who was ordered by a Georgia jury to pay $40 million to a man who was rendered quadriplegic after Grubbs shocked him with a Taser over suspicions of panhandling, has asked a federal judge for a new trial.
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May 17, 2024
Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse
A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.
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May 17, 2024
Chicago Wants Climate Deception Claims Back In State Court
The city of Chicago says it should be in state court hashing out climate change deception claims against several of the nation's largest oil producers because the companies lodged "objectively baseless" arguments to remove its case to federal court.
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May 17, 2024
Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL
In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.
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May 17, 2024
Philly Surgeon Settles Sex Bias Case With Jefferson Hospital
An orthopedic surgeon who sued Thomas Jefferson University Hospital for gender discrimination over its handling of sexual assault allegations has settled his case with the hospital after a $15 million award in his favor was erased.
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May 17, 2024
Baldwin Wants 'Rust' Case Tossed, Says Grand Jury Was Duped
Alec Baldwin's attorneys urged a New Mexico state judge during a hearing Friday to throw out involuntary manslaughter charges against the actor in the "Rust" movie shooting, arguing prosecutors misled the grand jury in the case.
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May 17, 2024
NFL Gets Win In Gruden Arbitration Case, But Also A Warning
The NFL convinced a Nevada appeals court to order arbitration for the defamation suit by former Las Vegas Raiders coach Jon Gruden, but experts say the league shouldn't celebrate too hard in the end zone, because the justices shone light on cracks in its arbitration process.
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May 17, 2024
NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit
A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.
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May 17, 2024
Judge Bias Claim Can't Sink Mayo Clinic Ariz. Malpractice Win
An Arizona appellate court has affirmed a lower court bench ruling that let the Mayo Clinic in Arizona off the hook on malpractice claims lodged by a man who suffered serious complications after an abdominal procedure, in part ruling that he didn't show judicial bias requiring recusal.
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May 17, 2024
Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On
The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.
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May 17, 2024
Nancy Pelosi's Would-Be Kidnapper Sentenced To 30 Years
A California federal judge sentenced David DePape on Friday to 30 years in prison for attempting to kidnap then-House Speaker Nancy Pelosi and for assaulting her husband, saying his actions will likely deter people from entering public service, so "we will never know what we have lost because of this crime."
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May 16, 2024
Colo. Atty Faces Arrest For Skipping Malpractice Case Hearing
A Colorado state court issued a contempt citation and bench warrant for a suspended attorney who failed to appear at a hearing Thursday to discuss a $1.2 million malpractice judgment entered against him.
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May 16, 2024
Texas Court Tosses $222M Verdict In Worker Burn Death Suit
A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.
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May 16, 2024
BIC Hit With Class Action Over PFAS-Containing Razors
The makers of BIC razors intentionally use so-called forever chemicals in several of their products but failed to mention that to customers, who say they wouldn't have bought the razors if they'd known they were exposing themselves to toxic chemicals.
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May 16, 2024
Houston Hospital Must Face Patient's Improper Care Claims
A split Texas appellate court gave a patient a second shot at his lawsuit accusing Houston Methodist Hospital of botching his post-surgery care, finding Thursday that an expert report supporting the patient's allegations was adequate to survive a dismissal bid.
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May 16, 2024
Whirplool, Others Must Face Trimmed Gas Stove Safety Suits
Whirlpool Corp., Samsung Electronics and BSH Home Appliances Corp. must face trimmed claims in a trio of proposed class actions accusing them of failing to disclose to consumers the pollutant risks associated with natural gas stoves, a California federal judge ruled.
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May 16, 2024
NJ Judge Scrutinizes J&J Unit's Libel Claim Over Talc Study
A bankrupt Johnson & Johnson unit's libel claims over a scientific article linking talcum powder to mesothelioma intrigued a New Jersey federal judge during an oral argument on Thursday, prompting her to muse that the author's consideration of other exposures seemed to bolster the study at issue.
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May 16, 2024
EPA Doctor Not A Whistleblower For Slamming Lead Plan
A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.
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May 16, 2024
Taliban Victim Says Asylum Priority Practice Needs To Go
A Pakistani asylum-seeker asked a New York federal court to rule that the federal government's practice of prioritizing the most recent asylum applications in a backlog is unlawful, saying in a lawsuit that the policy has caused indefinite uncertainty and hardships.
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May 16, 2024
Judge Calls Out 'Cancel Culture' In Prof's Suit Against Penn
A Pennsylvania federal judge said University of Pennsylvania leaders embraced "cancel culture" when they chastised an anthropology professor for handling remains from the 1985 MOVE house bombing in Philadelphia, allowing the professor's defamation case against the school to move forward.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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How 2023 Shaped Drug And Medical Device Legal Trends
2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.