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Personal Injury & Medical Malpractice
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May 22, 2025
New Orleans Archdiocese Strikes $179M Abuse Deal
The committee representing sexual abuse claimants in the Chapter 11 case of the Roman Catholic Archdiocese of New Orleans that began five years ago has announced it reached a roughly $179 million settlement of hundreds of abuse claims.
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May 21, 2025
Ore. Fire Verdict Brings PacifiCorp Damages To $385M
An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.
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May 21, 2025
'DIY' Rape Kit Ban Challenge Seems To Leave 9th Circ. Split
A Ninth Circuit panel appeared divided Wednesday over a company's appeal in its case challenging Washington state's ban on self-administered DNA collection kits for sexual assault survivors, with one judge remarking the product "doesn't do a whole heck of a lot" if the evidence isn't admissible in court.
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May 21, 2025
Google, Character.AI Can't Escape Suit Over Teen's Suicide
A Florida federal judge on Wednesday greenlit the bulk of claims in a suit accusing Character.AI and Google of causing a 14-year-old's suicide after he became addicted to an artificial intelligence chatbot, saying the AI app can be considered a product for the purposes of a product liability claim.
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May 21, 2025
Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment
A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.
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May 21, 2025
Yale Says Misconduct Tanks Ex-Student's Defamation Case
Yale University and a woman who accused a classmate of sexual assault, resulting in his expulsion, have together asked a Connecticut federal judge to throw out the since-acquitted student's defamation and contract claims, arguing that repeated and "egregious" litigation misconduct despite court warnings warrants dismissal.
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May 21, 2025
Conn. Diocese Ch. 11 Plan Approved With $31M Abuse Fund
A Connecticut bankruptcy judge on Wednesday approved the Chapter 11 plan of the Norwich Roman Catholic Diocese, clearing the way for survivors of childhood sexual abuse at the hands of priests and religious brothers to be compensated through a $31 million settlement fund.
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May 21, 2025
Texas Bills To Watch Before The End Of The 2025 Session
With less than two weeks remaining in the Texas legislative session, lawmakers will hit several deadlines in the coming days that will seal the fate of bills surrounding legal procedure, abortion, artificial intelligence and other topics.
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May 21, 2025
SC Justices Affirm Receivership Order In Asbestos Dispute
The South Carolina Supreme Court on Wednesday unanimously upheld a trial court's decision to appoint a receiver over a Canadian company's insurance assets as part of discovery sanctions in an asbestos injury lawsuit, despite the company's contention it possesses no property in the state.
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May 21, 2025
Goddard Systems Settles $11M Shaken Baby Suit In Conn.
Goddard Systems Inc. has settled a lawsuit claiming that negligence in hiring at one of its franchise schools resulted in an employee shaking an infant and permanently injuring them, according to a new order issued in the Connecticut Superior Court.
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May 21, 2025
Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal
A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.
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May 21, 2025
School Shooting Victims' Suits Tossed After 6th Circ. Ruling
Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.
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May 21, 2025
Pa. Justices To Mull State DOT Liability For Hanging Branches
The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.
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May 21, 2025
Girardi's Son-In-Law Was No 'Babe In The Woods,' Feds Say
The Chicago federal judge presiding over a summer client theft trial against Girardi Keese founder Tom Girardi's son-in-law should not limit the government's case based on positions it took during Girardi's California trial because its positions are consistent, and the cases are charged differently, prosecutors argued Wednesday.
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May 21, 2025
Clerk Shouldn't Have Deemed Injury Suit Late, Pa. Court Rules
The Pennsylvania Superior Court ruled in a precedential opinion that a county prothonotary clerk did not have the authority to reject an injury lawsuit against a resort as lacking the proper signatures or as untimely after the filing sat in the courthouse for five days, with the appellate court reviving the case for further proceedings.
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May 21, 2025
50 Cent Wants Ch. 11 Reopened To Fight Woman's $20M Suit
A Connecticut bankruptcy judge will review under seal a woman's $20 million New York injury suit against recording artist 50 Cent during an agreed-upon pause in the state court proceeding, helping her decide whether the rapper can use his Chapter 11 case to torpedo the woman's claims.
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May 20, 2025
Subpoena For Alleged Trans Care Must Stand, Texas Says
A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.
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May 20, 2025
Venezuelan Nationals' RICO Suit Asserting Defamation Tossed
A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.
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May 20, 2025
4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury
The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.
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May 20, 2025
UPS Can't Escape $75M Crash Award To Brain-Damaged Baby
A Missouri appellate panel on Tuesday affirmed a jury's $65 million verdict plus about $10 million in interest in a suit accusing United Parcel Service of negligently causing a car crash resulting in a baby's brain damage, saying evidence regarding the driver's history of drug abuse was properly allowed.
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May 20, 2025
Full 11th Circ. Asked To Review Case Of Fla. Lodge Shooting
A Virginia insurer petitioned for a full Eleventh Circuit panel hearing to review a three-judge opinion holding that a jury should decide whether it was in bad faith to not settle a case of a woman who was killed in a Florida lodge shooting, saying the ruling could make insurance more expensive.
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May 20, 2025
Mich. Senate Passes Bills Expanding Sex Abuse Suit Window
Michigan lawmakers on Tuesday advanced legislation that gives victims of sexual abuse a chance to file previously time-barred lawsuits and strips educational institutions of legal immunity if they fail to prevent abuse.
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May 20, 2025
Vape Pen Exploded In Conn. Man's Pocket, Suit Says
A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.
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May 20, 2025
Ga. Panel Says Affidavit Won't Sink Couple's Surgery Suit
The Georgia Court of Appeals rejected Southern Regional Medical Center and one of its nurses' arguments that a trial court should have tossed a married couple's lawsuit over injuries stemming from a hysterectomy over their failure to attach a required affidavit to their complaint.
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May 20, 2025
Ill. Panel OKs $2.8M Foot Surgery Award, But Questions Bond
An Illinois jury's $2.8 million verdict against a podiatrist accused of botching two foot surgeries should stand, but the trial court should reconsider a higher appeal bond if the defendants decide to pursue further review, a state appellate panel said Monday.
Expert Analysis
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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.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.