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Personal Injury & Medical Malpractice
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April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal
An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
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April 24, 2025
Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement
A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.
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April 24, 2025
'Egregious' Delays Wipe Out Ga. Health Fraud Case
A Georgia federal judge on Thursday dismissed an eight-year-old case over alleged Medicaid fraud, calling the government's delays in bringing three healthcare executives to trial "egregious" and noting that the alleged criminal conduct took place between 12 and 25 years ago.
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April 24, 2025
L'Oreal, P&G Sued Over Hair Dyes Blamed For Stylist's Cancer
A woman who developed bladder cancer after decades of exposure to hair dye is suing companies including L'Oreal, Coty, Procter & Gamble and others in California state court, claiming they concealed risks associated with certain chemicals in their products.
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April 24, 2025
Ill. Justices Affirm Venue Limits For Constitutional Challenges
The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."
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April 24, 2025
Ex-BigLaw Atty's Plea Deal At Center Of Death Proceeds Suit
The godson of a Georgia woman fatally shot by her husband, a former BigLaw partner, has pushed back against a claim from the administrator of the woman's estate regarding a provision in the attorney's plea deal that assigned wrongful death settlement proceeds to the godson and his brother.
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April 24, 2025
Pest Co.'s Ex-Employee Not Covered In Child Assault Suit
An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.
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April 24, 2025
Trampoline Park's Discovery Nixed Arbitration, NJ Panel Says
A Garden State trampoline park waived its right to compel arbitration in a negligence case by taking part in extensive discovery before filing its motion, a New Jersey appellate panel ruled Thursday.
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April 24, 2025
Verdict Upheld For Security Co. Accused In Teen's Drowning
A Connecticut judge has declined to set aside a jury verdict in favor of a security company that beat product liability and recklessness claims in the death of a teenager who drowned after sneaking into a Hartford park pool, rejecting arguments from the boy's mother that two evidence rulings tainted the outcome of her case.
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April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims
An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
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April 23, 2025
After Sanction Bid, Savannah Aims To Toss Cop Shooting Suit
Months after seeking sanctions against the attorneys representing the family of a Georgia man killed by police, the city of Savannah asked a federal judge Tuesday to toss the family's civil rights lawsuit and "refrain from second guessing" an officer's decision to shoot the man after he allegedly flashed a gun.
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April 23, 2025
3rd Circ. Backs Health Network In Suit Over Malpractice Case
The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Judge Orders MyPillow Attys To Explain AI Use, Fake Citations
A Colorado federal judge on Wednesday ordered two attorneys for MyPillow CEO Mike Lindell to explain why she shouldn't refer them for discipline for a brief full of misquotes, miscited cases and references to cases that "do not exist," noting that it wasn't until she asked about artificial intelligence that one of the lawyers admitted to his use of it.
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April 23, 2025
Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case
Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs couldn't show that the court retains personal jurisdiction over it.
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April 23, 2025
Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle
A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.
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April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste
Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
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April 23, 2025
Railcar Co. Owes Nothing In $600M Ohio Derailment Deal
A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
Ex-Morgan & Morgan Client Seeks Remand In Malpractice Suit
A former client of Morgan & Morgan has urged a Georgia federal court to return his proposed class action to state court, arguing that his complaint accusing the firm and a trial attorney of legal malpractice is a "local controversy" while the firm says he should arbitrate his claims.
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April 23, 2025
Weinstein Challenges Accusers' Credibility As Retrial Begins
Harvey Weinstein's attorney told a majority-women jury in his sexual assault retrial Wednesday that the "casting couch is not a crime scene" and that he merely had "mutually beneficial" relationships with aspiring actresses who later accused him of rape and sexual violence.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
New Videos Undercut Ex-Knick's Assault Claim, Judge Hints
A federal judge said Wednesday that new videos appear to show former New York Knicks player Charles Oakley slipping — not being pushed — during a 2017 altercation with Madison Square Garden security, evidence MSG's lawyers say disposes of his assault claims.
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April 23, 2025
No Coverage For Shopping Mall In Shooting Suit, Insurer Says
Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
Expert Analysis
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.