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Personal Injury & Medical Malpractice
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June 18, 2025
6th Circ. Vacates Removal, Judge Slams High Court's Ruling
The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.
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June 18, 2025
Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit
The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.
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June 18, 2025
4th Circ. Backs Ban On Handgun Sales To Young Adults
A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.
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June 18, 2025
11th Circ. Gives Longshoreman Another Shot At Crash Suit
The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.
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June 18, 2025
Hong Kong-Based Airline Sued Over Failed Takeoff To LA
Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.
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June 18, 2025
Punitive Damages Allowed In Mother's Hotel Fire Death Suit
A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.
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June 18, 2025
Pa. Injury Atty With 'No Idea Who He Is Suing' Faces Discipline
A Pennsylvania federal judge reprimanded Simon & Simon attorneys Tuesday for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart without a presuit investigation and adding store managers as a ploy to beat federal jurisdiction, criticizing counsel for racing through courts "wearing blinders" with "no idea who he is suing."
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June 18, 2025
Atty Accused Of Forgery, Stealing Client's Settlement
An attorney and his firm have been accused by a former client in Colorado state court of negotiating a settlement without his knowledge, forging his signature on the deal and keeping the money for himself.
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June 18, 2025
Jury Awards $76M To Pipefitter Burned In Kroger Explosion
A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.
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June 18, 2025
Emotional Distress Claims Rejected In OSU Doctor Abuse Suit
A federal court has ruled that student-athletes suing the Ohio State University after being abused by an athletic team doctor cannot recover emotional distress damages under private Title IX actions.
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June 18, 2025
American Airlines Can't Escape In-Flight Sex Assault Suit
A New Jersey federal judge won't toss a woman's suit against American Airlines Inc. alleging that its negligence resulted in her being sexually assaulted on an overnight flight, finding that the complaint sufficiently states that the alleged attacker's actions could have been noticed by the flight crew.
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June 18, 2025
NJ Justices OK Mass Tort For Detention Center Abuse Suits
The New Jersey Supreme Court has designated more than 100 cases alleging sexual abuse at state-owned and operated juvenile detention facilities as multicounty litigation, according to a notice to the bar published Wednesday.
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June 18, 2025
Tarter Krinsky Brings Back Healthcare And Pharmacy Chair
Tarter Krinsky & Drogin LLP announced on Wednesday the rehiring of its former healthcare and pharmacy law practice chair after a nearly two-year stint as a shareholder with Polsinelli PC's national healthcare group.
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June 18, 2025
Atty Loses Final Bid To Appeal Law School Loan Judgment
A Connecticut lawyer must repay his ex-girlfriend $30,000 to cover loans she cosigned for his law school expenses, with the Connecticut Supreme Court denying his petition for certification to appeal.
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June 18, 2025
California Cities Say Enviro Group Destroyed Testing Data
The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."
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June 17, 2025
Split 9th Circ. Wants Review Of Migrant's Mental Competency
The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.
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June 17, 2025
Uber Gets Fatal Crash Suit Sent To Arbitration
The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.
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June 17, 2025
NJ Court Says Unqualified Expert Dooms Med Mal Suit
A New Jersey appellate panel on Tuesday tossed a medical malpractice suit alleging a physician failed to properly treat a man's internal bleeding that proved to be fatal, ruling that the plaintiff's expert affidavit was insufficient because the expert did not specialize in the same area as the defendant doctor.
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June 17, 2025
Feds Escape Suit Over NC Woman's Death In Mexico
A North Carolina federal judge freed the federal government from a lawsuit by the estate of a woman who died, allegedly by foul play, while vacationing in Mexico, finding that the targeted agencies are shielded under an exception in the Federal Tort Claims Act.
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June 17, 2025
Ga. Panel Considers New Statute In $46M Med Mal Case
Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.
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June 17, 2025
Medical Documents Fair Game In STD Suit, Ga. Panel Says
An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
11th Circ. Clears Carnival In Suit Over Sex Assault Of Teen
The Eleventh Circuit on Tuesday sided with Carnival Corp. in a suit from a passenger who sought to hold the cruise line liable for a sexual assault against her when she was 15, finding that the facts of the case didn't support the argument that it had notice of the risk of any assault.
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June 17, 2025
DOJ Urged To Add Prosecutors Amid Threats To Congress
Following the tragic shooting of Minnesota state lawmakers, the top Republican and Democrat on the committee that oversees the U.S. Capitol Police are asking the U.S. Department of Justice to give the force more prosecutorial resources.
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June 17, 2025
Ozempic, Wegovy Users Want NJ To Host Vision-Loss Suits
Twenty-one New Jersey-based plaintiffs who claim they suffered permanent vision loss after taking the blockbuster drugs Ozempic and Wegovy are seeking to consolidate their lawsuits as multicounty litigation against drugmaker Novo Nordisk, citing a growing body of scientific evidence linking the medications to a rare and irreversible eye condition.
Expert Analysis
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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.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.