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Personal Injury & Medical Malpractice
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April 28, 2025
Boeing Rips Investors' Class Cert. Bid In 737 Max Fraud Suit
Boeing has told an Illinois federal judge that pension funds and private investors cannot certify a sweeping class action seeking a "jaw-dropping" $15 billion in damages by alleging Boeing repeatedly misrepresented the overall safety and certification process for the 737 Max 8 jets after two deadly crashes in 2018 and 2019.
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April 28, 2025
Geico's Failure To Settle Caused $2.8M Judgment, Suit Says
A court-appointed receiver for an at-fault driver has told a North Carolina federal court that Geico should be on the hook for a more than $2.8 million consent judgment against the driver stemming from an August 2020 crash, saying the insurer failed to settle underlying injury claims for the driver's $100,000 limit.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit
A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.
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April 28, 2025
Petrol Co. Says Carriers Must Defend Benzene Injury Suit
A petroleum services company told a New York state court that three of its marine insurers have failed to cover any defense costs incurred in a benzene injury lawsuit, even after it said the lead insurer agreed to defend it under a reservation of rights.
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April 28, 2025
MyPillow Attys Blame Filing Error After Judge Suspects AI Use
Attorneys representing MyPillow CEO Mike Lindell in a defamation lawsuit from a former Dominion Voting Systems Corp. executive have told a Colorado federal judge that a February brief the court suspected of being written with AI was a rough draft filed by mistake.
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April 28, 2025
5th Circ. Keeps Nissan's Win In Technician's Shock Injury Suit
The Fifth Circuit has affirmed a summary judgment favoring Nissan in an electrical technician's personal injury lawsuit over a serious electric shock he sustained while working at a Nissan plant in Mississippi, finding there is no dispute that the technician's employer was an independent contractor for the automaker and knew about the risk of the injury.
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April 28, 2025
Texas Law Firm Beats Sanctions Ruling In Barratry Suit
A Lone Star State appellate court has tossed a $240,000 sanctions order for a Houston personal injury firm accused of leveling unfounded barratry claims against a client's former firm, finding that the trial court's order was issued after its jurisdiction had expired.
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April 28, 2025
Prior Suit Dooms Guest's Suit Over Toss From Hotel Over Pot
A Texas federal court has thrown out a man's lawsuit alleging he was illegally thrown out of a hotel for using cannabis, saying he can't take "another bite of the apple" after losing an identical case in state court.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
$2.1B Verdict 'Poisoned' By Omitted Evidence, Monsanto Says
Monsanto has asked an Atlanta-area court to undo a more than $2 billion jury verdict awarded to a man who said his cancer was caused by the weedkiller Roundup, arguing that the award is unconstitutional and that the trial was riddled with inadmissible evidence and false testimony.
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April 25, 2025
Refusing Mental Healthcare Means Liability, Pa. Justices Rule
Physicians in Pennsylvania can be held liable for turning away a mental health patient who goes on to harm someone if that patient came to the hospital asking for help, the state Supreme Court ruled Friday.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
Roblox, Discord Enabled Fla. Minor's Exploitation, Suit Says
A Florida minor who was sexually exploited on the platforms Roblox and Discord has sued both companies in California, claiming they fail to protect vulnerable users.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
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April 25, 2025
Tort Report: Texas Justices Set Dram Shop Standard
The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 25, 2025
Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules
In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
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April 25, 2025
Uber Asks NC Panel To Toss 3rd Suit Over Trucker Death
Uber's trucking and logistics arm has asked a North Carolina state appeals court to dismiss a packaging company's declaratory judgment suit over a trucker's death, arguing Friday that it is already facing two suits over the incident in other states and the lower court should not have let the case continue.
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April 25, 2025
Father Trapped In Tesla During Fatal Fire, Family Claims
The family of a father who died while trapped inside his Tesla Model 3 as it "spontaneously combusted and erupted into fire" is suing the automaker in California state court, claiming it was aware its doors would malfunction during a fire but hid that from consumers.
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April 25, 2025
Ga. HOA Not Covered In $10M Dog Attack Suit, Insurer Says
An insurer told a Georgia federal court that it doesn't owe coverage to a homeowner's association in a $10 million suit brought by a woman who said she was viciously attacked by her neighbor's dogs in part because of the association's failure to enforce its covenant on animals.
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April 25, 2025
Trump Seeks $53K Fee Award In Central Park 5 Suit
President Donald Trump says his attorneys from Dhillon Law Group Inc. are owed more than $53,000 in attorney's fees and costs from the Central Park Five after a Pennsylvania federal judge tossed most of the charges from their suit earlier this month.
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April 25, 2025
Mich. Firm Opposes Fee Bid For 'Mishandled' Civil Rights Case
A Michigan law firm is opposing a request for excessive fees from lawyers who it says improperly withdrew from a suit they "mishandled" that nevertheless succeeded, asking a federal judge to instead determine a reasonable fee split.
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April 25, 2025
Nelson Mullins Adds Product Liability Pro In Charlotte
Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.
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April 25, 2025
World Cup Workers Sue PR Firms For Hiding Labor Abuses
Two public relations giants helped the Qatari government hide human trafficking and other labor abuses in the construction of venues for the 2022 men's World Cup, more than 100 Filipino migrant workers claim in a suit in New York federal court.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.