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Personal Injury & Medical Malpractice
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April 18, 2025
OxyChem Unit Settles Bid To Share Ohio Derailment Blame
Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.
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April 17, 2025
Apple Slams Claim Amber Alert On AirPod Hurt Boy's Hearing
Apple urged a California federal judge Thursday to toss claims that a set of AirPod Pro earbuds was defective, causing an Amber alert to damage a 12-year-old boy's hearing, saying there's no evidence the notification could have caused the injury and the family's expert didn't rule out COVID-19 as the cause.
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April 17, 2025
Bard Plant's Emission Controls Weren't Up To Snuff, Jury Told
A Georgia state jury heard Thursday that a C.R. Bard medical equipment sterilization plant carelessly emitted ethylene oxide by going years without pollution controls, and later failing to diligently use and maintain the controls it did eventually install.
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April 17, 2025
Ozempic Caused Blindness, NC Woman Claims
A North Carolina woman said in New Jersey federal court Wednesday that her use of the diabetes drug Ozempic resulted in the permanent loss of her vision, alleging that manufacturer Novo Nordisk A/S should have known the drug could cause blindness.
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April 17, 2025
NC Justice Unsure Contractor Can Avoid Workers' Comp Payout
A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.
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April 17, 2025
Argentine Gunmaker Seeks Exit From Pistol Defect Suit
An Argentine gun manufacturer asked a federal judge Wednesday to toss a Georgia man's lawsuit alleging a dangerous defect in the design of a 9mm pistol caused him to be shot when the gun accidentally discharged, arguing the court lacks jurisdiction over the case.
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April 17, 2025
Patient Drops Suit Over Scalpel Blade Left In Him For 5 Years
A New York man who accused his surgeon of leaving a scalpel blade in his shoulder after a 2018 operation and then covering up the mistake for years has come to an agreement with that doctor and the surgery center he worked in to dismiss their dispute from Connecticut federal court.
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April 17, 2025
Frontier Slapped With Suit Over Cycling Accident
Frontier Communications is liable for the serious injuries of a man who was thrown from his bicycle after he became caught in a loose cable that was hanging in the road, a lawsuit filed recently in Connecticut state court says.
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April 17, 2025
9th Circ. Revives Defect Suit Against CR Bard Over Clot Filter
The Ninth Circuit on Thursday revived a patient's allegations that C.R. Bard's blood clot-preventing IVC filter was defective, ruling that a lower court was wrong to throw out the suit as untimely since there are factual disputes as to when the patient noticed the filter had malfunctioned.
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April 17, 2025
Co. Seeks 2nd Shot At Asbestos RICO Suit, Citing New Info
New information supplied by confidential whistleblowers is cause for an Illinois federal court to allow a Los Angeles pipe manufacturer a second chance at pursuing a racketeering case against a Chicago area law firm, the company has argued in a motion to alter or amend the judgment.
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
Insurer Owes No Coverage For Fatal Facade Collapse
An insurer has no duty to defend a roofing contractor in a wrongful death lawsuit alleging that two individuals died from the collapse of a building facade, an Illinois federal court ruled, finding a prior works exclusion applicable.
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April 17, 2025
NJ Says Discord Misled Public About Messaging App's Safety
New Jersey Attorney General Matt Platkin alleged in a complaint Thursday that popular messaging app Discord has misled kids and parents for years about the app's safety, leaving children vulnerable to harassment, abuse and sexual exploitation.
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April 16, 2025
Bard Sickened Ga. Man With Medical Gas Pollution, Jury Told
A C.R. Bard medical equipment sterilization plant secretly "poisoned" a resident of a Georgia town by emitting ethylene oxide for 50 years, a jury heard in opening statements Tuesday, while Bard told the jury it "overwhelmingly" demonstrated reasonable care with the powerful gas.
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April 16, 2025
Philly Housing Agency Seeks Out Of Suit Over Fatal Fire
The Philadelphia Housing Authority on Wednesday urged a Pennsylvania federal court to free it from a lawsuit accusing it of responsibility for a fatal 2022 public housing fire that killed 12 residents, saying administrators of the decedents' estates failed to show that the agency directly caused the fire.
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April 16, 2025
Judge Pauses Md. Depositions In Bridge Collapse Suit
A federal judge has paused an order forcing witnesses associated with Grace Ocean and Synergy Marine, which owned the cargo ship that struck Francis Scott Key Bridge, to be deposed in Maryland, finding it unclear whether they're employees who can't be forced to come to the United States and must be subpoenaed.
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April 16, 2025
Ex-Ga. Sheriff Sued Over 'Deplorable' Jail Conditions
Former Clayton County, Georgia, Sheriff Victor Hill, who was convicted in 2022 of violating his detainees' civil rights by leaving them strapped to a chair for hours at a time, was sued by a detainee who says she faced "deplorable" conditions in the Clayton County Jail.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
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April 16, 2025
Conn. Town Wants Murder Exoneree's $5.7M Jury Win Tossed
A Connecticut town has asked a federal judge to either toss or zero out an exonerated murder defendant's $5.7 million jury trial win, saying one of its police officers did not, as a matter of law, assist a state police officer in fabricating a jailhouse informant's testimony.
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April 16, 2025
Orlando Health Hit With $45M Verdict Over Heart Attack Death
Orlando Health Inc. was hit with a $45 million verdict after a Florida jury found the healthcare company acted with reckless disregard when treating a heart attack patient who died while waiting for a transfer to another Orlando Health facility by helicopter despite a competing hospital being available a few miles away.
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April 16, 2025
Helicopter Co. Can't Block Testimony In Crash Suit, Family Says
The family of a helicopter pilot who died fighting a wildfire has told a Montana federal judge that the manufacturer shouldn't be allowed to exclude their experts' testimony, since the company already had a chance to ask them about their theories.
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April 16, 2025
5th Circ. Says Late Settlement Notice Means No Coverage
A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.
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April 16, 2025
Chiropractor Sues Law Firm For Filing Delay After $3M Verdict
A Florida chiropractor is suing his former law firm for malpractice after he says it failed to timely file an action against his liability insurer following a $3.7 million judgment against him.
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April 16, 2025
Gymnast's Estate Blames Connecticut For Fatal Injury
The state of Connecticut is responsible for the wrongful death of a 20-year-old Southern Connecticut State University gymnast who was fatally injured during a 2019 training exercise, her estate said in a newly retooled lawsuit over the incident.
Expert Analysis
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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.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Opinion
Congress Should Pass Sex Abuse Settlement Tax Exemptions
The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.