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Personal Injury & Medical Malpractice
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June 03, 2025
6th Circ. Backs OSU In Diver's Sexual Abuse Claims
A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.
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June 03, 2025
Adjustment Of Claims Ordered After $66M Boat Death Suit
A North Carolina federal judge granted a preliminary injunction ordering an adjuster to proceed with adjusting claims for insurers, including one related to a 2021 fatal Florida boat accident that resulted in a $66 million consent judgment against a policyholder.
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June 03, 2025
PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial
Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.
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June 03, 2025
Allstate Urges Ga. Panel To Undo Dismissal Sanction
Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.
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June 03, 2025
Weinstein Atty Casts Accusers As Abusers In Retrial Closing
A Manhattan jury on Tuesday heard closing arguments in Harvey Weinstein's retrial on sexual assault charges in New York state court, as his attorney said he was "abused" by "mad," "scorned" ex-lovers who didn't have the talent to make it in show business.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
Seaplane Co. Spars With Manufacturer On Fatal Crash Cause
A Washington state charter flight company is seeking vindication in a state court lawsuit over a 2022 seaplane crash in the Seattle area that killed 10 people, contending that the plane's Canadian manufacturer is ultimately to blame because it lied to regulators about the model's airworthiness to get approval in the 1950s.
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June 03, 2025
Canada Customers Agree To Halt 23andMe Data Breach Suits
23andMe and Canadian customers suing over a data breach agreed on Tuesday to pause lawsuits against non-bankrupt third parties for up to six months amid the DNA testing company's Chapter 11 proceedings in Missouri.
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June 03, 2025
Fla. Judge Trims Suit Over Cruise Passenger's Drowning
A Florida federal judge Tuesday declined to toss a lawsuit accusing Norwegian Cruise Lines of negligence in the death of a Pennsylvania man who drowned while on a shore excursion in Bermuda, but said the complaint must be refiled after ruling some counts weren't sufficiently alleged.
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June 03, 2025
License Lapse Gets Atty Suing NFL's Cardinals Suspended
The attorney representing former Arizona Cardinals Vice President Terry McDonough in his defamation suit against the NFL team and its owner has been suspended for one year from practicing in Arizona for continuing to represent McDonough while his state bar dues remained unpaid.
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June 03, 2025
Buyer Says Roofing Co. Hid Sex Harassment, Other Liabilities
A Colorado-headquartered roofing and exterior services company has sued an acquired business, D.K. Haney Inc., following a discovery that the $11.9 million deal overstated Haney's value by 77% due to a failure to reveal liabilities including sexual harassment by senior officers.
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June 03, 2025
Air Force Major, Wife Drop Negligence Suit Against Marriott
A Marriott hotel operator in North Carolina accused of failing to prevent the robbery and sexual assault of an Air Force major in a Charlotte hotel has secured a voluntary dismissal from the major's negligence federal lawsuit, while other Marriott entities, the property owner and a parking management company remain as defendants, the parties said Tuesday.
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June 03, 2025
2nd Circ. Says Social Worker Can't Challenge NY Abortion Law
The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.
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June 03, 2025
Safari Co. Can't Arbitrate Fatal Hippo Attack Suit, Court Told
A Connecticut-based tour operator cannot force into arbitration a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during a safari in Zambia, her husband and estate have said, claiming they didn't sign a "murky" private dispute clause attached to a ticket sale.
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June 03, 2025
Norton Rose Adds K&L Gates Product Liability Litigator In LA
Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.
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June 03, 2025
NJ Mayor Accuses US Atty Habba Of Defamation, False Arrest
Newark, New Jersey, Mayor Ras Baraka filed suit Tuesday against interim U.S. Attorney Alina Habba over his May 9 arrest outside a U.S. Immigration and Customs Enforcement facility he was visiting with three members of Congress, claiming false arrest, malicious prosecution and defamation.
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June 03, 2025
'Frivolous' Defamation Suit From Diddy Security Guard Tossed
A New York federal judge has thrown out a defamation suit brought by the former head of security for Sean "Diddy" Combs against high-profile attorney Gloria Allred and her client in a sexual assault suit against Combs, finding several of the claims "frivolous."
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June 03, 2025
Tom Girardi Sentenced To Over 7 Years For $15M Client Fraud
A California federal judge sentenced Tom Girardi on Tuesday to over seven years in prison for his wire fraud conviction, granting some leniency to the disbarred attorney on his 86th birthday by imposing a sentence below the guidelines in recognition of his age and ailing health.
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June 03, 2025
Motocross Co. Seeks Coverage For $20M Paralysis Suit
A motocross event company is seeking coverage for a $20 million personal injury suit after a child attending a 2022 championship was paralyzed while swimming in a creek onsite after another patron jumped in and landed on her, according to a suit removed to Tennessee federal court.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Pa. Panel Grants New Trial In Death Suit Against ER Doctor
A Pennsylvania appeals court on Monday ordered a new trial in a suit accusing an emergency room physician of negligently treating a man's cardiac issues which proved fatal, saying a medical journal article written by the defense's medical expert should have been admitted as evidence.
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June 02, 2025
Alaska Airlines, Flyers Say Boeing Can't Ditch Calif. Blowout Suit
Boeing's extensive business ties to California sufficiently establish a Golden State federal court's specific personal jurisdiction over a lawsuit stemming from a January 2024 midair door plug blowout aboard an Alaska Airlines flight, the airline and passengers told a federal judge Friday.
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June 02, 2025
Md. Gun Law Shouldn't Be Blocked, Baltimore Mayor Says
Legal scholars, gun violence prevention organizations and Baltimore's city council are all lining up to tell a federal court why they think stopping the state of Maryland from enforcing a law that would hold gunmakers liable for gun-related crimes would be a bad idea.
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June 02, 2025
Florida Court Tosses $28M Verdict Over Ignored Mandate
A Florida appeals court has vacated a $28 million verdict and ordered a new, bifurcated damages trial in a suit over a car accident, saying the trial court ignored a previous appeals court's mandate to keep evidence that the at-fault driver was drunk out of the compensatory-damages phase.
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June 02, 2025
Kansas City Chiefs Parade Victims Sue Gun Sellers, Organizers
Fans who were injured in a mass shooting that broke out at the Kansas City Chiefs' Super Bowl parade last year filed a lawsuit Monday in Missouri state court accusing gun sellers of lax sales practices and the event planners of failing to employ adequate security measures.
Expert Analysis
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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.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.