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Personal Injury & Medical Malpractice
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April 23, 2024
Baltimore Sues Owners Of Ship That Crashed Into Key Bridge
Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.
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April 23, 2024
Insurer Wants Out Of Skate Rink Rape Suit Coverage
A Selective Insurance Group affiliate on Monday asked a Georgia federal court to find it has no duty to defend an Atlanta-area skate rink where an employee allegedly kidnapped and raped an unaccompanied child in the aftermath of a shooting last year.
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April 23, 2024
NY Panel Partially Revives Chubb, Archdiocese Abuse Row
A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.
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April 23, 2024
Denver Wants Law Firm To Turn Over Docs For Fraud Probe
Fraud investigators for Denver Human Services have asked a state judge to force personal injury firm Ramos Law to provide employment records for one of the firm's case managers, saying the law firm has not yet provided records in response to subpoenas.
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April 23, 2024
New York Jets, Player Sued Over New Jersey Car Crash
A New Jersey man who was seriously injured in 2022 when his car was run off the road by a car driven by New York Jets cornerback Brandin Echols has sued the player and the team in New Jersey state court for negligence, assault by auto and violation of his civil rights.
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April 23, 2024
Boies Schiller Attys For Epstein Victims Beat Sanctions Bid
A New York federal judge on Tuesday evening rejected a request by associates of Jeffrey Epstein to sanction Boies Schiller Flexner LLP's chair and a co-managing partner, while also denying the Boies Schiller attorneys' subsequent motion to sanction the Epstein associates' counsel.
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April 23, 2024
Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told
A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.
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April 23, 2024
DOJ Unveils $139M Deal For Larry Nassar Victims
The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.
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April 22, 2024
Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims
Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.
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April 22, 2024
T-Mobile Can't Dodge Stolen Nude Photos Suit
T-Mobile can't dodge most of a suit seeking to hold the mobile behemoth liable for allegations that one of its employees stole nude photos from a customer's phone, which she turned in as part of a trade-in offer, a Washington federal court has ruled.
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April 22, 2024
Colo. Justices Clarify Med Mal Damages Cap Calculation
The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.
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April 22, 2024
Los Angeles Sues 3M, DuPont Over 'Forever Chemicals'
The city of Los Angeles is the latest to sue 3M, DuPont and other chemical companies over contamination caused by "forever chemicals," saying the substances from firefighting foam leech into the environment and that the companies "should pay to help clean up the mess that they created."
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April 22, 2024
Jury Hears Of Torture As Abu Ghraib Contractor Trial Wraps
After six days of trial and three hours of deliberation, the jury for a suit accusing military contractor CACI International of conspiring to commit torture at the Abu Ghraib military prison in Iraq recessed without a verdict Monday.
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April 22, 2024
Axl Rose Wants Model's 'Salacious' Sex Assault Suit Axed
Guns N' Roses lead singer Axl Rose has asked a New York state court to throw out a former Penthouse model's civil suit claiming he sexually assaulted her in a hotel in the late 1980s, arguing that the interaction was consensual and calling the claim "salacious, inflammatory and false."
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April 22, 2024
Alex Jones' InfoWars To Have Key Ch. 11 Plan Hearing In June
A Texas bankruptcy judge on Monday rescheduled to June 14 a key hearing on how the court should handle Alex Jones' media company Free Speech Systems LLC's Chapter 11, adding that he plans to keep the separate but interwoven bankruptcies of Jones and his company moving forward.
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April 22, 2024
Social Media MDL Attys Ordered To Sort Out Confidentiality
A California federal judge presiding over discovery in multidistrict litigation over whether social media platforms' design is addictive warned parties at a hearing Monday not to ask him to resolve disputes over confidentiality designations, asking repeatedly, "Why do they matter?" and saying, "These are the kinds of things that lawyers should work out."
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April 22, 2024
Ship Captain Can't Get New Trial Over Boat Fire That Killed 34
A California federal judge on Monday denied a new trial bid by a captain convicted of manslaughter in connection with a deadly boat fire, rejecting his argument that the judge issued an erroneous jury instruction, causing the jury to overlook a lesser alternative charge of gross negligence endangering a person's life.
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April 22, 2024
Father Asks Texas High Court To Take Up Gun Suicide Case
The father of a woman who died by suicide has asked the Texas Supreme Court to review the dismissal of his suit against a gun company, saying there were clear signs that his daughter was experiencing mental health problems and should not have been sold a weapon.
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April 22, 2024
Mich. Justices To Settle When Juries Make Crash Injury Call
Michigan's Supreme Court has said it would hear oral arguments in the case of a teen whose college baseball prospects may have been cut short by a car crash, as the court considers who should decide if an injury is serious enough to support a claim against the at-fault driver.
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April 22, 2024
J&J Hit With $45M Talc Verdict In Illinois Cancer Trial
An Illinois state jury has awarded $45 million to the estate of a woman who died from mesothelioma after using Johnson & Johnson's talc-based baby powder for years, finding that her exposure to asbestos fibers in the powder led to her cancer.
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April 22, 2024
Estate Rep, Not Trustee, Ruled Proper Defendant In Death Suit
A Minnesota appeals panel has thrown out a wrongful death suit filed by the daughter of a passenger killed in a car-motorcycle crash, saying that under state law she needed to file the suit against the personal representative of the driver's estate, not its trustee.
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
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April 22, 2024
Astroworld Victims Push For More Travis Scott Cell Data
Victims of Travis Scott's fatal Astroworld festival have made another push to access the rapper's cellphone records ahead of trial, telling the court Monday that defense attorneys "self-selected" search terms for the rapper's texts that are too narrow to capture communications he sent before and after the tragedy.
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April 22, 2024
Dentist Must Face Harassment Suit, Mass. Panel Says
A Massachusetts appellate panel on Monday revived claims that a dentist sexually harassed a female patient during a visit by allegedly making inappropriate comments and then purposely breaking her tooth after she rebuffed his advances.
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April 22, 2024
Man Keeps $1.8M Verdict In Calif. Auto Crash Injury Suit
A California appeals court won't upend a nearly $1.8 million verdict in favor of a man who said he was injured following a low-speed automotive rear-ending, saying the evidence was enough for the jury to conclude his active lifestyle was effectively ended by injuries from the crash.
Expert Analysis
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Breaking Down Insurers' Improper Recoupment Efforts
In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Working With Emergency Services: Tips For Frontline Attys
The best version of a first responder-crisis lawyer relationship involves one where the first responder can trust the attorney enough to give them all the details, knowing they will exercise discretion in how much they release to the public, say Lauren Brogdon at Haynes Boone, Rick Crawford at the Los Angeles Fire Department and Christopher Sapienza at the Yonkers Police Department.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.