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Personal Injury & Medical Malpractice
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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.
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April 16, 2025
Sheriff's Office, Town Want Forced Catheter Suit Tossed
Current and former officials in Hollis and Harmon County, Oklahoma, are urging a federal court to throw out a suit from a man who alleges he was forcibly catheterized without his consent following a traffic incident in violation of his civil rights.
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April 15, 2025
Fla. Jury Awards $17M To Mother, Daughter Burned In Fire
A Florida state court jury awarded a mother and daughter $17 million in damages for injuries they sustained in a 2022 apartment complex fire after a jury found the property manager and owner responsible for failing to locate an aerosol can that was left underneath an oven following renovations.
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April 15, 2025
DC Asks Judge To Narrow Nursing Home Ruling
The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.
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April 15, 2025
Novo Nordisk Seeks Toss Of Hospital's Insulin Pen Suit
Novo Nordisk has told a Connecticut federal judge that a hospital in the state didn't show that the pharmaceutical company didn't warn nurses that its insulin pens are meant to be used with only one patient in a suit over a $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections.
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April 15, 2025
J&J, Others Say Asbestos Trusts Can't Purge Records
A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.
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April 15, 2025
Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered
A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.
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April 15, 2025
Mich. Healthcare Providers Urge Court To Keep Damage Caps
Two of Michigan's largest healthcare providers told the state Supreme Court to uphold caps on medical malpractice damages, warning the justices of runaway verdicts and skyrocketing healthcare costs if the caps are lifted.
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April 15, 2025
Ga. Woman Says Baby 'Ripped Away' After Embryo Mix-Up
A South Carolina fertility clinic has been hit with a lawsuit from a former patient alleging that its doctors placed the wrong embryo inside her — a fact she discovered only when she, a white woman, gave birth to a Black boy — only to have the baby "ripped away from her" by his biological parents after months of raising him as her own.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide
A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.
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April 14, 2025
Earthquake Briefly Interrupts Judge's Retrial In Wife's Killing
The retrial for an Orange County judge who is accused of drunkenly shooting his wife to death in their home after an argument took a dramatic turn Monday morning when a 5.2-magnitude earthquake struck Southern California, shaking the courtroom and abruptly interrupting opening statements from the judge's attorney.
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April 14, 2025
9th Circ. Says $24M Punitive Damages In Jail Death Too Steep
A jury correctly determined that a healthcare contractor was liable for the death of a woman in custody in a Washington jail, a split Ninth Circuit panel ruled Monday, but its $24 million award for punitive damages was excessive.
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April 14, 2025
Chubb Units Owe $9M For Sex Abuse Settlement, Court Told
A former student of a Brooklyn private school said two Chubb units are on the hook for a $9 million settlement he entered into with the school to resolve sexual abuse claims, telling a New York federal court that the insurers unreasonably delayed and refused to settle his claims.
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April 14, 2025
Judge Says Barretts Needs Independence To Resolve Ch. 11
A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.
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April 14, 2025
Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says
Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.
Expert Analysis
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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.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.