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Personal Injury & Medical Malpractice
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April 04, 2025
House Dem Seeks Caffeine Warnings After Student Death
Fast food chains and energy drink makers should be required to slap a "high caffeine" warning on certain beverages, a U.S. House Democrat said, announcing his intention to push such a bill while standing next to the parents of a University of Pennsylvania student who died after drinking a now-discontinued caffeinated drink.
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April 04, 2025
Texas Says San Antonio Is Funding Out-Of-State Abortions
Texas Attorney General Ken Paxton accused the city of San Antonio of appropriating taxpayer funds to pay for pregnant women to travel out of state to seek abortions, in a lawsuit filed in state court Friday.
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April 04, 2025
Boston Bomber Asks 1st Circ. To Oust Judge Amid Bias Probe
Convicted Boston Marathon bomber Dzhokhar Tsarnaev on Friday asked the First Circuit to remove the Massachusetts federal judge who presided over his 2015 trial from conducting an inquiry into potential juror bias, after the jurist declined to recuse himself.
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April 04, 2025
LA County Inks Historic $4B Juvenile Sex Abuse Settlement
Los Angeles County announced Friday that it's reached a $4 billion tentative settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, a historic deal described by some as the largest-ever payout of its kind.
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April 04, 2025
Ohio AG Takes Trans Care Limits Bid To State Justices
Ohio Attorney General Dave Yost has taken his bid to reinstate limits on gender-affirming care for transgender youths to the state's highest court and wants the law's enforcement to continue throughout his appeal.
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April 04, 2025
Liberty Mutual Must Cover Trafficking Suits, Red Roof Says
Red Roof Inn is entitled to a defense from Liberty Mutual for 11 underlying suits involving alleged human trafficking at various hotel locations, the company told an Ohio federal court Friday, saying the insurer has reneged on its agreement to provide coverage.
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April 04, 2025
Veteran Sues Gov't Over Atlanta VA's Missed Diagnosis
An Army veteran has sued the federal government for $5 million, claiming a first-year resident and an attending physician at the Atlanta VA Medical Center failed to notify him he tested positive for syphilis, thereby allowing the infection to progress to neurosyphilis.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
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April 04, 2025
NBC Settles ICE Doctor's Suit Over Hysterectomy Reporting
NBC Universal and a gynecologist who accused the media company of falsely portraying him as having performed mass unwanted hysterectomies on women detained at an immigration detention center ended their suit on Friday after informing a Georgia federal court of a settlement.
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April 04, 2025
Kia's Defective Seat Caused Wife's Paralysis, Driver Says
A Kia owner filed a negligence suit against the automotive giant in Pennsylvania state court Thursday alleging that a defective design of the front passenger seat frame in his 2022 Kia Sorento caused his wife to become paralyzed after the couple was rear-ended by a Chevy pickup truck driver.
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April 04, 2025
Mich. Top Court Preview: Hospital Liability, Suit Deadlines
The Michigan Supreme Court this month will consider whether it should end employers' ability to contractually shorten limitations periods for workers to sue and will examine if a Corewell Health hospital can be liable for the acts of an independent physician.
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April 04, 2025
Meta Wins Bid To Transfer Del. MDL Coverage Fight To Calif.
The Judicial Panel on Multidistrict Litigation sent a Delaware insurance-coverage dispute between Hartford, Chubb Group entities and Meta to California where underlying personal-injury litigation is centralized, finding that although the parties accuse each other of forum shopping, "we are not inclined to finely parse which is the guiltier party."
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April 04, 2025
Sports Group Looks To Muzzle Maryland Gun Liability Law
A sports shooting and hunting group has asked a Maryland federal court to prevent the state from enforcing a law that holds gun manufacturers liable for gun-related crimes, which the group says contradicts the U.S. Constitution and federal statute.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 03, 2025
Optum, Express Scripts Want Judge Ousted From Opioid MDL
Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.
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April 03, 2025
Wash. Justices To Hear Amazon Chemical Suicide Suits
The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.
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April 03, 2025
Ga. School District, Teacher Sued Over 'Grooming' Of Student
A former student of a south Georgia school alleges in a lawsuit in federal court filed Thursday that she was groomed into a sexually abusive relationship with a teacher while she was a minor, accusing the school's officials of doing nothing to stop the teacher in the hopes that his misconduct would be "swept under the rug."
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April 03, 2025
3M, DuPont Sued Over Ga. Carpet Industry's PFAS Pollution
A Georgia environmental group and a farm owner have sued 3M Co., DuPont de Nemours Inc. and other companies involved in the state's carpeting manufacturing industry, seeking to hold them liable for "forever chemical" contamination in the Conasauga River.
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April 03, 2025
Gun Website Can't Sue Facebook Over Removal, Panel Says
A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
Helicopter Manufacturer Can't Nab Win In Mont. Crash Suit
A Montana federal judge on Thursday said that there's a genuine factual dispute about whether aircraft maker Kaman acted with malice or disregard of injury in a suit accusing it of defectively designing a helicopter that crashed and killed a pilot fighting a wildfire.
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April 03, 2025
Carnival Knew Of Assault Risks In Teen's Case, 11th Circ. Told
An attorney representing a Canadian woman who was sexually assaulted aboard a Carnival ship as a teenager in 2019 urged the Eleventh Circuit on Thursday to reinstate her lawsuit against the cruise company, arguing that the incident was foreseeable given dozens of reports received years prior documenting similar events.
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April 03, 2025
Baby Food Suit Must Face Trial Or Calif. Panel, 9th Circ. Told
Plum Organics buyers urged the Ninth Circuit on Thursday to ask the California Supreme Court to clarify Golden State's deception-by-omission law, or reverse Plum's summary judgment win and send to trial the consumers' allegations that the baby-food-maker failed to disclose potential toxins in its baby food products.
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April 03, 2025
Ex-Cop Asks 11th Circ. To Revive Bias Suit Against Fla. City
A former Opa-Locka, Florida, police officer has urged the Eleventh Circuit to revive her gender and age discrimination suit against the city over her termination after she filed a complaint with the U.S. Equal Employment Opportunity Commission.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.