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Personal Injury & Medical Malpractice
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March 18, 2024
NJ Official Says Court System Can't Avoid Harassment Suit
A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.
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March 18, 2024
High Court Declines To Review Appeal Of EMT Liability Suit
The U.S. Supreme Court on Monday declined to take up an appeal of a Tenth Circuit decision finding a group of EMTs had qualified immunity in a suit alleging their failure to secure the neck of a man who'd been injured in a bar fight caused his death.
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March 15, 2024
Atlanta Police Taser Trial Ends In Late Night Mistrial
A four-day Georgia federal trial over allegations that a former Atlanta Police Department officer Tasered a woman while she was handcuffed during a traffic stop ended in a mistrial late Friday night with the trial's eight jurors unable to agree on a verdict.
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March 15, 2024
Awning Maker Can't Shade Itself From CPSC Defect Lawsuit
Awning maker SunSetter can't evade claims it concealed an allegedly deadly defect by arguing that the U.S. Consumer Product Safety Commission is unconstitutional, a Massachusetts federal judge ruled, leaning on a Fifth Circuit ruling that may not be long for this world.
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March 15, 2024
Tesla Owes $42.5M To Injured Motorcyclist, Jury Says
An Indiana state jury has awarded $42.5 million to a motorcyclist who was hit by a Tesla employee taking a left turn across traffic in a Ford work truck.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
Ohio Obstetrician Keeps Trial Win In Suit Over Baby's Death
An Ohio state appeals court has refused to overturn a trial win for an obstetrician accused of medical malpractice in the delivery of an infant who died shortly after birth, finding that the parents aren't allowed to question the doctor about whether his hospital privileges were pulled following the death.
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March 15, 2024
Dram Shop Law Clarified By Fla. Justices' Negligence Ruling
The Florida Supreme Court's recent decision not to reinstate a nearly $31 million jury award against a bar that served alcohol to an underage person who later crashed into a pedestrian was the right call, experts said, and provided much needed clarity on the state's dram shop statute.
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March 15, 2024
Mich. Judge Wrong To Toss Weather Expert From Icy Fall Suit
A trial court judge erred by finding that a weather expert's testimony wouldn't be relevant in a caretaker's suit alleging she slipped on black ice at her employer's property, a Michigan appellate panel has said, holding that the weather leading up to and during her fall is directly related to her claims.
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March 15, 2024
Ga. Juror's Google Search Sinks Child Cruelty Conviction
A Georgia court of appeals threw out in part a man's conviction in a sexual battery and cruelty to children case after a juror looked up the charges on Google during re-deliberation, finding Friday that he is entitled to a new trial on one of the seven counts against him.
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March 15, 2024
Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit
An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants.
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March 15, 2024
Pa. University Knocks Out Surgeon's $15M Sex Bias Win
A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.
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March 15, 2024
Transit Agency Must Face Suit Over Driver's Alleged Assault
A Massachusetts law that shields government agencies from liability in some situations doesn't give immunity to a transit authority for continuing to employ a bus driver who allegedly had a history of violence and went on to seriously assault a pedestrian, an intermediate state appellate court determined Friday.
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March 15, 2024
Fla. Jury Lets Insurer Off Hook For $12M Award
A Florida federal jury on Friday found that National Indemnity Company of the South did not act in bad faith in its handling of claims against a Florida Keys construction and landscaping company and the company's employee over a fatal car crash that led to an $11.8 million judgment.
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March 15, 2024
Judge Voids Boy Scouts Ch. 11 Ballots For Likely Forgery
Three Chapter 11 plan ballots that opted for a quicker but smaller settlement payout in the Boy Scouts of America's bankruptcy should be tossed, a Delaware bankruptcy judge has ruled, finding they were likely forged.
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March 15, 2024
Influencer Says Ex-BigLaw Atty Can't Get Stalking Injunction
A social media influencer urged a Florida federal court on Thursday to throw out a request from former Greenberg Traurig LLP patent attorney Allan Kassenoff for an injunction against cyberstalking as the lawyer pursues a $150 million defamation suit against him.
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March 15, 2024
NCAA Trans Policies Attacked By Female Student-Athletes
A group of female college athletes have attacked the National Collegiate Athletic Association's transgender policies, alleging that the group violated their civil rights to retain its control over monetized college sports, according to a proposed class action filed in Georgia federal court.
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March 15, 2024
Off The Bench: QB 'Extortion,' Bears Bias Suit, Trans Athletes
In this week's Off The Bench, Dallas Cowboys quarterback Dak Prescott claims a woman wants him to buy her silence about an alleged sexual assault, a man says the Chicago Bears denied him a job because he is white, and an inclusive roller derby team fights a county order denying facilities access to transgender girls and women.
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March 15, 2024
Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt
The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.
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March 15, 2024
Conservative Law Group Asks Justices To Hear FDA Vape Suit
A free-market advocacy group and a vape industry association are urging the U.S. Supreme Court to upend the U.S. Food and Drug Administration's decision denying a manufacturer permission to sell flavored vapes, arguing that the FDA is "moving the goalposts" when it comes to what kind of data is needed when applying.
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March 14, 2024
Fox News Accused Of Lying About Ukrainian Reporter's Death
The parents of a Ukrainian journalist who died while reporting on Russia's invasion of her homeland sued Fox News on Thursday in New York state court, saying the network is trying to conceal its responsibility for the death of their daughter and shifting blame to a security adviser.
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March 14, 2024
Life Became 'Pointless' After Handcuffed Tasering, Jury Hears
A woman who says she was Tasered while handcuffed by a former Atlanta Police Department officer told jurors Thursday that the trauma of the 2018 incident had, in the intervening years, shattered her career, her relationships with her friends and family, and her sense of self.
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March 14, 2024
No New Trial In $22M Death Case, Georgia Court Says
The Georgia Court of Appeals on Wednesday said a trial court rightly refused to grant an off-road adventure park's motions for directed verdict and new trial in a case in which a jury awarded $22 million to the wife of a man who died while riding his dirt bike on a park trail.
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March 14, 2024
PE Firm Riverspan Agrees To Pay $32M For Barretts' Assets
Barretts Minerals Inc. told a Texas bankruptcy court Thursday that a unit of private equity firm Riverspan Partners had won an auction for its assets with a $32 million cash offer, money that the talc-mining company intends to use to fund a settlement trust for alleged victims of asbestos exposure.
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March 14, 2024
DC Judge Says 2020 Lafayette Square Protestors Can Refile
Protesters suing federal officials over the forcible removal of racial justice demonstrators from Lafayette Square in June 2020 can amend their suits to add claims against the federal government and former President Donald Trump, a D.C. federal judge has ruled.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.