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Personal Injury & Medical Malpractice
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May 29, 2025
Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute
An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.
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May 29, 2025
Monsanto Won't Get Damages Offset In $100M PCB Tort Loss
A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.
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May 29, 2025
LA Fitness Didn't Stop Patron From Molesting Minor, Suit Says
LA Fitness has been hit with a $5 million lawsuit accusing it of failing to take action against a "violent and erratic" gym member who sexually assaulted a 14-year-old girl at one of the gym's locations in Miami-Dade County, Florida, two years ago.
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May 29, 2025
TikTok Can't Duck NY Suit Over Kids' Mental Health
TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.
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May 29, 2025
Conn. Group Home To Mediate $13.4M Death Appeal
An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.
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May 29, 2025
Restaurant Liable After Fraudster Steals $475K Settlement
A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.
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May 29, 2025
Colo. Court Says No Immunity For Telecom From Injury Suit
Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.
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May 29, 2025
DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case
The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.
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May 29, 2025
Home Depot Must Face Trial In Trip-And-Fall Suit
An Illinois federal judge on Thursday sent to trial a suit accusing Home Depot of causing a woman's trip-and-fall injuries in an outdoor garden center, saying it should be up to a jury to determine whether the fall was foreseeable by the company.
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May 29, 2025
Big Oil Caused Woman's Heat Wave Death, Novel Suit Says
The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."
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May 29, 2025
Ex-Atty's Death In Colo. Jail Sparks Suit Over Medical Neglect
The family of a disbarred attorney imprisoned for felony theft sued three members of the medical staff at the prison where he died, alleging in Colorado federal court Wednesday their neglect resulted in Steven Bachar dying from cardiac arrest after he asked for days for proper medical attention.
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May 29, 2025
Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President
Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.
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May 29, 2025
Insurer Wants Firm's $2.6M Malpractice Coverage Suit Tossed
Berkshire unit National Liability & Fire Insurance Co. called on a Georgia federal judge this week to throw out a law firm's claims that it was hung out to dry by its insurers in a malpractice case, arguing the suit is an impermissible attempt to convert a contract dispute into a negligence claim.
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May 28, 2025
Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene
Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.
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May 28, 2025
Insurers Get Meta MDL Coverage Fight Kicked Back To Del.
A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.
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May 28, 2025
Justices Told Del. Expert Law Doesn't Apply In Federal Court
A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.
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May 28, 2025
Mich. Top Court Won't Hear Shooting Victim Families' Appeal
The Michigan Supreme Court on Wednesday said it would not hear appeals from families of students killed or affected by the 2021 Oxford High School shooting, effectively ending their cases alleging the school and its employees were negligent in failing to prevent the killings.
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May 28, 2025
Execs Smuggled Billions In Goods To Skirt Duties, Feds Say
Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.
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May 28, 2025
Woman Filed Kidney Failure Suit In Time, NJ Panel Says
A group of urologists can't escape a woman's malpractice suit accusing them of misdiagnosing her bladder condition and ordering procedures that severely injured her, a New Jersey appeals court has ruled, saying that the statute of limitations on her claims was tolled until she discovered the real problem with her bladder.
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May 28, 2025
3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case
The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.
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May 28, 2025
Justices Seek SG's Take On Falun Gong Case Against Cisco
The U.S. Supreme Court has asked the solicitor general to weigh in on an Alien Tort Statute suit revived by the Ninth Circuit and lodged by a class of Falun Gong practitioners alleging that Cisco Systems aided in the Chinese government's crackdown on the religious movement.
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May 28, 2025
Liberty Mutual, Travelers Reach Deal In NYU Injury Dispute
Liberty Mutual and Travelers have reached a settlement in a dispute over coverage for a construction company sued by a New York University employee who was injured when he fell through an unused elevator shaft during a renovation project, according to a notice filed in Connecticut federal court Wednesday.
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May 28, 2025
Ex-WWE Exec To Aid Accuser In Suit Against Vince McMahon
A former World Wrestling Entertainment executive named by a former staffer in a graphic sexual assault and trafficking suit will now cooperate with the staffer against WWE and co-founder Vince McMahon after he was dismissed from the suit Wednesday.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
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May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros
A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
Expert Analysis
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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.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.