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Personal Injury & Medical Malpractice

  • May 15, 2025

    9th Circ. Doubts Anti-Trans Orgs Can Nix Youth Runaway Law

    Ninth Circuit judges questioned Thursday if anti-transgender groups and parents had standing to challenge a Washington state law intended to ensure shelter for runaway teens seeking gender-affirming care, with one judge asking "where are the parents" who have been adversely affected.

  • May 15, 2025

    Memphis Seeks Atty Sanctions In Tyre Nichols Beating Case

    The city of Memphis, Tennessee, has asked a judge to impose sanctions on high-profile civil rights lawyers Ben Crump and Antonio Romanucci, arguing that they issued a press release that falsely said a lawsuit over the police beating death of Tyre Nichols could not bankrupt the Memphis government.

  • May 15, 2025

    Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.

    The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.

  • May 15, 2025

    Ex-IU Basketball Players Move To Keep Sex Abuse Suit Alive

    Four former Indiana University men's basketball players told a federal court it should not toss a lawsuit alleging the school covered up sexual assaults by a team physician, saying they only recently learned that what he did was abuse and that the university ignored it.

  • May 15, 2025

    Insurer Wants Smokestack Demo Cos. To Pay For Damage

    Erie Insurance is seeking to make the companies that demolished two smokestacks at a former Western Pennsylvania coal-fired power plant pay $375,000 for damage that flying dust, debris and shock waves did to a neighboring property, according to a lawsuit filed in state court.

  • May 15, 2025

    5th Circ. Says Samsung Must Face Battery Suit In Texas

    A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.

  • May 15, 2025

    Justices Say Context Matters When Evaluating Use Of Force

    The U.S. Supreme Court on Thursday cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.

  • May 15, 2025

    $92.5M Overdetention Settlement Deadline Extended 3 Months

    People who were wrongfully detained too long by immigration authorities have three additional months to file claims under a $92.5 million settlement, one of the largest immigration-related civil rights deals in New York City history, according to an announcement Thursday by the law firm that won the deal. 

  • May 14, 2025

    Florida Appeals Court Says Pastor's Testimony Is Privileged

    A Florida appeals court on Wednesday reversed convictions for a man found guilty of sexual abuse of a minor after finding that his pastor's testimony should not have been allowed at trial because it was protected by the clergy communications privilege.

  • May 14, 2025

    Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told

    Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.

  • May 14, 2025

    MyPillow CEO Can't Delay Defamation Trial Over Atty AI Errors

    A Colorado federal judge denied MyPillow CEO Mike Lindell's request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel's use of artificial intelligence in drafting briefs don't warrant delaying trial in the lawsuit.

  • May 14, 2025

    Costco Fails To Wipe Away Kirkland Baby Wipes PFAS Suit

    A California federal judge Wednesday denied a bid by Costco Wholesale Corp. to toss a mother's putative class action accusing the warehouse club of falsely advertising Kirkland brand baby wipes as being natural despite allegedly having toxic levels of so-called forever chemicals, saying the mother sufficiently alleged three types of chemicals and their quantities.

  • May 14, 2025

    Google Co-Founder Sergey Brin Settles Fatal Plane Crash Suit

    Google co-founder Sergey Brin and others have settled at least one wrongful death lawsuit filed by family members of a pilot who died while ferrying Brin's private aircraft from California to Hawaii, according to a California state court filing.

  • May 14, 2025

    Girardi's Son-In-Law Should Face Ill. Theft Case, Feds Say

    Disbarred attorney Tom Girardi's son-in-law should be ordered to face Chicago charges that he helped the once-celebrated plaintiffs' lawyer steal client money because he "blew through" the deadline for dismissal motions and supported them with arguments that lack merit, federal prosecutors argued Wednesday.

  • May 14, 2025

    RJ Reynolds Can Keep Trial Win In Engle Case, Court Says

    A Florida appeals court on Wednesday affirmed a verdict in favor of R.J. Reynolds in an Engle progeny suit over a longtime smoker's death, saying counsel's failure to use all their juror challenges invalidates an argument that a juror was unfairly selected.

  • May 14, 2025

    NJ Attys Share Mass Tort Litigation Insights At Annual Meeting

    Get to general cause issues as early as possible, take advantage of special masters and make sure local counsel knows the local rules — those are some of the tips New Jersey bar members took away Wednesday from an expert panel in Atlantic City on multicounty and multidistrict litigation in the Garden State.

  • May 14, 2025

    9th Circ. Doubts Wash. Anti-Vaxxers' Stance In Med Board Suit

    A Ninth Circuit judge expressed skepticism on Wednesday that the federal appellate court could revive Robert F. Kennedy Jr.'s suit against the Washington Medical Commission for initiating disciplinary proceedings against physicians who publicly aired anti-vaccination views, pointing out that federal courts generally "don't interfere" with ongoing state litigation.

  • May 14, 2025

    Idaho Murderer's Family Can't Get Coverage, Judge Says

    The wealthy mining family of a mentally ill man who murdered and allegedly ate his victim's genitalia was denied insurance coverage for underlying litigation brought by the decedent's survivors when an Idaho federal judge determined the killing wasn't unforeseen and the killer's subjective motives weren't relevant.

  • May 14, 2025

    Alex Jones Can't Duck $1B Sandy Hook Payout During Appeal

    Infowars host Alex Jones cannot avoid a $1.3 billion defamation judgment favoring the victims of the Sandy Hook Elementary massacre while he crafts an appeal to the U.S. Supreme Court in the hopes it accepts his final challenge to the record-breaking verdict, a Connecticut appeals court has ruled.

  • May 14, 2025

    NC Judge Troubled By 'Silence' Surrounding Death In Mexico

    A North Carolina federal judge said Wednesday he was skeptical that the estate of a Charlotte woman who was allegedly murdered on vacation in Mexico has a negligence case against the U.S. Department of State and the Federal Bureau of Investigation, though he said the "silence" surrounding the circumstances of her death is troubling.

  • May 14, 2025

    Family Settles Drowning Suit With NC Vacation Rental Co.

    A North Carolina beach house rental management company and its affiliates have settled a father's wrongful death lawsuit over a 2-year-old who drowned in a pool at an Emerald Isle vacation home, according to a notice filed Wednesday.

  • May 14, 2025

    3M Payment Satisfied Policy Requirements, Del. Justices Told

    An attorney for 3M and its subsidiary Aearo Technologies argued that the parent company's payment of defense costs in multidistrict litigation over combat earplugs satisfied the self-insured retention of the subsidiary's insurance policies, telling the Delaware Supreme Court on Wednesday the insurers "got exactly what they bargained for."

  • May 14, 2025

    Judge Rejects DQ Of Smith Gambrell In Defamation Suit

    A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.

  • May 14, 2025

    Mich. City Seeks Immunity From Great Lakes Drowning Suit

    The lakeside city of South Haven, Michigan, told a state appeals court panel on Wednesday that it does not operate its beaches primarily for profit, meaning it is entitled to governmental immunity and should be released from a drowning victim's lawsuit.

  • May 14, 2025

    Boeing Whistleblower Suicide Suit Ends In Quick Settlement

    A suit accusing Boeing of causing a whistleblower's suicide was quickly settled for an undisclosed sum less than two months after it was filed, according to a South Carolina judge's order dismissing the case.

Expert Analysis

  • Improving Comms Between Trial Attys And Tech Witnesses

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    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.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    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.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    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.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

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