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Personal Injury & Medical Malpractice
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June 06, 2025
Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal
R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking
Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful
The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
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June 06, 2025
Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea
A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.
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June 06, 2025
4th Circ. Denies Bid To Inflate $300K Insurance Payout
Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the couple's many insurance policies can be stacked.
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June 06, 2025
Other Carrier Must Cover $1.1M Injury Award, Insurer Says
A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.
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June 06, 2025
Seton Hall Suit About Negligence, Not MedMal, Hoopsters Say
Two basketball players suing Seton Hall University with claims their injuries were minimized so they could continue playing told a New Jersey federal judge Thursday that the lawsuit is about gross negligence, not their personal injuries, in a response to a motion for summary judgment.
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June 06, 2025
Goldberg Segalla Adds Toxic Torts Expert In NY
Civil litigation firm Goldberg Segalla LLP has added a trial lawyer who is an expert in complex asbestos litigation, product liability, personal injury and commercial litigation matters to its toxic torts and environmental law group in Garden City, New York.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 05, 2025
OneTaste Founder Tells Jury Racy Details Are a Distraction
Counsel for OneTaste co-founder Nicole Daedone on Thursday told a Brooklyn federal jury that Daedone's provocative teachings involving "orgasmic meditation" don't matter to the forced labor conspiracy charges she and her deputy face, unlike the free will of those who say they were victimized.
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June 05, 2025
Med Mal Juror Misconduct Claim Won't Mean New Trial
An Indiana state appeals court Thursday upheld a defense win in a medical malpractice trial despite a juror's post-verdict revelation that she had previously heard of a defense expert witness.
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June 05, 2025
Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert
The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.
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June 05, 2025
Starbucks Can't Scotch $50M Verdict For Tea-Scorched Driver
A California judge has affirmed a jury verdict awarding $50 million to a gig economy driver who suffered a severely burned penis after scalding hot tea spilled in his lap due to a Starbucks worker's negligence, saying the verdict was not excessive given his "horrific injuries."
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June 05, 2025
Grindr Sued Over Teen's Death, Alleged Negligence In Fla.
The family of a 16-year-old girl who was allegedly killed and later dismembered by a couple she met through the Grindr dating app has sued the company in Florida federal court, alleging there were no age verification safeguards that prevented the teen from being targeted by sexual predators.
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June 05, 2025
NJ Justices To Take Look At Boys & Girls Club Abuse Claims
Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.
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June 05, 2025
NJ High Court Will Review Injury Suits Against Walmart, Clinic
New Jersey justices have agreed to weigh in on personal injury suits against Walmart and a Garden State health clinic involving an overturned $1.3 million verdict in one case and the immunity of medical nonprofits in the other, according to a pair of court orders.
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June 05, 2025
Girardi's Son-In-Law Admits Contempt In Illinois Theft Case
Tom Girardi's son-in-law pled guilty to criminal contempt Thursday in Illinois federal court, admitting he knew the once-celebrated plaintiffs lawyer failed to pay millions of dollars in plane crash settlement funds they had been ordered to distribute to their clients "as soon as practical."
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June 05, 2025
Conn. Atty Seeks Digital Data To Unmask Alleged ID Thief
Claggett Sykes & Garza LLC partner Andrew Garza told a Connecticut state court judge Thursday that someone used his identity to open bank accounts and file a fraudulent registration for his former law firm with the Secretary of the State's office, and he needs the court to order U.S. Bank and other companies to give him information that could reveal the perpetrator.
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June 05, 2025
Ga. Law Firm, Insurer Settle Over $6.4M Hotel Injury Case
An insurance company that sued a law firm for malpractice in Georgia federal court after paying more than $6.4 million following a worker injury jury verdict against a construction company it insured, said Thursday that it had settled with the firm in connection with its representation of the company.
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June 05, 2025
Supreme Court Bars Hamas Victims From Reviving Bank Suit
The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."
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June 05, 2025
Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.
The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.
Expert Analysis
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.