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Personal Injury & Medical Malpractice
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
Combs Used Business 'Kingdom' For Crime Spree, Feds Say
Sean "Diddy" Combs used his power, wealth and a "small army" of employees to commit crimes including sex trafficking for 20 years, a prosecutor told a Manhattan federal jury Thursday as the hip-hop mogul's trial neared an end.
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June 26, 2025
Craft Co. Brings IP, Defamation Suit After Facebook Comment
A Wisconsin crafting company filed infringement claims against a competing firm over three patents on magnetic hoops used to hold fabric taut while it is being embroidered and accused its owner of defamation after he allegedly told people those patents had not actually been granted.
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June 25, 2025
Monsanto Stuck With $3.5M RoundUp Verdict After Appeal
A Pennsylvania appeals court Wednesday refused to wipe out a $3.5 million verdict against Monsanto for a cancer patient who blamed Roundup for her disease, saying Monsanto's trial evidence the weedkiller is EPA-approved and the company complied with industry standards "does not preclude the jury" from awarding punitive damages.
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June 25, 2025
Swiss Re Says Botched Representation Led To Inflated Deal
Swiss Re told an Illinois federal court Wednesday that counsel representing it in underlying actions related to a medical malpractice suit failed to adequately advise and defend the reinsurer, consequently forcing it into a large settlement even though its coverage had not yet been triggered.
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June 25, 2025
Late Conn. Doc's Estate To Defend Insemination Fraud Cases
The patients of a recently deceased Connecticut fertility doctor have asked a state court to substitute his estate as the defendant in their lawsuit, which claims the doctor secretly inseminated women with his own sperm in the 1980s.
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June 25, 2025
Feds Say Vet Failed To Back VA Malpractice Claim At Trial
The U.S. government is urging a Washington federal court to give it a win following a bench trial on a suit brought by a Navy veteran and former Department of Veterans Affairs nurse alleging that malpractice by her VA psychiatrist led to an episode in which she stabbed her mother with a knife.
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June 25, 2025
Company Can Be Sued For Drunk Worker's Crash, Panel Says
A Florida appeals court on Wednesday revived a suit accusing a construction company's employee of negligently causing an auto collision while drunk, saying it can be held liable despite the worker's contractual obligation not to drink and drive in the company car.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Texas Magistrate Recommends Tossing La. Hurricane Ad Suit
A Texas magistrate judge has recommended that a litigation funder and a Houston-area attorney be freed from a proposed class action that alleges a law firm engaged in deceptive advertising targeting hurricane victims in Louisiana.
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June 25, 2025
Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid
Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Ga. Justices Say Man Properly Served Atlanta In Crash Suit
The Georgia Supreme Court on Tuesday reversed a ruling from the state's intermediate appellate court in a case over whether a notice of claim against the city of Atlanta was properly served according to state law, finding that it was.
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June 24, 2025
More Diddy Accusers Sue Over Sex Assaults In Los Angeles
Two men and a woman filed new sexual assault suits against Sean "Diddy" Combs in Los Angeles County Superior Court on Tuesday, claiming that they were drugged, raped and assaulted by both Combs and his son at different parties.
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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Minn. Water Co. Prevails In Retained Limit Coverage Row
A water purification company that's faced a bevy of product liability lawsuits over a disinfectant product needs to pay only one $5 million retained limit before a Chubb unit's coverage obligations under umbrella policies potentially kick in for one of the underlying cases, a Minnesota federal court ruled.
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June 24, 2025
Walmart Must Face Trial In Customer's Oil Slip-And-Fall Suit
Walmart failed to get a man's slip-and-fall lawsuit dismissed Tuesday, after an Illinois federal judge ruled that a jury needs to determine if the shopper should have seen and avoided the cooking oil spill that caused his injuries.
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June 24, 2025
Ga. High Court Nixes $1M Nominal Damages In Walmart Case
The Supreme Court of Georgia has vacated a $1 million award of nominal damages to a woman who was injured at a Walmart store, ruling that the verdict violated the intent of nominal damages to represent a "trivial sum" for plaintiffs.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Scottsdale Insurance Ends Coverage Fight Over Mall Shooting
Scottsdale Insurance Co. informed a Florida federal judge on Tuesday it has settled its suit seeking an order that it doesn't owe coverage to the owner of a shopping plaza hit with a $1 million personal injury suit brought by a man who was shot in the plaza parking lot.
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June 24, 2025
Ohio Derailment Deal Admin Wants Explanation For Ouster
The ex-administrator of Norfolk Southern's $600 million settlement with the people and businesses of East Palestine, Ohio, is asking a federal court to share why it was terminated, saying in filings Monday that the company had no idea the plaintiffs' counsel were going to ask for a new administrator.
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June 24, 2025
Ga. High Court Balks At Housing Authority's Immunity Stance
The Supreme Court of Georgia has tossed a ruling that sovereign immunity can shield a local housing authority from a shooting victim's lawsuit, saying Tuesday that lower courts had wrongly extended the state government's immunity to a city, and from there to the authority.
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June 24, 2025
Driver Must Serve Prison Time In DUI Case, Fla. Panel Rules
A Florida appellate panel ruled that a driver convicted in the drunken driving-related death of a motorcyclist must serve the minimum time of four years in prison, saying the lower court didn't have the authority to suspend the mandatory sentence for a DUI manslaughter charge.
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June 24, 2025
Ga. Justices Hold Off On Considering Wrongful Death Cap
The Supreme Court of Georgia declined Tuesday to consider whether the state's statutory cap on noneconomic damages can be applied to wrongful death suits, staving off for now a push by business lobbies to put a hard ceiling on plaintiffs' recoveries in such cases.
Expert Analysis
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.