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Personal Injury & Medical Malpractice
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December 05, 2024
Netflix Can't Get Midtrial Win In 'Our Father' Case
An Indiana federal judge on Thursday rejected Netflix's midtrial bid to escape a suit accusing it of negligently revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying there was sufficient evidence for the jury to consider.
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December 05, 2024
Atlanta VA Surgeon Botched Routine Hysterectomy, Suit Says
A patient at the Joseph Maxwell Cleland Atlanta VA Medical Center has sued the government in Georgia federal court over claims that a doctor at the facility negligently stitched her bowel wall to her vaginal wall during a routine laparoscopic hysterectomy and disregarded signs of serious complications in the surgery's aftermath.
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December 05, 2024
Basketball Fan's Race Bias Suit Tossed Over Delays
A Colorado federal judge on Wednesday dismissed without prejudice a basketball fan's lawsuit claiming employees of the Denver Nuggets racially profiled him during a game, finding it was the appropriate course after the man's lawyer repeatedly failed to follow through on the case.
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December 05, 2024
Combs Demands Court Inquiry Into Copied Jail Notes
Sean "Diddy" Combs urged a Manhattan federal judge to hold a special hearing and consider dismissing his sex-trafficking indictment after staff at the Metropolitan Detention Center photographed his allegedly privileged, handwritten notes during a sweep of the prison and sent them to prosecutors, who he says used the information to argue against bail.
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December 05, 2024
Hinckley Allen Opens New Ill. Office To Tackle Asbestos Work
Hinckley Allen has debuted an office with an 11-member team to service the southern Illinois and St. Louis metropolitan areas, hiring three partners specializing in complex product liability and toxic tort matters as it seeks to plant its flag in a "critical jurisdiction" for those kinds of cases.
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December 05, 2024
DEI Provision Dooms Boeing's 737 Max Plea Deal
A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.
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December 04, 2024
Meta Genocide Defense Spurs 'Yeah Right' From 9th Circ.
Ninth Circuit judges doubted Wednesday whether women fleeing genocide of the Rohingya people in Myanmar could have realistically investigated Facebook's role in spreading disinformation and called a lawyer, with one judge calling the defense argument "silly" and another judge responding, "yeah right."
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December 04, 2024
Separated Migrants Say ICE Contractor Can't Claim Immunity
A father and son seeking to hold transportation services provider MVM Inc. responsible for its role in a Trump-era policy that separated them and thousands of other immigrant family members are hitting back against the company's bid to duck their class action claims.
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December 04, 2024
TV Judge Mathis Allegedly Pulled Gun On LA City Worker
Daytime courtroom television Judge Greg Mathis threatened a Los Angeles municipal worker with a gun during a dispute over a dump truck that was blocking his garage, according to a new lawsuit against the on-screen arbiter in California state court.
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December 04, 2024
9th Circ. Mulls Waiting To Weigh In On Amazon Suicide Suit
A Ninth Circuit panel Wednesday appeared open to waiting for the Washington Supreme Court to clarify the state's duty-to-warn statute before deciding whether to revive allegations Amazon.com negligently sold chemicals used in suicides while one judge observed that Amazon created an algorithm that recommended lethal product-mixes, "so it's intentional."
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December 04, 2024
Boeing, Spirit Say Flyers Can't Forum-Shop 737 Blowout Suit
Boeing, Spirit AeroSystems and Alaska Airlines have blasted an attempt by passengers to redo their suit over January's 737 Max 9 door plug blowout, saying the plaintiffs are improperly forum-shopping when their case is set for a consolidated bench trial in Washington federal court.
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December 04, 2024
Panel Affirms CNA's Reading Of 'Control' In Abuse Exclusion
A CNA unit providing commercial insurance to a massage spa owed no defense to its owner and manager against claims the owner sexually assaulted three women, a California state appeals court ruled, in a case of first impression over the meaning of "care, custody or control" in an abuse exclusion.
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December 04, 2024
Alex Jones Atty Needs 30-Day Suspension, Ethics Boss Says
The lead Connecticut attorney in Infowars host Alex Jones' Sandy Hook defamation trial should be suspended for 30 days for directing a subordinate to transmit the victims' personal medical records to other Jones attorneys, the state's legal ethics watchdog said Wednesday.
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December 04, 2024
Ft. Lauderdale Agrees To $1.97M Deal With Floyd Protester
Fort Lauderdale, Florida, has agreed to pay $1.97 million and implement a change in police department policies in a federal lawsuit brought by a protester who was shot in the face with a less-than-lethal projectile during a demonstration over the death of George Floyd in May 2020.
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December 04, 2024
Mass. Justices Probe Extent Of State Immunity In 2 Cases
The Massachusetts high court on Wednesday mulled how far immunity extends for public employees and state agencies, with one justice questioning why the state is proposing that children in foster care should face the same legal standard as prison inmates.
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December 04, 2024
Mich. Justices Mull If Pizza Driver Deal Bars Franchise Claim
A woman suing Jet's Pizza told the Michigan Supreme Court on Wednesday that she should be able to continue suing the pizza franchise after settling with the delivery driver who rear-ended her, pushing the justices to cast aside what she described as an antiquated rule that extinguished her claims.
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December 04, 2024
Avon Cleared To Sell To Parent Co. For $125M In Ch. 11
A Delaware bankruptcy judge on Wednesday said he would approve a settlement between Avon Products Inc. and Brazilian parent company Natura that clears the way for the beleaguered cosmetics giant to sell itself to Natura for $125 million.
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December 04, 2024
Ethylene Oxide Suits Sent Back To Ill. State Court
An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.
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December 04, 2024
Jan. 6 Rioter Unlikely To Succeed On Appeal, Judge Says
A District of Columbia federal judge ordered a convicted rioter from the Jan. 6, 2021, assault on the U.S. Capitol to serve the remainder of his more than four-year prison term while he appeals, saying his legal arguments are substantial but unlikely to result in a reduced sentence.
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December 04, 2024
NY Diocese Gets OK For Ch. 11 Plan With Optional Releases
A New York bankruptcy judge approved a Long Island-based Roman Catholic diocese's Chapter 11 plan on Wednesday after hearing it had resolved objections from the U.S. Trustee's Office with a two-tier claims release system for sexual abuse claimants.
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December 03, 2024
Monsanto Expert Says No PCB Link To Kids' Conditions
Monsanto began its defense case Tuesday in the latest PCB trial with an OB/GYN who said he didn't believe that any of three sisters' skin problems or premature puberty stemmed from exposure to the chemical.
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December 03, 2024
Hyatt's Appeal Of $177M Sex Assault Verdict Fails
A Missouri appeals court on Tuesday affirmed a $177 million verdict in a suit alleging that Hyatt Corp. caused a female guest's in-room sexual assault by a hotel security guard, saying the jury's $149 million punitive damages award was supported by the hotel's "conscious disregard" for its guests' rights.
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December 03, 2024
5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive
A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.
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December 03, 2024
J&J's Neosporin Forever Discolored Man's Groin, Suit Says
Johnson & Johnson and its consumer health spinoff were sued in California state court over claims that Neosporin antibiotic ointment badly infected a Los Angeles man's scrotum and permanently discolored his groin.
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December 03, 2024
Ex-Dish Marketing Leader Says She Suffered In A 'Boys' Club'
The former head of a Dish Network marketing division has accused the company of fostering a "boys' club" in management, alleging in Colorado federal court that she was fired for failing to report sexual harassment even though male employees were let off the hook for doing the same thing or worse.
Expert Analysis
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Nevada Justices Could Expand Scope Of Subrogation Claims
The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.