A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.
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TOP NEWS

Texas Court Tosses $222M Verdict In Worker Burn Death Suit

By Y. Peter Kang

A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.

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Judge Calls Out 'Cancel Culture' In Prof's Suit Against Penn

By P.J. D'Annunzio

A Pennsylvania federal judge said University of Pennsylvania leaders embraced "cancel culture" when they chastised an anthropology professor for handling remains from the 1985 MOVE house bombing in Philadelphia, allowing the professor's defamation case against the school to move forward.

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Colo. Atty Faces Arrest For Skipping Malpractice Case Hearing

By Thy Vo

A Colorado state court issued a contempt citation and bench warrant for a suspended attorney who failed to appear at a hearing Thursday to discuss a $1.2 million malpractice judgment entered against him.

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NY High Court Blocks Doctor's Hospital Shooting Injury Suit

By Mike Curley

New York's highest court on Thursday reversed a finding allowing a doctor to sue Bronx-Lebanon Hospital over his injuries from a 2017 shooting, finding that a lower appeals court was wrong to decide that a lack of evidence of the shooter's motivation rebuts the assumption that the injuries arose from his employment and fall under the state Workers' Compensation Board.

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NJ Atty Can't Revive Fee Dispute With Former Law Partner

By James Boyle

A New Jersey appellate court upheld Thursday the dismissal of a fee dispute between two former law partners arguing over the allocation of proceeds from a personal injury settlement.

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NJ Judge Scrutinizes J&J Unit's Libel Claim Over Talc Study

By George Woolston

A bankrupt Johnson & Johnson unit's libel claims over a scientific article linking talcum powder to mesothelioma intrigued a New Jersey federal judge during an oral argument on Thursday, prompting her to muse that the author's consideration of other exposures seemed to bolster the study at issue.

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EPA Doctor Not A Whistleblower For Slamming Lead Plan

By Juan-Carlos Rodriguez

A former U.S. Environmental Protection Agency pediatrician and epidemiologist who publicly criticized the EPA's plan to reduce lead in drinking water as inadequate is not protected by federal whistleblower law, the Federal Circuit said Thursday.

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POLICY & REGULATION

Taliban Victim Says Asylum Priority Practice Needs To Go

By Katherine Smith

A Pakistani asylum-seeker asked a New York federal court to rule that the federal government's practice of prioritizing the most recent asylum applications in a backlog is unlawful, saying in a lawsuit that the policy has caused indefinite uncertainty and hardships.

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LITIGATION

Houston Hospital Must Face Patient's Improper Care Claims

By Spencer Brewer

A split Texas appellate court gave a patient a second shot at his lawsuit accusing Houston Methodist Hospital of botching his post-surgery care, finding Thursday that an expert report supporting the patient's allegations was adequate to survive a dismissal bid.

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Smollett Atty Says Attackers' Defamation Suit Must Fail

By Celeste Bott

An attorney who represented "Empire" actor Jussie Smollett asked an Illinois federal judge Wednesday to end claims that she defamed two brothers accused of attacking Smollett by suggesting they wore "whiteface," arguing it was an unimportant detail that meshed with their own descriptions.

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BIC Hit With Class Action Over PFAS-Containing Razors

By Jonathan Capriel

The makers of BIC razors intentionally use so-called forever chemicals in several of their products but failed to mention that to customers, who say they wouldn't have bought the razors if they'd known they were exposing themselves to toxic chemicals.

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Whirplool, Others Must Face Trimmed Gas Stove Safety Suits

By Lauren Berg

Whirlpool Corp., Samsung Electronics and BSH Home Appliances Corp. must face trimmed claims in a trio of proposed class actions accusing them of failing to disclose to consumers the pollutant risks associated with natural gas stoves, a California federal judge ruled.

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INSURANCE

Apt. Complex Must Face Insurer's Mold Death Coverage Suit

By Madeline Lyskawa

A Georgia federal judge has refused to toss an insurer's suit seeking to evade coverage of an apartment complex accused of failing to stop a mold infestation that killed a tenant, finding the insurer has plausibly alleged it does not have a duty to defend under the prevailing insurance policy.

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EXPERT ANALYSIS

Insurance Types That May Help Cos. After Key Bridge Collapse

Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

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Trump Hush Money Case Offers Master Class In Trial Strategy

The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

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Exploring An Alternative Model Of Litigation Finance

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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LEGAL INDUSTRY

Analysis

Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

By Katie Buehler

Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

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Analysis

Trump's Potential Witness Could Be Defense 'Dynamite'

By Phillip Bantz

As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.

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Menendez Bribery Trial: 5 Things To Know About Week 1

By Carla Baranauckas

Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.

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Ga. Judge In 2020 Election Cases To Take Senior Status

By Courtney Bublé

U.S. District Judge Steve Jones of the Northern District of Georgia, who has presided over high-profile cases involving the 2020 election, voting rights and abortion, will take senior status on Jan. 1, 2025, according to an update Friday.

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AG Garland Held In Contempt By House Committees

By Courtney Bublé

Two House committees voted late Thursday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.

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Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh

By Emily Sawicki

Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."

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'We Feel It': NJ Ranks 2nd In Ch. 11 Cases, Chief Judge Says

By George Woolston

New Jersey federal courts saw the second most Chapter 11 bankruptcy filings in the nation over the last year, Chief U.S. District Judge Renée Marie Bumb of the District of New Jersey said on Friday.

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NJ Courts Chief Warns Plan To Pick Appeals Bench A 'Mistake'

By George Woolston

Chief Justice Stuart Rabner of the New Jersey Supreme Court on Friday defended how the state judiciary assigns appeals court judges, criticizing a proposal to move the power to appoint appellate judges from the chief justice to the state Senate and the governor's office.

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1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

By Elliot Weld

The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

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Law360's Legal Lions Of The Week

By Kevin Penton

Haynes and Boone LLP and Lubin & Enoch PC lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court unanimously determined that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The SEC adopted cybersecurity rules to require investment advisers and broker-dealers to put procedures in place for detecting data breaches and for notifying customers when their personal information may have been compromised, and lawyers said SPACs won't get sought-after relief from a new 1% tax on stock buybacks under a recent Treasury Department proposal. These are among the stories in corporate legal news you may have missed in the past week.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Ahmad Zavitsanos

Alexander Dubose

Arnold & Itkin

Arnold & Porter

Baron Harris

Bayard PA

Buchalter APC

Burr & Forman

Bursor & Fisher

Cantey Hanger

Clyde & Co

Cooper Barton & Cooper

Crowell & Moring

De la Rosa Law Firm

Dovel & Luner

Duane Morris

Duffy & Young

Dykema Gossett

Freeman Mathis

Geragos & Geragos

Gibbons PC

Haynes & Boone

Holland & Knight

Jones Day

Kaplan Marino

King & Spalding

Knight Palmer

Latham & Watkins

Lewis Baach

Lubin & Enoch

Marino Tortorella

Mauro Lilling

Mayer Brown

Mescall Law PC

Morgan Lewis

NechelesLaw

Nelson Mullins

Patterson Belknap

Paul Hastings

Pierson Ferdinand LLP

Poole Huffman

Ramos & Law

Ramos Law (Wheat Ridge, CO)

Reed Smith

Ropes & Gray

Schertler Onorato

Skadden Arps

Skiermont Derby

Spector Gadon

Squire Patton

Troutman Pepper

Ware Jackson

Wheeler Trigg

Willkie Farr

Wright Close & Barger

de Castro PC

COMPANIES IN TODAY'S NEWS

Allianz SE

American Bankers Association

American Society of Anesthesiologists

Apple Inc.

Archer-Daniels-Midland Co.

Atlantic Global Insurance Services

BHP Group PLC

BP PLC

Beam Suntory Inc.

Bed Bath & Beyond Inc.

Blackbaud Inc.

Brennan Center for Justice

Change Healthcare Inc.

Enel SpA

Exxon Mobil Corp.

Federalist Society

Geico Corp.

Invitae Corp.

Johnson & Johnson

Mercedes-Benz USA LLC

Methodist Hospital System

Microsoft Corp.

NASDAQ Inc.

New Jersey State Bar Association

New York University

Pentair Inc.

Permira

Rite Aid Corp.

Ryan LLC

Samsung Electronics Co. Ltd.

Team, Inc.

Tesla Inc.

The Catholic University of America

The New York Times Co.

Thrasio Holdings Inc.

Trump Organization Inc.

U.S. Chamber of Commerce

UBS Group AG

UnitedHealth Group Inc.

WeWork Inc.

Whirlpool Corp.

Wolters Kluwer

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Georgia Supreme Court

Maine Department of Environmental Protection

Manhattan District Attorney's Office

New Jersey Supreme Court

U.S. Army Corps of Engineers

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Southern District of New York

U.S. Citizenship and Immigration Services

U.S. Coast Guard

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

World Health Organization