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Updated: 45 min 41 sec ago

6th Circuit Reinstates Debt Collection Suit: Plaintiff 'Can Hang Her Hat on' Attorney's Alleged FDCPA Violation

Wed, 03/08/2023 - 15:22

Under the FDCPA, the one-year statute of limitations for claims begins the date the violation occurs, the opinion said.


As 'Nuclear' Verdicts Rise in New York, Report Says More 'Thermonuclear' Awards Are on Horizon

Wed, 03/08/2023 - 15:18

Reasons that make New York a likely target include its scaffold law, which accounts for nearly half of all nuclear verdicts, the report said.


With MDL Pending, LA-Based Personal Injury Firm Opposes California's Proposed HPV Vaccine Mandate

Wed, 03/08/2023 - 14:41

Los Angeles-based personal injury law firm Wisner Baum has come out in opposition to proposed legislation in California that, if passed, would add HPV vaccine Gardasil to the list of 10 required vaccinations for students attending public or private school in the state.


Thousands of Cases Have Piled Up in Texas Courts—Here's What Lawyers Need to Know

Wed, 03/08/2023 - 14:35

"The average civil clearance rate statewide post-pandemic is 95%," Office of Courts Administration director Megan LaVoie said, adding that clearance rates of 100% or higher is the goal.


New Class Action: Ivy Leagues Accused of Price Fixing

Wed, 03/08/2023 - 14:18

"The Ivy League should be held to the same antitrust standards as other institutions of higher education," counsel for the plaintiffs Stephen M. Kindseth of Zeisler & Zeisler said


Walmart Prevails Over Lessor in Battle Over Plan to Demolish Baltimore Stores

Wed, 03/08/2023 - 14:07

A federal judge granted Walmart's motion to dismiss counterclaims for slander of title and breach of contract filed by a realty company after Walmart originally filed a lis pendens against the company.


To Improve DEI Outcomes, Firms Must Address Pitches and Work Allocation, Consultants Say

Wed, 03/08/2023 - 14:00

"We can't just be focused on events and activities, and we can't just be focused on changing hearts and minds," said Alexis Robertson, director of diversity, equity and inclusion at Foley & Lardner. "It has to be more of a systems-focused approach."


W.Va. High Court: Employer's Insurance Policy Doesn't Cover Non-Employee Killed in Pa. Mining Accident

Wed, 03/08/2023 - 13:51

"We therefore conclude that the circuit court erred in finding the ELE inapplicable to Neice's action against Dana Mining. Under the language of the applicable ELE endorsement, we find that Neice's claim arises out of Mr. Neice's employment with 'any insured,' i.e., Mepco LLC, and the policy therefore excludes coverage for Neice's action against Dana Mining," Justice William R. Wooton wrote on behalf of the West Virginia Supreme Court.


Va. Trial Lawyers Group Urges Appeals Panel to Rethink Summary Judgment in Tort Claims

Wed, 03/08/2023 - 13:33

An amicus in the case pointed to statistics that showed over 8% of all pending civil cases made it to trial in 1973. Fast forward to 2019, the last year the U.S. Court system published statistics, and that number dropped to 0.7%.


Utah AG Sues National Association of Attorneys General Over $100M Fund

Wed, 03/08/2023 - 11:32

Utah Attorney General Sean D. Reyes announced that his state filed a lawsuit against the National Association of Attorneys General, asking a judge to clarify whether NAAG's custody of $100 million in public funds is subject to Utah's State Money Management Act and requesting a special master to conduct an accounting of the funds.


Critical Mass With's Amanda Bronstad: Another Not-Guilty Plea for Tom Girardi, Now on Social Security, Why Did New Mexico's AG Fret Over A Facebook Privacy Settlement?

Wed, 03/08/2023 - 10:34

Welcome to Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: A magistrate judge


'I Haven't Handed Out a Business Card in Years': Is it Time for Lawyers to Upgrade?

Wed, 03/08/2023 - 10:01

"Just because the technology exists, doesn't mean that it's better," attorney Edward Blumberg said. "Sometimes the tried-and-true version actually works better, even if there's an alternative that's new."


'Flawed and Prejudicial': Investors Ask for New Trial After Defense Verdict in Case Over Elon Musk Tweets

Wed, 03/08/2023 - 09:40

Attorneys from Levi & Korsinsky argued that the Feb. 3 verdict "was the result of an erroneous deliberation process influenced by prejudicial and improper attorney argument, speculative testimony, and confusing jury instructions."


What White House Cybersecurity Strategy Means for Tech Clients: The Morning Minute

Wed, 03/08/2023 - 06:00

The news and analysis you need to start your day.


Can Law Firms Hold the Line on Layoffs and Billing Rates in 2023?

Wed, 03/08/2023 - 05:00

"The top 200 firms should hold back on raising rates to fill their shortfall for 2023, as clients are watching and weighing alternatives," recommends a new report.


AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023

Wed, 03/08/2023 - 00:26

Part Two of a Two-Part Article In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.


10th Circuit: City's Ordinance Does Not Violate Abortion Clinic Demonstrators' First Amendment Rights

Wed, 03/08/2023 - 00:14

"The demonstrators lack evidence to show genuine disputes of material fact to prevail on their Free Speech Clause claim," said Phillips. "We hold that § 15-503(3) is constitutional under the Free Speech Clause as applied to the demonstrators. The demonstrators have not shown that the subsection was content-based, insufficiently tailored, or fatal to their sidewalk ministry."


Five Big ChatGPT Risks You May Not have Considered

Wed, 03/08/2023 - 00:08

"Generative AI works best when you like incorporate it into your process, but you don't rely on it too heavily," said Brandi Pack, an artificial intelligence consultant with UpLevelOps.


Another 5th Circuit Case Threatens Structure of Federal Agencies, Legal Experts Say

Wed, 03/08/2023 - 00:06

If the Fifth Circuit rules against the government, legal experts said the decision would extend an existing at-will removal requirement for agencies led by single directors to the multimember Consumer Product Safety Commission, and could have more far-reaching effects if the U.S. Supreme Court gets involved.


Electronic Court Reporting Receives Cool Reception in Legislative Hearing

Tue, 03/07/2023 - 18:47

Lawmakers appeared to support continued, limited use of video appearances in some court matters but electronic recording still faces significant opposition from court reporters and their labor unions.