Personal Injury & Medical Malpractice

  • September 24, 2021

    Servicemembers Want Injunction Against DOD Vax Mandate

    Two military servicemembers have urged a Colorado federal judge to grant an injunction against the Pentagon's mandatory COVID-19 vaccine requirement, saying they are being forced to take an "unlicensed" vaccine that puts their health at risk.

  • September 24, 2021

    Virginia Doctor Pleads Guilty In $1.8M Rx Fraud Scheme

    A Washington-area physician has admitted participating in a "fraud scheme" to prescribe pain and scar creams in order to receive a kickback from a pharmacist, defrauding health insurance programs out of $1.8 million, the U.S. Attorney's Office for the Eastern District of Virginia said Friday.

  • September 24, 2021

    Del. Hospital Can't Be Forced To Give Ivermectin For COVID-19

    A Delaware hospital can't be forced to treat a COVID-19 patient with ivermectin, an anti-parasite drug used on humans and animals touted by some as an alternative COVID-19 treatment, because the controversial treatment does not align with the prevailing standard of care, a Delaware Chancery Court judge ruled Friday.

  • September 24, 2021

    Pa. Woman's Tetanus Vaccine Injury Suit Tossed On Appeal

    A Pennsylvania appellate panel on Friday tossed a suit seeking to hold a hospital liable for injuries a woman allegedly suffered due to a negligently performed injection of a tetanus vaccination, saying the claims are preempted by a federal vaccine injury law.

  • September 24, 2021

    11th Circ. Won't Revive Suit Over Worker's Head Injury

    The Eleventh Circuit on Friday sided with SEW-Eurodrive Inc. in a suit alleging that its negligence led to a tool falling onto a contracted worker's head and injuring her, saying the company did not have a duty to her.

  • September 24, 2021

    Dubai Developer Revealed As Bidder On Surfside Condo Site

    The opening $120 million offer for the site of fallen Champlain Towers South condominium in Surfside, Florida, came from Dubai, United Arab Emirates-based Damac Properties PJSC, one of the Middle East's largest real estate developers, a court filing revealed Friday.

  • September 24, 2021

    California AG Announces Appeal Of Purdue Ch. 11 Plan

    California Attorney General Rob Bonta on Friday became the latest attorney general to announce an appeal of the approval of Purdue Pharma's Chapter 11 plan, saying the OxyContin maker's former owners in the Sackler family must be held accountable for their part in the opioid crisis.

  • September 24, 2021

    SC Jury Awards $32M In Kraft Heinz Asbestos Death Suit

    A South Carolina jury has hit Kraft Heinz Co. and Metal Masters Inc. with a $32 million verdict in a suit by a worker who alleges that his wife died of mesothelioma as a result of asbestos exposure through his work at a facility Kraft Heinz owned in the state.

  • September 24, 2021

    3rd Circ. Won't Revive NJ Worker's Power Plant Injury Suit

    The Third Circuit on Friday gave a win to Calpine Corp. in a suit alleging its negligence caused an injury to a contractor who was removing copper wire from its Pennsville power plant, saying the company owed no duty of care to the worker.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    Linda Evangelista Files $50M Suit Over 'Disfiguring' Procedure

    Supermodel Linda Evangelista hit an Allergan PLC unit with a $50 million negligence suit in New York federal court, alleging that the company's 2015 fat-reduction procedure left her "permanently disfigured" and suffering from severe social anxiety and agoraphobia as a result.

  • September 23, 2021

    Firms Can Send Group Votes On Boy Scouts' Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday told law firms representing sexual abuse claimants in the Boy Scouts of America's Chapter 11 case that they can file collective ballots on behalf of their clients on the organization's bankruptcy plan.

  • September 23, 2021

    8th Circ. Probes Tyson Bid To Keep COVID Suits In Fed. Court

    An Eighth Circuit panel grilled Tyson Foods on Thursday as to why the meat processing giant should be allowed to litigate twin coronavirus-related wrongful death suits in federal court rather than state court, given that it had not been under a federal mandate to stay open amid the pandemic.

  • September 23, 2021

    Pa. Justice Casts Appeal As Bid To Limit Med Mal Theories

    A Pennsylvania Supreme Court justice suggested during oral arguments Thursday that an anesthesiologist was using his bid to reinstate a defense verdict in a medical negligence case as a way to upend long-standing case law allowing patients alleging malpractice to present multiple theories of liability to juries.

  • September 23, 2021

    Mich. Doctor Convicted In $100M Injections-For-Pills Scheme

    A Detroit federal jury has convicted a doctor for his involvement in what prosecutors said was a $100 million fraud scheme involving billing for spine surgeries in exchange for opioid prescriptions.

  • September 23, 2021

    Calif. Panel Preserves Doc's Win In Fatal Plastic Surgery Suit

    A California state appeals court has affirmed a jury's decision to clear a cosmetic surgeon and his clinic of liability in a suit accusing him of negligence in connection with a patient who died days after a tummy tuck operation, finding the trial judge did not abuse his discretion when forbidding nursing staff testimony.

  • September 23, 2021

    Ch. 11 Toss Of $619M Malpractice Suit Gets 2nd Circ. Review

    A Second Circuit panel grappled Thursday with whether former Pennsylvania wood factory workers poisoned by toxins may pursue their former Chapter 11 counsel in a state malpractice class action alleging a failure to get $619 million out of the Tronox Inc. bankruptcy.

  • September 23, 2021

    Texas County Escapes Suit Over Deaths On Flooded Road

    A Texas appeals court has cleared Caldwell County in a wrongful death suit alleging it failed to adequately block a road that had become flooded in a storm, saying because the county was acting in an emergency and in keeping with the law, it's immune to liability.

  • September 23, 2021

    Judge Says OSU 'Failed' Abuse Victims But Suits Are Too Late

    Ohio State University and the legal system "failed" hundreds of students who suffered "unspeakable sexual abuse" at the hands of a school doctor, a federal judge said Wednesday, even as he dismissed four Title IX suits on the grounds they were filed too late.

  • September 23, 2021

    Judge Cautions About Harming Surfside Site's Value

    A day after a conditional "stalking horse" contract was signed for the site of fallen condominiums in Surfside, Florida, the state court judge overseeing related litigation cautioned Thursday against public statements questioning the property's fate, which he said would only hurt its eventual sale price and victims' recovery.

  • September 23, 2021

    Rockville Diocese Insurers Can Get Ch. 11 Abuse Claim Info

    A New York bankruptcy judge said insurers that provided historical liability coverage to the Roman Catholic Diocese of Rockville Centre will be able to access information provided by sexual abuse victims, finding that the materials are relevant to upcoming mediation discussions.

  • September 23, 2021

    Non-Atty's Med Mal Work Required Warning, Pa. Justice Says

    Pennsylvania's chief justice suggested during oral arguments Thursday that a trial judge should have informed a woman who tried to represent her son's estate in a since-axed medical malpractice case that she needed to hire an attorney to pursue her claims.

  • September 23, 2021

    Texas COVID-19 Biz Immunity Law Cooks Tyson Workers' Suit

    A Texas federal judge has tossed a suit accusing Tyson Foods Inc. of exposing and causing the COVID-19 infections of plant employees due to the company's failure to provide adequate safety protections, saying a Texas law granting immunity to businesses amid the pandemic applies retroactively to bar the claims.

  • September 23, 2021

    Insurer Says No-Show In $66M Crash Trial Negates Coverage

    An insurer has asked a Georgia federal court to declare that it doesn't have to cover a $66.5 million verdict entered against a former U.S. Army soldier after a fatal drunken driving wreck because he didn't show up for the trial.

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

Expert Analysis

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How OSHA's 5 Cooperative Programs Can Benefit Employers

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    The Occupational Safety and Health Administration’s recent renewal of a 20-year regional partnership with the Builders’ Association highlights how OSHA's cooperative programs can help employers educate and protect their workers — and bolster their defense against workplace safety citations, says Patrick Bickford at Ausley McMullen. 

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Calif. Cos. Face Tricky Hurdle In Workers' Comp. Recovery

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    California employers suing negligent third parties to recover workers’ compensation benefits paid out on behalf of their employees must consider how the potential for reimbursement could be hindered by a loss of consortium claim from an injured worker’s spouse or partner asserting entitlement to separate recovery of the settlement funds, says Saerim Luciano at Pearlman Brown.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How Court Ruling, DOE Guidance Change DeVos' Title IX Rule

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    A Massachusetts federal court's recent ruling in Victim Rights Law Center v. Miguel Cardona, striking down a controversial provision of the Trump administration's Title IX regulations, and subsequent Department of Education guidance will have a significant, immediate impact on Title IX investigations at higher education institutions nationwide, say attorneys at Hunton.

  • Texas Negligence Case Holds Lessons For Construction Cos.

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    The Texas Supreme Court's recent decision in JLB Builders v. Hernandez, finding that a general contractor was not liable for a worker's injury, means that contractors can enforce workplace safety policies without exposing themselves to litigation, as long as they draft their contracts carefully, say Travis Brown and Samuel Crecelius at Cokinos Young.

  • Chlorpyrifos Lawsuits, EPA Ban Signal Risk For Companies

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    Recently initiated lawsuits in California concerning the pesticide chlorpyrifos, and the U.S. Environmental Protection Agency's newly announced ban of the chemical, mean that entities applying pesticides to crops or managing public water systems should prepare for more litigation, say Jason Meyer and Austin Elig at Gordon Rees.

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