Personal Injury & Medical Malpractice

  • June 29, 2022

    Trucking Co. Says Insurer Must Pay $22M Accident Award

    A Tennessee-based trucking company told a Georgia federal court that its insurer is on the hook for a $21.6 million judgment awarded in an underlying suit over catastrophic injuries caused by an employee, saying the insurer put its own financial interests above the interests of its insured.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Calif. Court Tosses LG Exploding Battery Suit

    A San Diego man who suffered burns after a battery he used for vaping exploded in his pocket can't sue the manufacturer, a subsidiary of LG Corp., a California state appeals court ruled, saying the maker tried to prevent him from buying it.

  • June 28, 2022

    Ambulance Co. Must Face Death Claim Over Paraplegic's Fall

    An ambulance company can't evade claims it caused the death of a paraplegic man after he fell from one of its stretchers, a Georgia appeals court panel has ruled, saying the wrongful death claims aren't time-barred because they piggyback on negligence claims already filed.

  • June 28, 2022

    Ghislaine Maxwell Gets 20 Years In Epstein Case

    A Manhattan federal judge hit socialite Ghislaine Maxwell with 20 years in prison Tuesday after a jury convicted her of trafficking underage girls for deceased financier Jeffrey Epstein, saying the 60-year-old defendant played a key role in a "horrific" course of criminality.

  • June 28, 2022

    Apt. Insurer Says It Has No Duty To Defend In Fatal Shooting

    An insurer asked a Georgia federal court to find that it has no duty to defend or indemnify the owner of an apartment complex over a wrongful death suit after a man was shot and killed on the property last year, saying the policy's firearms exclusion bars coverage.

  • June 27, 2022

    Insurer Owes $3M For Hockey Coach's Injury, Ill. Panel Says

    An insurer must cover half of a $6 million settlement resolving a high school hockey coach's allegations that he was assaulted by a former player, an Illinois state appellate panel ruled Monday, agreeing with a trial court's judgment that the agreement wasn't collusive despite an "obvious conflict of interest" in negotiations.

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    Tyson Workers Ask 5th Circ. To Revive COVID Safety Suit

    A group of Tyson Foods Inc. workers has asked the Fifth Circuit to revive and send back to state court their lawsuit accusing the company of negligently exposing them to COVID-19 at the beginning of the pandemic, echoing other Tyson workers' arguments that their claims don't belong in federal court.

  • June 27, 2022

    NC Health Agency Says Regulatory Actions Can't Be Torts

    North Carolina's health department urged the state's Supreme Court to throw out an assisted living center's lawsuit accusing it of imposing harsh penalties following an allegedly botched investigation, arguing that regulatory actions taken by a state agency can't be considered torts.

  • June 27, 2022

    Meta Says Section 230 Bars Suit Over Girl's Death By Suicide

    Meta Platforms Inc. has urged a California federal judge to toss claims that bullying and sex trafficking on its allegedly addictive platforms caused a minor's death by suicide, arguing it can't be held liable for the conduct of third parties.

  • June 27, 2022

    Justices Reject Suits Over Banks' Onus In Terror Funding

    The U.S. Supreme Court on Monday declined a consolidated case seeking to hold National Westminster Bank PLC and Credit Lyonnais SA responsible for a series of terrorist attacks in Israel after a Hamas-linked charity obtained their banking services.

  • June 27, 2022

    Kansas Hemp Co. Sues State Governor Over $120K Seizure

    A Kansas delta-8 cannabinoid business owner is suing the state's attorney general and governor, claiming local law enforcement cost him more than $120,000 worth of property and cash during a raid that classified his merchandise as a Schedule I drug, according to a suit filed in federal court.

  • June 27, 2022

    Parishes Added To Long Island Diocese's Ch. 11 Mediation

    The mediator facilitating Chapter 11 plan negotiations in the bankruptcy case of the Roman Catholic Diocese of Rockville Centre has added more than 130 non-debtor parishes to the talks, a day before unsecured creditors gained consensual access to internal audit reports about the organization's financial situation on Monday.

  • June 27, 2022

    McGlinchey Adds Liability, Employment Atty In New Orleans

    McGlinchey Stafford PLLC announced last week that it hired an employment and litigation attorney as a member in its New Orleans office.

  • June 27, 2022

    Justices Won't Weigh Freight Broker Negligence Suit

    The U.S. Supreme Court on Monday declined to consider C.H. Robinson Worldwide Inc.'s challenge to a split Ninth Circuit decision reviving a personal injury suit alleging the freight broker and logistics giant negligently hired an unsafe trucker involved in a highway accident.

  • June 24, 2022

    Maxwell Wants To Nix 4 Accusers' Testimony At Sentencing

    Ghislaine Maxwell told a Manhattan federal judge on Friday that four women who say they were abused by her and Jeffrey Epstein shouldn't be allowed to give victim impact statements at her sex-trafficking sentencing on Tuesday, saying the proceeding "should not be an open-mike forum for any alleged victim."

  • June 24, 2022

    Abortion Questions Swirl Over Health Attys In Post-Roe World

    Lawyers for the health care industry's myriad participants — hospitals, pharmacies, telemedicine platforms, investors and more — are fielding countless queries about ethical duties to patients and a minefield of legal risks after the U.S. Supreme Court erased the constitutional right to abortion and allowed states to criminalize the procedure.

  • June 24, 2022

    Pa. Feds Say 2 Attys Siphoned Legal Fees From Former Firm

    Two personal injury attorneys are accused of resolving cases behind their former law firm partners' backs and pocketing thousands of dollars in legal fees for themselves, federal prosecutors in Pennsylvania said Friday.

  • June 24, 2022

    Texas Justices Asked To End Pacemaker Implant Suit

    A Texas hospital is asking the state supreme court to toss a woman's lawsuit accusing its doctor of negligently and unnecessarily implanting a pacemaker, arguing that the medical center is forced to play a "game of gotcha" if required to object to every untimely expert report the patient files.

  • June 24, 2022

    Ill. Justices Back Revival Of 1 Claim In Hip Surgery Suit

    The Illinois Supreme Court said Friday that a lower appellate panel was only half right to revive negligence claims against two doctors who allegedly botched a hip replacement surgery, because the panel lacked jurisdiction to review one of the doctor's summary judgment wins.

  • June 24, 2022

    Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit

    A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.

  • June 24, 2022

    7th Circ. Won't Revive Class Fraud Claims In Sex Abuse Suit

    The Seventh Circuit has affirmed former USA Volleyball coach Rick Butler's defeat of consumer fraud claims stemming from his alleged concealment of sexual abuse accusations against him, agreeing that the lead plaintiff in the case knew about an Illinois agency and USA Volleyball's findings about his alleged sexual abuse and enrolled her children in his club's programs anyway.

  • June 24, 2022

    Ex-High School Athlete Takes Football Injury Suit To Justices

    A former high school football player is asking the U.S. Supreme Court to revive his civil rights lawsuit against a Texas school district over multiple concussions he suffered during practices, in a bid to overturn the Fifth Circuit's rejection of the "state-created danger" doctrine.

  • June 24, 2022

    Southwest Airlines Settles Teen's Midair Sex Assault Case

    Southwest Airlines Co. avoided a Texas state court jury trial by agreeing to settle allegations it enabled a male passenger to sexually assault a 13-year-old girl on a Las Vegas-to-San Antonio flight by repeatedly serving him alcoholic drinks in flight, despite his already being intoxicated upon boarding.

Expert Analysis

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Dobbs Ruling Creates Compliance Dilemmas For Hospitals

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    Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, hospitals in states with sweeping abortion prohibitions may struggle to reconcile state and federal legal regimes, including the Emergency Medical Treatment and Labor Act, say attorneys at Dentons.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • When A Nonmanufacturer Is The 'Apparent Manufacturer'

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    A recent Washington state case addressed consumer expectations with respect to a manufacturer's advertisements, which is a reminder that retailers can be held liable for products they don't manufacture based on labeling and advertising under the apparent manufacturer doctrine, say Christopher Carton and Jasmine Owens at Bowman and Brooke.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
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    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

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