Personal Injury & Medical Malpractice

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    Walmart Seeks Toss Of Suit Over Crash That Killed Girl Scouts

    Walmart Inc. urged a California federal court to dismiss a lawsuit over the deaths of two Wisconsin Girl Scouts and one of their mothers who were run over by a pickup-truck driver high on Ultra Duster, accusing the victims' families of a "blatant act of forum shopping."

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Edelson, Ex-Girardi Attys Can Post Separate Financial Charts

    An Illinois federal judge probing contempt liability over Thomas V. Girardi's misappropriation of $2 million said Thursday that he'll accept separate charts reflecting certain Girardi & Keese accounts' cash flow, after learning a dispute arose over how to present the information to the court.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Judge Says Bid To Nix EEOC Suit 'Wasted Everyone's Time'

    A California federal judge forcefully rejected a now-defunct cellphone company's push Thursday to get a U.S. Equal Employment Opportunity Commission sexual harassment lawsuit thrown out, labeling the motion a "baseless" waste of time.

  • January 27, 2022

    Injured Live Nation Worker, Atty Take $5M Fee Spat To Court

    An event worker who won a historic award from Live Nation over an accident that left him with severe brain injuries is embroiled in an acrimonious dispute over attorney fees with his lawyer, who is suing him in New York over a $5.5 million fee.

  • January 27, 2022

    Ga. Atty Says Eleventh-Hour Call Backs Client-Stealing Claims

    A Georgia medical malpractice attorney urged a state judge on Thursday to keep alive his client-stealing case over the end of a multimillion-dollar co-counsel partnership, citing an overnight conversation with a former client who claimed to have been turned against him.

  • January 27, 2022

    Vision Biz To Pay $3.5M For Selling Non-Prescription Contacts

    The Federal Trade Commission has inked a $3.5 million settlement with Hubble Contacts to end claims that the online company sent out lenses that did not match customers' prescriptions and paid for positive reviews.

  • January 27, 2022

    Waiver Blocks Pa. Man's LA Fitness Slip-And-Fall Suit

    A Pennsylvania appeals court on Thursday gave the owners of a Philadelphia LA Fitness a win in a slip-and-fall suit alleging the company was responsible for a fall in which a patron injured his elbow, saying the membership agreement he signed when he joined the gym blocks all his claims.

  • January 27, 2022

    11th Circ. Won't Undo Royal Caribbean's Ice Skating Suit Win

    The Eleventh Circuit has upheld a bench trial win for Royal Caribbean Cruises Ltd. in a suit alleging its lack of rules against skating backward led to a Canadian woman breaking her leg when someone collided with her while ice skating.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Tennessee Court Boots Early Win In Worker's Foot Injury Suit

    A Tennessee state appeals court sent back to the trial court a UPS worker's suit seeking to hold a property management company liable for injuries she suffered when her foot went through the tile-covered stoop of a Chattanooga townhouse during a delivery, saying the company failed to provide a copy of the contract that was said to have shifted responsibility.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Tyson Asks 5th Circ. To Keep COVID-19 Death Suits Federal

    Tyson Foods Inc. has told the Fifth Circuit a pair of lawsuits accusing the company of wrongfully requiring employees to work without proper safety protocols at the beginning of the COVID-19 pandemic belong in federal court, because the company was following instructions from the federal government at the time.

  • January 26, 2022

    Mom Of Murderer Can't Sue Pa. Hospital Over Son's Treatment

    A Pennsylvania appeals court on Wednesday threw out claims against the Hospital of the University of Pennsylvania by a convicted murderer's mother alleging the hospital's negligent psychiatric treatment led to her son's crimes, saying a state law blocks any claims for damages that stem from the commission of a felony.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Marilyn Manson Says Ex-Assistant's Sex Assault Suit Barred

    Marilyn Manson urged a Los Angeles judge on Wednesday to toss a suit from his former assistant accusing the rock star of sexual assault, battery and harassment in a lawsuit, saying the decade-old allegations are barred by statutes of limitations.

  • January 26, 2022

    Texas Panel Pauses Sex-Trafficking Suit Against Salesforce

    A Texas appellate court on Wednesday granted a request from Salesforce.com Inc. to pause a lawsuit in which Jane Does allege the company contributed to their sex-trafficking by selling a subscription for its customer relationship management and marketing software to an ad website, while the court considers whether the claims can proceed.

  • January 26, 2022

    Calif. Bar's New Top Prosecutor On Building Back Trust

    The State Bar of California’s credibility plummeted over the past year, thanks to a combination of new problems emerging and old ones coming to light. Under pressure from legislators to hire a new chief prosecutor to lead its lawyer disciplinary system, the bar chose former acting U.S. Attorney George Cardona. He recently spoke with Law360 about his experience and goals.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Girardi Used Client Cash On Diamonds For Wife, Trustee Says

    Reality television star Erika Girardi must surrender $750,000 diamond earrings that her husband, former trial attorney Thomas V. Girardi, bought with money he embezzled from his injured clients, a bankruptcy trustee told a Los Angeles judge this week.

  • January 26, 2022

    10th Circ. Revives Coal Miner's Black Lung Benefits Bid

    The Tenth Circuit has revived a former coal miner's claim for benefits under the Black Lung Benefits Act against Black Butte Coal Co., saying an administrative law judge with the U.S. Department of Labor's Benefits Review Board didn't reasonably explain why he favored one expert's medical opinion over others.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • What Experts, Attys Must Know About Psychological Injuries

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    As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Rebuttal

    Trucking Cos. Need Stronger Insurance To Protect Public

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    A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • 6 Months On, Liability Lessons From Surfside Condo Collapse

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    The collapse of the Champlain South Tower in Surfside, Florida, and the ongoing litigation that has followed serve as a wakeup call to engineers and contractors, who should review best practices for communicating warning signs and negotiating liability-limiting contract clauses, says Adrien Pickard at Shapiro Lifschitz.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Pa. Jurisdiction Ruling Is Good News For Out-Of-State Cos.

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    The Pennsylvania Supreme Court's recent landmark decision in Mallory v. Norfolk Southern, ending the practice of subjecting foreign corporations to general personal jurisdiction based on their registration to conduct business in the state, should significantly reduce lawsuits against out-of-state companies in Pennsylvania courts, says Benjamin Hartwell at Ward Greenberg.

  • Opinion

    Trucking Industry Needs Protection From Huge Legal Verdicts

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    Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

  • How State High Courts Are Ruling On Consent To Jurisdiction

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    Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. Supreme Court soon, say Jayne Risk and Neal Kronley at DLA Piper.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Workers' Comp Considerations As Ga. Cannabis Laws Evolve

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    With medical marijuana legislation in Georgia expected to implicate workers’ compensation claims, to address potential issues related to cannabis prescribed for work-related injuries, employers should implement zero-tolerance drug policies and strong screening methods, and keep apprised of the ever-changing policy and litigation landscapes, says Joanna Hair at Swift Currie.

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