Personal Injury & Medical Malpractice

  • June 11, 2021

    3rd Circ. Cuts Oral Arguments On Player's Settlement Denial

    A Third Circuit panel abruptly called off oral arguments set for later this month in an appeal by a former National Football League player demanding more transparency on whether his initially approved concussion settlement payout was ultimately denied because of the controversial use of "race-norming" to assess payout claims.

  • June 11, 2021

    Texas High Court To Review $7M Gas Explosion Verdict

    The Texas Supreme Court agreed Friday to review an almost $7 million jury verdict award against CenterPoint Energy Resources Corp. for injuries a man sustained in a residential gas explosion, which the utility company argues it isn't liable for under a tariff ending its duties at the gas meter.

  • June 11, 2021

    No-Show Atty Ran Out Of 2nd Chances, Mass. Court Says

    An attorney sued for allegedly bungling a medical malpractice case botched his defense in the resulting legal malpractice suit by not answering the complaint lodged against him and not showing up for a deposition, a Massachusetts appellate panel said Friday.

  • June 11, 2021

    Construction Co. Says Insurers Must Cover $32.5M Settlement

    A construction company has hit two Zurich units with a coverage dispute in Texas federal court, arguing the insurers should pay for its $32.5 million underlying settlement over a car accident allegedly caused by negligent road work.

  • June 11, 2021

    Families Want Calif. Court To Make Feds Pay For Separation

    Three families separated at the southwestern border have taken the federal government to California federal court, saying that immigration officials need to be held accountable for the lasting emotional trauma of their family separation policy.

  • June 11, 2021

    ERCOT Granted MDL For Texas Winter Storm Suits

    The Electric Reliability Council of Texas Inc. and other defendants facing lawsuits over loss of power and water services during February's deadly winter storm can consolidate 157 related cases in a multidistrict litigation pretrial court, a state panel has ruled.

  • June 10, 2021

    Ex-Michigan Football Coach Ignored Abuse, Son Says

    The son of legendary former University of Michigan football coach Bo Schembechler said Thursday he was sexually abused by a former university doctor who a recent WilmerHale report found engaged in sexual misconduct on "countless occasions" over nearly four decades with the school and that he told his famous father, who did nothing to stop it.

  • June 10, 2021

    Freezer Co. Hit With $15M Verdict Over Destroyed Embryos

    A California federal jury on Thursday found freezer manufacturer Chart Industries Inc. liable for the damage to and destruction of harvested eggs and embryos stored in its defective equipment, awarding nearly $15 million to the patients affected by a 2018 cryopreservation tank implosion.

  • June 10, 2021

    PG&E Beats Suit Over Worker's Rare Fungal Infection

    A California appellate court on Thursday upheld the dismissal of a suit accusing Pacific Gas & Electric Co. of causing a worker's rare fungal infection, saying the trial court did not err by finding that the worker's expert offered a speculative opinion as to how the worker contracted the infection.

  • June 10, 2021

    Virtual Voir Dire Devolved Into Circus, Texas Justices Hear

    Prospective jurors were spotted putting on makeup, drinking wine, gaming with headsets on and more during remote jury selection in the same Houston court that's wrongly trying to force a $100 million personal injury dispute into a virtual trial, a fuel company told the Texas Supreme Court on Thursday.

  • June 10, 2021

    Utility Can't Recoup Gas Accident Settlement Under Fla. Law

    A split Florida Supreme Court found Thursday that a state law does not provide grounds for Peoples Gas System to recover money from a construction firm to cover a settlement it paid to one of the firm's workers who suffered injuries when he struck a gas line.

  • June 10, 2021

    State Farm Sued For $5M Over 'Ambiguous' Auto Injury Policy

    A Georgia resident has slapped State Farm Mutual Automobile Insurance Co. with a $5 million proposed class action, alleging it uses an ambiguous policy to deny as unreasonable coverage for medical expenses related to vehicle crash injuries.

  • June 10, 2021

    Split NJ High Court Adopts Ongoing Storm Liability Rule

    A split New Jersey Supreme Court on Thursday adopted the so-called ongoing storm rule that commercial landowners do not have a duty to remove snow or ice while precipitation is still falling, while providing exceptions in cases where owners increase the risk of injury or there is a preexisting danger.

  • June 10, 2021

    RJR Faces Punitive Damages After Verdict In Cigarette Case

    A Florida jury found R.J. Reynolds partially liable Thursday for lung disease that caused $540,000 in damages to an entrepreneur and Winstons smoker, saying the man was 70% at fault for his injuries but nevertheless sending the case to a punitive damages phase.

  • June 10, 2021

    Transportation Trials Atty Joins Tyson & Mendes In Calif.

    National civil defense firm Tyson & Mendes LLP has added a partner specializing in transportation-related cases to its Orange County, California, office.

  • June 09, 2021

    Monsanto's PCBs Caused Brain Damage, Teachers Tell Jury

    Three teachers went to trial against Monsanto on Wednesday over neurological damage allegedly caused by the company's PCBs lingering in a school building decades after regulators clamped down on the highly toxic thermal insulation fluids.

  • June 09, 2021

    Tom Girardi's Conservatorship Made Permanent

    A Los Angeles judge on Wednesday placed disgraced trial attorney Thomas V. Girardi permanently under the care of his brother in conservatorship, despite claims the 81-year-old attorney is faking having Alzheimer's in order to insulate himself from allegations that he stole tens of millions of dollars from his own clients.

  • June 09, 2021

    Baylor Cleared In Former Athlete Sex Assault Trial

    A Houston jury on Wednesday cleared Baylor University of negligence and fraud charges lodged by a former student-athlete who claimed the university's "culture problem" led to her alleged sexual assault by fellow student-athletes in 2017.

  • June 09, 2021

    NJ Justices Allow Disability Claim Without Adverse Job Action

    The New Jersey Supreme Court has declared that workers don't have to show their job conditions worsened to pursue state Law Against Discrimination claims that employers did not accommodate their disabilities, handing a victory to a diabetic teacher in her suit against school officials over a fainting episode that left her with "life-altering" injuries.

  • June 09, 2021

    $5M Verdict Wiped, Retrial Ordered In Bubble Soccer Suit

    A Georgia appeals court has overturned a $5 million verdict for a high schooler who sustained head injuries while playing "bubble soccer," after the panel found that the trial court failed to instruct the jury properly.

  • June 08, 2021

    MSP Recovery's Opioid Claims Consolidated With Ohio MDL

    The Judicial Panel on Multidistrict Litigation said Monday that MSP Recovery's opioid suit against CVS belongs in Ohio federal court as part of multidistrict litigation there, declining to vacate an order conditionally transferring the action.

  • June 08, 2021

    Riot Suit Server Details Encounter Amid Rep. Trespass Claims

    A process server U.S. Rep. Mo Brooks has accused of criminal trespassing said in a D.C. federal court filing Tuesday that he followed proper legal procedures when he served the Alabama Republican's wife a lawsuit, which alleges the lawmaker helped incite the Jan. 6 insurrection at the U.S. Capitol.

  • June 08, 2021

    DOJ Carries On Trump's Appeal In Rape Defamation Case

    The U.S. Department of Justice has maintained its defense of Donald Trump in a defamation suit brought by a woman who accused him of rape, the latest in a series of controversial decisions by the DOJ to adhere to the prior administration's positions on cases implicating the former president.

  • June 08, 2021

    Texas Justices Hit Pause On Virtual Jury Trial In $100M Suit

    The Texas Supreme Court on Tuesday halted a virtual jury trial that was slated to begin Wednesday in a $100 million personal injury suit while it mulls whether a fuel company can demand an in-person jury trial.

  • June 08, 2021

    JPML Won't Lump Baby Food Suits Together

    The Judicial Panel on Multidistrict Litigation said Monday it will not group together suits targeting baby food manufacturers over the alleged presence of toxic metals in their products, saying the companies' marketing and manufacturing practices vary too much for centralization.

Expert Analysis

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

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    In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Snapchat Case May Offer Opening For Design Defect Plaintiffs

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    The Ninth Circuit's recent ruling in Lemmon v. Snap aligns with prior Communications Decency Act cases establishing internet platforms' immunity for third-party content, but may help plaintiffs who can show how a platform's design affected users negatively, say James Rotondo and Andrew Ammirati at Day Pitney.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

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