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Personal Injury & Medical Malpractice
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Hawaiian Electric Brass Hit With Suit Over Wildfire Preparation
A Hawaiian Electric Industries Inc. shareholder has alleged in a derivative suit that the company's executives and directors knew that it was not prepared for last year's deadly Maui wildfire, which caused reputational and financial damage to the company.
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April 09, 2024
Colo. Justices Admit Rulings Caused Claims Clock Confusion
The Colorado Supreme Court has concluded that some of its past decisions sowed confusion about how much time minors have to file personal injury claims, and clarified that a woman who relied on the prior precedent to sue in state court over her bike accident had waited too long.
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April 09, 2024
Court Axes Subpoena Of Ex-Wife In 1st Abortion Death Suit
The woman at the center of the nation's first abortion wrongful death suit since the landmark Dobbs decision need not produce info about how she allegedly obtained abortion-inducing drugs from two women, a Texas appeals court ruled Tuesday, saying doing so would violate the woman's Fifth Amendment right against self-incrimination.
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April 09, 2024
Wash. High Court Leaves Gun Magazine Ban In Place
The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.
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April 09, 2024
AT&T, Dominion Beat OAN's Claims In Defamation Fight
A D.C. federal judge tossed One America News's complaint claiming AT&T must indemnify it from Dominion's defamation suit over voter fraud misinformation since AT&T breached disparagement clauses in its contract with the TV channel, finding OAN has not shown Dominion's suit was prompted by public criticisms by TV personalities and AT&T's board chair.
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April 09, 2024
Ex-Haitian Mayor Can't Nix Mass. Jury's $15.5M Torture Verdict
A Boston federal judge has refused to toss a $15.5 million civil verdict finding a former Haitian mayor responsible for torture and extrajudicial violence against rival political party members.
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April 09, 2024
EPA Reaches $1.4M Deal With Chemical Co. Over Plant Fire
The U.S. Environmental Protection Agency on Monday said that it had recently reached a settlement with Houston-based Sasol Chemicals LLC over a 2022 chemical plant explosion in Westlake, Louisiana, over which the company agreed to pay more than $1.4 million in civil penalties and fix violations.
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April 09, 2024
Smith & Wesson Can't Keep Mass Shooting Case In Fed. Court
The Seventh Circuit ruled Monday that Smith & Wesson must litigate in state court lawsuits brought by survivors and the families of victims who were killed or wounded in the July 4, 2022, Highland Park, Illinois, parade shooting, rejecting the gunmaker's argument that its compliance with federal regulators mandated federal jurisdiction.
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April 09, 2024
Jury Must Hear Terrorism Payments Were Extortion, Chiquita Says
Banana company Chiquita argued Tuesday it should not be blocked from presenting evidence about threats made to its employees by a Colombian paramilitary group and about other businesses making payments to the group at a coming bellwether trial in a long-running multidistrict litigation accusing Chiquita of funding the paramilitary group that allegedly killed the plaintiffs' relatives.
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April 09, 2024
Feds Want To Push Back Complex Camp Lejeune Cases
The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.
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April 09, 2024
Tenn. Justices Don't Let Trader Joe's Avoid Direct Claims
The Tennessee Supreme Court has decided not to let Trader Joe's East Inc. escape direct liability and premises liability claims in a slip-and-fall suit by admitting that one of its employees is at fault, saying that the rule the store proposed doesn't fit with the state's comparative fault system.
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April 09, 2024
Boies Schiller Attys Face Sanctions Bid Over Epstein Suit
Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.
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April 09, 2024
Ga. Firm Fights Sanctions Bid For Pursuing COVID-19 Suit
A Georgia law firm has urged a federal court to reject a sanctions motion against it for pursuing claims that businesses failed to protect a worker against catching COVID-19, arguing the bid is untimely and saying the companies made misleading statements about the case in their request.
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April 09, 2024
NJ Justices To Hear If Philly Archdiocese Subject To NJ Court
The New Jersey Supreme Court will determine whether the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit alleging a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago.
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April 09, 2024
Norfolk Southern Settles Train Derailment Suits For $600M
Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.
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April 09, 2024
EPA Finalizes Rule Cutting Cancer-Causing Emissions
The U.S. Environmental Protection Agency on Tuesday finalized restrictions on cancer-causing emissions including ethylene oxide and chloroprene from chemical plants that the agency says will reduce nearby vulnerable populations' risk of cancer and other health problems.
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April 08, 2024
Miss. Residents Defend Jackson Water Contamination Claims
A group of Jackson, Mississippi, residents are asking a federal judge to preserve their second amended proposed class action against the mostly Black city over a water treatment plant shutdown that left more than 150,000 people without access to clean water.
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April 08, 2024
Las Vegas Atty Killed In Murder-Suicide During Law Firm Depo
An attorney is suspected of fatally shooting prominent Las Vegas personal injury trial lawyer Dennis Prince and Prince's wife before killing himself in a targeted shooting during a deposition in a child custody battle at the Prince Law Group's offices Monday morning, according to the Las Vegas Police and media reports.
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April 08, 2024
Roche Again Beats Ex-Service Members' Antimalarial Drug Suit
A California federal judge on Monday tossed a second suit alleging Roche Inc. and its affiliates failed to warn service members that their antimalarial drug could have permanent psychiatric side effects, saying such claims are preempted by federal law.
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April 08, 2024
Credit Reporters Falling Short On Trafficking Rule, CFPB Says
The Consumer Financial Protection Bureau said Monday that its examiners have been seeing problems in the credit reporting industry with the accuracy and integrity of information that companies are relaying about consumers, including violations of certain recent protections for human trafficking survivors.
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April 08, 2024
High Court Creating DEI Headwinds, Colo. AG Says
Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.
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April 08, 2024
McMahon Sells Millions More In TKO Stock Amid Abuse Suit
WWE's disgraced founder Vince McMahon, who was recently accused of trafficking a former employee, continues to loosen his grip on the wrestling company he founded, most recently selling $311 million worth of stock in WWE's parent, according to a Monday securities filing.
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April 08, 2024
Ga. Man Alleges Assault, Jailing Over False Groping Charge
A south Georgia sheriff and his wife were hit with an $11 million-plus federal civil rights lawsuit on Friday from a man who says the sheriff's wife falsely accused him of groping her in a convenience store, leading to the sheriff knocking him out cold and arresting him.
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April 08, 2024
Tesla Settles Autopilot Wrongful Death Suit On Eve Of Trial
On the day a closely watched trial was set to get underway in California, Tesla Inc. revealed it reached a confidential settlement with the family of an Apple engineer who died in a 2018 crash of a Tesla vehicle engaged in Autopilot, the company said in a California Superior Court filing on Monday, asking the judge to seal the figure.
Expert Analysis
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.
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2nd Circ. Defamation Ruling May Chill NY Title IX Reports
The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.