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Personal Injury & Medical Malpractice
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May 30, 2024
Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit
Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.
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May 30, 2024
Real Estate Investor Beats Niece's Suit Over Fall At LA Home
Real estate investor and philanthropist Stanley Black can't be held liable for injuries suffered by his niece when she tripped and fell on the driveway of his Sunset Boulevard mansion, a California state appeals court has ruled, saying there's no evidence of defects on the driveway she walked on many times before.
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May 30, 2024
FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes
The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.
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May 30, 2024
UPenn Retools Fight Against Defamation Suit Over Email
An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.
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May 30, 2024
NFL Kicker Accused Of Sexually Assaulting Flight Attendants
Two flight attendants who worked on a transatlantic charter flight for the Jacksonville Jaguars have sued the team and kicker Brandon McManus in Florida state court, alleging he sexually assaulted them during the eight-hour flight to London.
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May 30, 2024
Dollar General Gets To Close Door On Injury Suit
The Georgia Court of Appeals has shut down a patron's suit against Dollar General Store alleging she injured her hand closing a faulty door, saying the hazard was not hidden, she had as much knowledge of it as employees, and she'd negotiated the door successfully earlier the same day.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Transportation Co. Must Face Negligence Claims In Crash Suit
A Texas federal judge isn't letting Panther II Transportation Inc. escape negligence claims from a suit alleging one of its drivers hit a vehicle on the highway, finding there's sufficient evidence for a jury to conclude the company should have known the driver posed a risk without additional training.
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May 30, 2024
Ex-WWE Worker Pauses Trafficking Claims For DOJ Probe
A former World Wrestling Entertainment Inc. paralegal has agreed to put her sexual assault and trafficking lawsuit against the company, founder Vince McMahon and a former executive on hold while the U.S. Department of Justice conducts a "nonpublic investigation," the plaintiff's counsel said Thursday.
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May 30, 2024
Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit
Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.
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May 30, 2024
Justices Revive NRA's Free Speech Claims Against NY Official
The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.
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May 29, 2024
6th Circ. Won't Consider Appeal Over Fatal Walmart Shooting
The Sixth Circuit on Wednesday rejected a challenge to the dismissal of a wrongful death claim against Walmart by the family of a man killed by police, ruling the lower court shouldn't have certified dismissal for immediate review because the same set of facts underlie unresolved claims remaining for trial.
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May 29, 2024
5th Circ. Sends Hain Toxic Baby Food Suit To State Court
Grocery store chain Whole Foods Market Inc. and international food company Hain Celestial Group Inc. can't escape a lawsuit seeking to hold them liable for the mental and physical decline of a toddler, allegedly caused by tainted baby food they sold, the Fifth Circuit ruled, saying the case was improperly removed to federal court.
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May 29, 2024
Pot Co. Stiiizy Accused Of Marketing Unsafe High-THC Wares
California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in one user who brought a product liability and fraud suit Wednesday in Northern California state court.
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May 29, 2024
American Airlines Sued By Black Men Profiled For Body Odor
Three Black men are suing American Airlines for racial discrimination claiming they and five other Black men were each asked to exit an airliner after a white flight attendant complained of an unknown passenger's body odor, according to a suit filed Wednesday in New York federal court.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
Nestle Purina Sued Over Foul Odors At Denver Plant
Two Colorado residents hit Nestle Purina PetCare Co. with a proposed class action in federal court Tuesday, saying the company's pet food manufacturing facility emits gag-inducing odors that have disrupted lives and reduced property values.
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May 29, 2024
No Sanctions Over Drone Video For Houston Cancer MDL Atty
A state judge said Wednesday that she wasn't planning on sanctioning an attorney representing Houston residents living near a contaminated rail yard for allowing allegedly improper drone videos to be taken over the site despite telling the lawyer that the "miscommunication" with his staff is "really on you."
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May 29, 2024
AP Urges Toss Of Suit Alleging It Helped Hamas Attack Israel
The Associated Press has urged a Florida federal court to toss a lawsuit alleging that it aided the attack on Israel last year by publishing pictures taken by freelancers affiliated with Hamas, saying there is no legal basis to hold the news organization liable for aiding terrorism.
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May 29, 2024
Ga. Attys Face Sanctions Bid Over Racial Profiling, Death Suit
A Georgia city has urged a federal court to sanction opposing counsel and their client, a mother who sued its police department for allegedly racially profiling and fatally shooting her son, calling the case "an abuse of the judicial process" because counsel and the plaintiff should have known their claims were false.
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May 29, 2024
Weinstein Could Face Added Assault Charges In Retrial
New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.
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May 29, 2024
Ga. Justices Reprimand Atty Over Flubbed Settlement
A Georgia solo practitioner was hit with a public reprimand by the state's highest court Wednesday after admitting that he bungled a personal injury settlement by delegating the negotiations to his assistant.
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May 29, 2024
11th Circ. Backs Insurer's Win In Trampoline Injury Suit
United Specialty Insurance had no duty to defend or indemnify a landscaper accused of negligently installing a trampoline that led to a child's injuries, the Eleventh Circuit affirmed, finding that the landscaper's insurance application expressly disclaimed the installation of recreational or playground equipment.
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May 28, 2024
Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse
A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.
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May 28, 2024
Dominican Air Co. Says CEO Deposition Not Needed In Suits
Dominican air charter company Helidosa Aviation Group SA is urging a Florida federal court not to allow jurisdictional discovery in two suits over the deaths of music producer Flow la Movie, his partner and their 4-year-old son in a 2021 plane crash, saying the court already has all the facts it needs to decide on Helidosa's motion to dismiss.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.
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Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'
The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.
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Rebuttal
High Court Should Maintain Insurer Neutrality In Bankruptcy
While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.