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Personal Injury & Medical Malpractice
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April 29, 2024
Philips Inks $1.1B Deal To Resolve CPAP Injury Claims
The plaintiffs' attorneys leading a multidistrict litigation against Koninklijke Philips NV and some of its American subsidiaries announced Monday that they had reached a $1.1 billion settlement agreement for plaintiffs claiming that degraded foam in their breathing machines caused them personal injuries or will require long-term medical monitoring.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Remote Class, Medical News, More: Texas High Court Roundup
The Supreme Court of Texas ruled on a handful of issues Friday, including the liability of universities for switching to remote learning, the responsibility of an employer for not providing a worker with concerning medical news and how a settlement credit should be applied to a final judgment.
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April 26, 2024
Ex-McKinsey Partner Says Firm Made Him Opioids 'Scapegoat'
A former McKinsey & Co. partner lobbed defamation claims at the consulting firm, claiming Friday that it lied to the government and the public about his purported role in deleting evidence amid government investigations into the firm's work with opioid manufacturers, an alleged scheme designed to make him the "scapegoat."
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April 26, 2024
Confusion Over Law Led To Doc Fight, Astroworld Judge Says
A special master appointed to the civil litigation stemming from the deadly 2021 Astroworld festival told attorneys Friday that a "good faith misunderstanding" of criminal statutes has likely led to several discovery disputes, encouraging the parties to try to come to an agreement about what portion of the Houston Police Department's investigative file on the tragedy is discoverable.
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April 26, 2024
Frito-Lay Subcontractors Hit With $72M Factory Death Verdict
A Dallas County jury has awarded a nearly $72 million verdict to the family of a man who plunged to his death at a Frito-Lay facility, finding that his employer and another subcontractor working at the facility were liable for the accident.
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April 26, 2024
Rail Group Sues Minnesota Over New Hazmat Safety Fee Law
The lead lobbying group for the largest freight railroads sued Minnesota Attorney General Keith Ellison in federal court on Friday, challenging a state law requiring railroads to dedicate $2.8 million for responding to hazardous material incidents.
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April 26, 2024
Feds Probe Tesla Autopilot Recall Fix Amid 'Misuse' Risks
The National Highway Traffic Safety Administration is investigating whether Tesla's software update following a December recall, intended to more clearly warn drivers to stay alert and attentive while using its vehicles' Autopilot advanced driver-assistance system, effectively addressed the risks of "driver misuse."
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April 26, 2024
Alaska Airlines Rogue Pilot Suit Not Grounded Yet
A Washington state court judge ruled Friday that Alaska Airlines passengers' state negligence claims were entirely preempted by federal regulations, but gave them a chance to revise their suit to claim the airline violated federal safety rules by allowing an off-duty pilot into the cockpit who allegedly tried to sabotage the flight.
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April 26, 2024
R. Kelly Can't Unwind Chicago Child Porn Conviction
The Seventh Circuit refused on Friday to disturb R. Kelly's Chicago conviction and 20-year prison sentence on child pornography and inducement charges targeting decades-old misconduct, rejecting his argument that the statute of limitations had run out on the U.S. government's case.
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April 26, 2024
5th Circ. Reverses Coverage For Fatal Race Accident Suit
An insurer doesn't have to defend the organizers of an amateur drag racing event against underlying negligence claims stemming from a fatal car crash, the Fifth Circuit ruled Friday, reversing a lower court's decision and determining that a commercial general liability policy was not ambiguous.
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April 26, 2024
Commerce Restricts Gun Exports To 'High-Risk' Countries
The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.
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April 26, 2024
Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot
A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.
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April 26, 2024
Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits
BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.
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April 26, 2024
DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF
Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.
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April 26, 2024
$2.3B Roundup Win 'Unconstitutionally Excessive,' Judge Told
Counsel for Roundup maker and Bayer AG unit Monsanto asked a Philadelphia judge on Friday to undo a $2.25 billion award to a man who claimed the weed killer caused him to develop lymphoma, calling the massive verdict "unconstitutionally excessive" during a state court hearing.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Women Can't Tie Rogue Fertility Doc To Yale, University Says
A Connecticut fertility doctor's former patients don't have probable cause to include Yale entities in their claims that he secretly inseminated them with his own sperm, so a state court should deny their prefiling bid for discovery, the university and its healthcare organizations have said.
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April 26, 2024
Ex-NYC Mayoral Candidate's Defamation Suit Revived
A New York appeals court has revived a defamation suit brought by former New York City comptroller and 2021 mayoral candidate Scott Stringer against a woman who accused him of past sexual misconduct and, in his words, "derailed" his campaign.
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April 26, 2024
Sacks Weston's Ch. 11 Bid Axed Over Likely Financial Decline
A federal judge has rejected Philadelphia-based firm Sacks Weston LLC's plan to become solvent and dismissed its bankruptcy petition this week, saying the firm's financial decline is likely to continue.
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April 26, 2024
SafeSport Turned 'Predator Rather Than Protector,' Suit Says
A New Jersey gymnastics coach has claimed the U.S. Center for SafeSport, which Congress tasked with guarding young athletes from abuse and holding abusers accountable, "turned predator rather than protector" after allegedly unfairly suspending him without due process.
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April 26, 2024
UPMC To Face New Trial Over Claims It Missed Man's Stroke
A Pennsylvania appeals panel has ordered a new trial over a man's claims that he was left with permanent brain injuries after doctors at UPMC Bedford Memorial failed to diagnose a stroke in progress, saying he should have been allowed to rebut a new theory the hospital first presented at trial.
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April 26, 2024
RJR Gets $12M Judgment Tossed In Tobacco Death Suit
A Florida appeals panel on Friday threw out a $12 million judgment against R.J. Reynolds Tobacco Co. in a wrongful death suit by the wife of a smoker, saying the evidence didn't support the jury's finding in the wife's favor on her conspiracy to fraudulently conceal claim.
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April 25, 2024
Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility
The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.
Expert Analysis
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Teach Your Witness About 'Good' And 'Bad' Testimony Words
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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Louisiana's Toxic Tort Barrier May Be Weakening
Louisiana's short prescriptive period to bring a survival action has long served as an important barrier against toxic tort claims, but the plaintiffs bar will likely rely on the recent Fifth Circuit decision in Jack v. Evonik to argue that anyone who arguably suffered injury based on exposure to some toxic substance may have a claim, say attorneys at Kirkland.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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3 Personal Jurisdiction Questions Mallory Leaves Unanswered
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Justices Could Use Purdue To Resolve Related Circuit Split
The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.
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Cases Linking Baby Food, Autism Pose Causation Challenges
Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.
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Suits Likely Over Nevada Law Limiting Claimant Injury Exams
A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.