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Personal Injury & Medical Malpractice
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April 30, 2024
'Vanderpump' Stars Want 'Scandoval' Revenge Porn Suit Axed
"Vanderpump Rules" cast members Tom Sandoval and Ariana Madix have asked a California court to toss revenge porn and invasion of privacy claims brought by former cast member Rachel Leviss following the show's viral "Scandoval" cheating scandal, saying Leviss' claims are false and "an abuse of the legal process."
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April 30, 2024
Migrant Families, Biden Admin Settle Separation Suit
The Biden administration has inked deals resolving two lawsuits from migrant parents who claim to be experiencing lasting emotional damage after being separated from their children under a Trump-era policy.
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April 30, 2024
Truck Driver Wins $12M In Illinois Crash Case
An Illinois state jury hit a pipeline construction company with a $12 million verdict over claims that one of its drivers rear-ended a semitruck driver, causing a spinal injury and lifelong pain.
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April 30, 2024
Watchdog Says USA Swimming Indemnity Suit Has No Basis
A nonprofit watchdog overseeing reports of sexual abuse in U.S. sports has urged a Colorado state judge to toss an indemnification suit by USA Swimming, claiming there is no contract between them, much less one requiring the watchdog to pay for separate litigation in Washington state.
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April 30, 2024
Texas Doctor Can't Get Expert Report Tossed In Suicide Suit
A Texas appeals court on Tuesday refused to dismiss a mother's suit alleging a doctor and medical center failed to properly treat her son's depression, saying the expert report is sufficient in laying out how the doctor's alleged negligence led to the son's suicide.
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April 30, 2024
Drug Company Can't Escape Texas Counties' Opioid MDL
A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos
The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.
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April 30, 2024
Dust Spray Maker Hit With $7.75M Verdict Over Fatal DUI
The maker of aerosol dust remover has been ordered by a Minnesota federal jury to pay $7.75 million to the husband of a woman who was killed in a car accident by a truck driver who huffed the spray before getting behind the wheel.
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April 30, 2024
Judge Tosses LTL's Suit Over Article Linking Talc To Cancer
A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.
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April 30, 2024
Pa. Schools Say Railcar Cos. Must Face Derailment Claims
Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.
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April 30, 2024
Camp Lejeune Litigants Balk At Bellwether Pick Process
The leadership group for former residents of Camp Lejeune who claim that contaminated drinking water caused their diseases has told the North Carolina federal court overseeing their case that it's too soon to limit trials to just plaintiffs who allege only one disease.
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April 30, 2024
City Says Workers' Comp Ends $50M Ship Fire Death Suit
The city of Newark, New Jersey, is seeking to toss a $50 million wrongful death lawsuit brought by the families of two firefighters who died in July aboard a burning cargo ship, arguing that accidents that occur in the course of employment are matters to be resolved through the workers' compensation process, not the federal courts.
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April 30, 2024
Georgia EMS Co. Rife With Harassment And Abuse, Suit Says
An Atlanta-based EMS provider was hit with a lawsuit by a former paramedic who says in under one year with the company, she faced a workplace rife with sexual harassment, domestic abuse, medical malpractice, retaliation and white supremacist affiliations.
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April 30, 2024
Apple Says Astroworld Trial Is Halted For Pretrial Loss Appeal
Apple told a state court Monday that the first trial in litigation stemming from the 2021 Astroworld crowd crush is automatically stayed while it appeals a Houston judge's denial of its bid for a pretrial win in a move that the victims called a "bad-faith, desperate attempt" to "derail" the proceedings less than a week before jury selection is set to begin.
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April 30, 2024
Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit
An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.
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April 30, 2024
Trial Set For Lin Wood's Ex-Partners' Defamation Suit
Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.
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April 29, 2024
Radiologist Can't Opine On Surgeon Standards, Court Says
A woman can't maintain a medical negligence suit against a vascular surgeon for allegedly failing to identify a pseudoaneurysm in her leg, which later became infected, a Minnesota appeals court ruled on Monday, saying the patient's medical expert was properly disqualified.
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April 29, 2024
House Passes Bill To Curb Online Child Exploitation
The House by voice vote passed a bipartisan bill on Monday night aimed at better curbing online child sexual exploitation by improving the nation's centralized reporting system, which now goes to the president's desk.
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April 29, 2024
5th Circ. Ponders If There Were Claims In 'Patient Mistake' Suit
If an insurer says there's no claim, might a claim still have been made, a skeptical Fifth Circuit panel pondered at oral arguments Monday, considering whether a healthcare company's settlement paid for mistakenly approving out-of-state treatment of a Florida Medicaid patient was covered by insurance.
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April 29, 2024
Diddy Calls 1991 Rape Claim 'False, Offensive And Salacious'
Sean "Diddy" Combs has asked a New York court to trim one of the multiple sexual assault suits he is facing, calling plaintiff Joi Dickerson-Neal's allegations of a 1991 rape "false, offensive and salacious."
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April 29, 2024
Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit
The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Smollett Atty Wants Sanctions Over Missing Therapy Records
An attorney for Jussie Smollett has asked an Illinois federal judge for another round of sanctions after two brothers who allegedly helped stage a hate crime against the actor failed to turn over discovery, saying they've refused to turn over records or answer questions in the defamation suit pertaining to their mental health treatment.
Expert Analysis
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.
A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.
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How Facilities Can Address Legal Risk Of Wandering Patients
Wandering behavior in acute care facilities is a challenging healthcare issue rife with legal ramifications, so it's crucial for facilities to perform the correct risk assessments and appropriate interventions, says legal nurse consultant Marilyn McCullum.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Best Practices For Untangling Mass Tort Claimants' Liens
Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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NC TikTok Order Holds Lessons On Handling State AG Probes
Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.