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Personal Injury & Medical Malpractice
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April 18, 2024
NJ Atty Fires Back At Litigation Funder's $18M Contract Claim
A Florida-based litigation funder that is waging an $18 million breach of contract suit against a New Jersey lawyer has been hit with a countersuit alleging the business reneged on an agreement to secure funding for nationwide personal injury cases.
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April 18, 2024
Maui County Sued Over Wildfire Landfill Debris Storage
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
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April 18, 2024
Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer
A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.
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April 17, 2024
Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed
An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.
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April 17, 2024
Experts Unjustly Barred In Fla. Cancer Suit, 11th Circ. Told
A group of Florida families urged the Eleventh Circuit on Wednesday to overturn a jury verdict that found defense contractor Pratt & Whitney wasn't liable for a cancer cluster near the company's former rocket testing site, saying the court abused its discretion when excluding their expert witnesses.
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April 17, 2024
Walgreens Investors' $36M Deal In Opioid Suit Gets First OK
An Illinois federal judge on Wednesday granted his initial approval of a $36 million settlement to end a stockholder's derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids.
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April 17, 2024
Discovery Sanction Too Severe In $1M Vape Case, Panel Says
An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.
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April 17, 2024
PG&E Sued For $225 Million Dixie Fire Forest Damage
Owners of the Collins Almanor Forest in Northern California have slapped PG&E with a complaint alleging that they incurred more than $225 million in damage after the Dixie Fire ripped through approximately 55,000 acres of their forest lands in July 2021.
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April 17, 2024
Kraft Sued Over Lead Contamination In Lunchables
Kraft has been slapped with a proposed class action over its popular Lunchables snack kits after independent testing of the kits allegedly found that they contained high, though legally allowable, levels of lead and other harmful substances.
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April 17, 2024
J&J Tells Jurors To Look To Evidence And Science In Talc Trial
Johnson & Johnson's attorney urged a Florida jury Wednesday to look beyond the emotion in the case of a longtime baby powder user who died from cancer and to the science and the evidence, which he said fail to show a causal link between talcum powder and ovarian cancer.
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April 17, 2024
Salvadoran Deported By Mistake Ends Suit Over Injuries Abroad
A Salvadoran man who was wrongly deported by U.S. Immigration and Customs Enforcement has ended his suit over the abuse he suffered in a Salvadoran prison, after reaching a settlement with the federal government, according to Massachusetts federal court documents.
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April 17, 2024
Hawaii AG Releases Timeline Of Deadly Lahaina Wildfire
Hawaii's attorney general on Wednesday released findings from the first report of a three-part investigation into how state and county governments responded to the wildfires that ignited on the island of Maui last year, decimating the historic town of Lahaina and leaving more than 100 people dead.
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April 17, 2024
Jury To Decide Fault Of Driver In Spray-Huffing DUI Death
A Minnesota federal judge on Wednesday said it's up to a jury to decide whether a driver acted intentionally or negligently when he allegedly huffed a compressed gas spray and killed a woman in a collision, in a trial against the spray's manufacturer over the death.
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April 17, 2024
NC Justices Fear UNC Doc Wants 'Dramatic' Immunity Expansion
The North Carolina Supreme Court expressed concern Wednesday over a "dramatic" broadening of public official immunity if they accepted the arguments of a University of North Carolina doctor looking to escape a defamation lawsuit alleging he made up accusations to incite a vindictive investigation into a going away party for a subordinate.
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April 17, 2024
Mich. Justice Warns Of Price Tag In School Liability Case
A Michigan Supreme Court justice on Wednesday said a victory for a mother seeking to hold a school liable for her toddler's dangerous fall from bleachers could have far-reaching implications, potentially requiring expensive upgrades at public buildings across the state, including courthouses.
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April 17, 2024
Pennsylvania Hospital Cuts $32.5M Birth Injury Deal Midtrial
Partway through a trial over an infant's brain damage allegedly caused by medical malpractice, a Pennsylvania hospital has agreed to settle the matter for $32.5 million, according to attorneys pursuing the claims on behalf of the child's mother in state court.
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April 17, 2024
FDA Tells Justices It Has A Better Vape Case In Mind
The U.S. Food and Drug Administration has told the U.S. Supreme Court that if it wants to address the agency's decision not to approve applications for flavored e-cigarettes, there is a better case in the pipeline than the appeal lodged by Lotus Vaping Technologies that the justices should choose instead.
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April 17, 2024
Reps. Want To Exempt Water Utilities From PFAS Liability
A bipartisan duo of congressional lawmakers is pushing a bill that would exempt some public water systems, municipalities and other entities from liability for violations of federal "forever chemical" regulations.
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April 17, 2024
Rebut Or Regret? Baldwin Faces Quandary In 'Rust' Trial
The stiff prison sentence handed to the "Rust" film armorer convicted of involuntary manslaughter in the fatal on-set shooting of a cinematographer offers potential lessons for actor-producer Alec Baldwin, who experts say must walk a fine line between denying fault and expressing sympathy over his involvement in the tragic incident as he faces trial on the same charge.
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April 17, 2024
Compass Group Gets New Damages Trial In $8M Death Suit
A California state appeals court has rejected cross-appeals from food service giant Compass Group USA Inc. and a mother suing it for negligence in a wrongful death suit that ended in an $8 million verdict, sending the case back for a new trial on damages.
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April 17, 2024
Data Co. Seeks Coverage For $250M Lebanon Explosion Suit
A data services company told a Texas state court that its insurers must defend it in an underlying $250 million lawsuit stemming from the 2020 Port of Beirut explosion in Lebanon which killed over 218 people, maintaining that the insurers have wrongfully refused.
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April 17, 2024
Managing Partner Pilfered Exiting Atty's Gmail, Regulator Says
The managing partner of a six-attorney Hartford, Connecticut, personal injury and employment law firm threatened to gin up a criminal probe and ordered downloads from the personal Gmail account of a departing attorney, according to a post-trial brief by disciplinary authorities seeking the partner's one-year suspension.
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April 17, 2024
Ga. Justices To Examine 'Actual Malice' In Atty's Libel Case
The Supreme Court of Georgia has agreed to take up a contentious defamation case, pitting an orthopedic surgeon against a defense attorney known for criticizing "litigation networks" of plaintiffs attorneys and doctors, that could determine how difficult it is to sue attorneys accused of bad-mouthing third parties to other attorneys.
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April 16, 2024
Pro-Israel Fart Sprayer Sues Columbia Univ. Over Suspension
A Jewish Columbia University student on Tuesday lobbed discrimination claims at the university, which he said unfairly suspended him for spraying non-toxic fart spray at a protest over the Israeli-Palestinian conflict, a move he said was designed to "silence" him for his views.
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April 16, 2024
Al Roker Fired Producer For Supporting DEI Policy, Suit Says
Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.
Expert Analysis
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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How 2023 Shaped Drug And Medical Device Legal Trends
2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.