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Personal Injury & Medical Malpractice
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June 11, 2024
Poor Monitoring Killed Anesthesia Patient, Conn. Jury Hears
An anesthesiology group should be held liable for a patient's death because a doctor and nurse failed to adequately monitor the woman's vital signs through multiple doses of the anesthetic propofol, causing her blood oxygen levels to drop and her heart to stop, a Connecticut jury heard Tuesday morning.
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June 11, 2024
Baldwin Urges Court To Block 'Rust' Armorer's Testimony
Alec Baldwin's legal team has urged a New Mexico state judge to prevent prosecutors from calling a convicted "Rust" film armorer to testify against the actor-producer during his upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.
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June 11, 2024
Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case
The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.
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June 11, 2024
Mich. Court Says Insurer Can Yank Benefits For Litigation Lies
The Michigan Supreme Court unanimously reversed an appeals court decision, ruling Tuesday that misrepresentations made during discovery could prevent the family of a deceased car accident victim from recovering benefits from an insurer assigned to his claim by a state safety net program.
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June 11, 2024
Singleton Schreiber Adds Tribal And Environmental Law Pro
Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.
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June 11, 2024
Wilson Elser Attys Officially Exit Airline Suit After Filing Gaffe
A Texas state judge has approved American Airlines' request for the departure of its Wilson Elser Moskowitz Edelman & Dicker LLP legal team that blamed a young child for a then-flight attendant's alleged covert bathroom recording, a week after the same lawyers were replaced from a similar suit in North Carolina federal court.
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June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine
The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
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June 11, 2024
Immigration Firm Says Rival Poached Workers And Stole TM
A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase it registered a trademark for — "Arreglar sin salir!" — which translates to "fix without leaving."
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June 10, 2024
ATF Says States Lack Standing In Suit Over Gun Show Rule
The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.
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June 10, 2024
Navy Liable In 'Take-Home' Asbestos Death, Trial Judge Told
The U.S. Navy can't avoid a $12 million wrongful death suit by arguing asbestos safeguards were only advisory at a Washington state shipyard in the 1970s, counsel to the family of a service member's deceased spouse said Monday at the start of a bench trial.
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June 10, 2024
6th Circ. Won't Rethink Drop Of Suit Over Doped Derby Horse
A Sixth Circuit panel on Monday declined to rehear arguments from a group of gamblers who claim they should have been paid for their 2021 Kentucky Derby winning bets after the first-place horse was eventually disqualified for doping.
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June 10, 2024
Home Flooding Was Unavoidable, Agency Tells Appeals Court
A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.
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June 10, 2024
Feds Want Ex-Army Officer's FTCA Claims Cut From Suit
A former major general's defamation lawsuit against the U.S. Army over an alleged domestic assault should be partially tossed, the federal government told a Pennsylvania federal judge Friday, arguing that soldiers can't sue the Army for incidents that happened while they were serving.
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June 10, 2024
Injured Teen Athlete Drops Michigan Supreme Court Appeal
A high school athlete who claimed a car crash ended his hopes of a college baseball career settled his lawsuit Friday, weeks after Michigan's top court had expressed interest in his appeal, which turned on who decides the seriousness of a crash victim's injury.
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June 10, 2024
NY Lawmakers Pass Kids Social Media Addiction Bill
New York lawmakers have passed a bill that will rein in social media algorithms from delivering addictive content to minors and sent it to Gov. Kathy Hochul's desk for approval, which is widely expected.
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June 10, 2024
Triumph Motorcycles Hit With Complaint Over Defective Brakes
An Iowa resident has accused a Georgia-based motorcycle company of putting defective brakes on a bike that caused him to sustain permanent brain injuries after he was unexpectedly thrown from the vehicle, in a complaint filed in North Carolina federal court.
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June 10, 2024
Colo. Justices Say Toxic Tort Plaintiffs Didn't Waive Privilege
Colorado's justices on Monday said plaintiffs suing a medical sterilization plant over exposure to a carcinogen cannot be forced to turn over communications with their lawyers related to an expert report, rejecting the plant's argument that the disclosure of a spreadsheet to an expert waived attorney-client privilege.
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June 10, 2024
Ga. Panel Revives Woman's Crash Injury Suit Against Sheriff
A Georgia Court of Appeals panel revived a crash lawsuit against a Georgia sheriff and deputy Monday, ruling that the plaintiffs' serving of the suit upon county government officials instead of the sheriff himself did not doom her case after all.
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June 10, 2024
Deputy Sheriff Denies Lying About Groping In $11M Case
The wife of a south Georgia sheriff who allegedly assaulted and jailed a man after she said he groped her in a gas station denied her accusations were false in response to an $11 million-plus federal civil rights lawsuit against the couple.
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June 10, 2024
Judge Orders Site Worker To Film Drone Video In Cancer MDL
A state judge said Monday that additional drone video of cleanup efforts at a contaminated rail yard sought by Houston residents living near the site must be taken by a Union Pacific Railroad Co. employee following a dispute over allegedly improper drone videos filmed over the site last month.
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June 10, 2024
Split Mich. Panel Says Attorney-Free Confession OK For Court
A split Michigan appellate panel said a judge should have admitted a video of a defendant confessing to hitting someone with his truck because the defendant signed multiple documents waiving his right to have counsel present, although a dissenting judge said police "misled" the defendant and took advantage of his confusion.
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June 10, 2024
Parexel Says Staffing Firm Liable For Temp's Alleged Fraud
Clinical research company Parexel International says a Boston-based staffing agency is liable for damages caused by a rogue temporary employee who engaged in "egregious fraud" involving multiple drug trials, according to a complaint filed in Massachusetts state court.
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June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award
The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
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June 10, 2024
Lin Wood's Ex-Colleagues Push To Keep Fraud Claims In Trial
Former law partners of controversial attorney Lin Wood have urged a Georgia federal court to block Wood's request to exclude unadjudicated allegations he committed fraud and contract breach, arguing that the details are relevant in an upcoming trial over the ex-colleagues' claims that Wood defamed them.
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June 10, 2024
Tampa-Area Doctor May Sue Attorney, Appeals Court Says
A doctor's lawsuit over a medical bill dispute with a personal injury lawyer involving one of the lawyer's injured clients may proceed, a Florida appeals court has ruled.
Expert Analysis
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.