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Personal Injury & Medical Malpractice
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May 23, 2024
Estate Sues Hanover For $13.4M Judgment In Death Suit
The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.
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May 23, 2024
Fertility Doc Says Fraudulent Insemination Suit Filed Too Late
A Connecticut doctor accused of using his own sperm to artificially inseminate a patient instead of the donor sperm she agreed to use has argued that his former patient and her daughter cannot pursue claims against him more than 36 years after the alleged fraudulent insemination.
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May 23, 2024
BakerHostetler Faces Suit Over Murdaugh Case Work
BakerHostetler and one of its attorneys have been slammed with a lawsuit alleging they instructed an investigative agency to withhold information on the family of Alex Murdaugh, the South Carolina attorney serving a life sentence for killing his wife and son, and then refused to pay the agency its related expenses.
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May 23, 2024
DC Judge Bars Giuliani From Defaming Ga. Poll Workers
A D.C. federal judge has entered an injunction barring Rudy Giuliani from repeating lies that two Georgia poll workers meddled with the 2020 presidential election, resolving a second lawsuit the election workers launched after securing a $146 million judgment against the former New York City mayor.
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May 23, 2024
NYC Mayor And Assault Accuser Spar Over Discovery 'Theatrics'
The first conference in a lawsuit alleging New York City Mayor Eric Adams sexually assaulted a Police Department colleague in 1991 grew heated Thursday, as attorneys on both sides accused the others of improper discovery gambits.
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May 23, 2024
J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL
Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.
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May 23, 2024
GSK, Boehringer Prevail In 1st Zantac Cancer Trial
A Chicago jury found Thursday that Zantac heartburn medication and its generic counterparts sold by GlaxoSmithKline and Boehringer Ingelheim are not responsible for an Illinois woman's colon cancer and her subsequent, debilitating symptoms, handing the drug companies a decisive victory in the first of hundreds of such cases to go to trial.
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May 23, 2024
Alex Jones Atty Escapes Suspension, For Now
The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
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May 22, 2024
Nursing Home Asks Ill. Justices For Broad COVID Immunity
An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.
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May 22, 2024
Monsanto's Appellate Win Won't Nix $438M PCB Loss
A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.
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May 22, 2024
Seattle Sues Train Cos. Over Bike Track-Crossing Suits
The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Cancer Patients Target J&J Talc Unit's Asset Shuffles
Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Developer Had No Duty To Verify Flood Model, Court Hears
A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.
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May 22, 2024
Evidence Shaky In First Zantac Cancer Trial, Drugmakers Say
Attorneys for GlaxoSmithKline and Boehringer Ingelheim told a Chicago jury Wednesday that no one besides a plaintiff's paid witnesses have said publicly that Zantac heartburn medication causes colon cancer, calling on the jurors to reject claims that the companies owe $640 million for a woman's cancer diagnosis.
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May 22, 2024
Juvenile Facilities Across Pa. Sued For Sexual Abuse
Over 60 people filed lawsuits against the Pennsylvania Department of Human Services and the owners of several juvenile detention facilities Wednesday alleging widespread sexual abuse inflicted upon residents by staff at the facilities.
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May 22, 2024
DuPont 'Document Dump' Rattles NC In PFAS Suit
North Carolina and DuPont on Wednesday battled over what the state called a roughly 5 million-page "document dump" ahead of a looming June 3 discovery deadline in its contamination lawsuit, irking a business court judge in the process.
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May 22, 2024
GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers
Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border.
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May 22, 2024
Uvalde Families Ink $2M Deal With City Over School Shooting
The families of 19 victims of the deadly May 2022 shooting at Robb Elementary School announced Wednesday that they've reached a presuit settlement with the city of Uvalde, Texas, that includes $2 million in payments to the families and commitments to better train police officers in their shooting responses.
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May 22, 2024
Mo. Court Upholds Dentist's Malpractice Trial Win
A patient who sued a St. Louis-area dentist over alleged injuries she suffered during removal of her wisdom teeth can't upend a jury verdict in favor of the surgeon, a Missouri appeals court ruled, saying the trial court was right to deny efforts to impeach a witness on nonessential issues.
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May 22, 2024
NC Panel Revives Retention Claim In Faulty Back Surgery Suit
A North Carolina appeals court has revived a family's negligent retention claim against a clinic over a doctor who was ousted from the profession for unnecessary and faulty surgeries, finding the claim does not fall under the state's four-year statute of repose for medical malpractice claims.
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May 22, 2024
3M Says Insurers Are Dodging Coverage Of $6B Earplug Deal
3M and its subsidiary Aearo Technologies have reported difficulties getting their insurers to pay out more than $1.5 billion in coverage after the companies reached a $6 billion deal to settle multidistrict litigation alleging their combat earplugs failed to protect the hearing of service members and veterans.
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May 22, 2024
$600M Norfolk Southern Derailment Deal Gets Early Court OK
Consolidated class litigation over last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a court hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.
Expert Analysis
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Opinion
Why Justices Should Protect Public From Bump Stocks
In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.
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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.