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Personal Injury & Medical Malpractice
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July 17, 2024
Jerry Jones, Alleged Daughter Spar As Contract Trial Nears
With the start of trial in Jerry Jones' contract breach lawsuit approaching in Texas federal court, the woman claiming to be the Dallas Cowboys owner's daughter denied his accusations of perjury, destruction of evidence and failing to provide documents ordered by the court.
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July 17, 2024
Ohio Justices Enforce $30M Police Brutality Judgment
The Ohio Supreme Court on Wednesday ordered the city of East Cleveland to pay upwards of $30 million to satisfy a judgment in favor of a man who won a jury verdict finding that police officers wrongfully detained him and caused serious injuries in the process.
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July 17, 2024
Puerto Rican Media Denied Injunction, Again, In Soccer Spat
A Puerto Rican judge has prevented a media company from having unfettered access to local soccer matches as it battles local and international soccer organizations over antitrust allegations, ruling the requested preliminary injunction has nothing to do with the underlying case.
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July 17, 2024
NY Inn Settles Coverage For Law Grad Shower Film Extortion
The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.
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July 17, 2024
Death Threats Not Enough For 2nd Circ. To OK Asylum
The Second Circuit on Wednesday rejected an asylum application from a Nepali man who claimed to be fleeing political persecution from Maoist partisans, unconvinced that the threats against his life were serious enough.
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July 17, 2024
Judge Says Atty Shouldn't Be Deported For Crash Scheme
A Michigan federal judge on Wednesday urged federal officials not to deport a Canadian attorney sentenced for his involvement in an illegal crash victim solicitation scheme, saying that outside of the scheme, the attorney has a "hell of a lot" to offer the community.
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July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers
A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
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July 17, 2024
Families Push To Revive Suits Over Harvard Body Part Thefts
Plaintiffs in a dozen lawsuits seeking to hold Harvard University liable after a former medical school morgue manager was charged with stealing and selling body parts have told a Massachusetts Appeals Court that a lower court judge got it wrong when he found that the school has legal immunity.
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July 17, 2024
Monsanto Philly Roundup Victory Preserved After Trial
A Philadelphia state judge declined to overturn a jury verdict in favor of Monsanto in a Pennsylvania cancer patient's lawsuit alleging he developed his illness after using the weed killer Roundup.
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July 17, 2024
Chamber Of Commerce Urges Justices To Limit RICO's Reach
Business groups including the U.S. Chamber of Commerce are urging the U.S. Supreme Court not to extend the scope of the Racketeer Influenced and Corrupt Organizations Act to include personal injury-related claims in civil suits, in a case over alleged false advertisement of hemp-derived CBD products.
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July 17, 2024
ADA Can't Shield Worker From Failed Drug Test, Co. Says
A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.
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July 16, 2024
Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision
Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."
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July 16, 2024
Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter
Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.
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July 16, 2024
Complex Knew Of Rust Before CO Leak, Dallas Jury Hears
A worker told a Dallas jury via video Tuesday that he identified rust and corrosion on an apartment complex boiler's vent pipe a year before a carbon monoxide leak left two children with debilitating conditions, closing the second day of a trial over the property owner's culpability in the incident.
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July 16, 2024
Amtrak Slashes $159M Award Over Passenger Death To $44M
A Missouri federal judge on Tuesday reduced a $159 million verdict awarded to the family of a man shot while riding an Amtrak train to $44 million, saying while Amtrak's conduct showed an "indifference or reckless disregard of the safety of others," the punitive damages the jury awarded were excessive.
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July 16, 2024
I 'Suggest You Stop,' Judge Warns Atty In UMich Graffiti Case
A Michigan federal judge stopped an attorney in his tracks on Tuesday as he argued his former University of Michigan hockey-player client did something "stupid" by painting a homophobic slur in front of a campus Jewish center, with the judge saying it was clear the player did something "very wrong."
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July 16, 2024
Ga. Panel Limits Insurer Pool's Collections For Workers' Comp
The Georgia Court of Appeals on Tuesday limited the power of a state-sponsored insurance pool to recoup its expenses when filling in for an insolvent insurer, ruling that companies can't be forced to accept liability for an injured worker when they were placed into the position by a staffing agency.
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July 16, 2024
Carnival Can't Get Out Of Woman's Cruise Ship Fall Suit
A Florida federal judge won't dismiss a woman's claims against Carnival Corp. over injuries she suffered from a fall on one of the cruise line's ships that she blames on an "undetectable" slope on a walkway between decks.
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July 16, 2024
Judges Press Amazon On Its Duty To Guard Against Suicide
Washington appellate judges on Tuesday challenged Amazon's argument that the e-commerce giant should be free from liability for selling sodium nitrite that buyers used to kill themselves, with one judge asking what other use a "small bottle" of nearly pure poison would have.
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July 16, 2024
No Immunity For Philadelphia Transit In Bus-Stop Injury
The Philadelphia-area transit system can't escape a lawsuit accusing one of its bus drivers of refusing to lower a handicap accessible ramp, resulting in a passenger twisting her leg while exiting the vehicle, a state appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to sovereign immunity.
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July 16, 2024
Accuser Says WWE Paid Doctor To Give Her Mystery Drugs
Celebrity doctor Carlon Colker gave a former World Wrestling Entertainment Inc. staffer unmarked drugs that made her feel sick and later refused to provide complete and accurate records on her visits there, according to her Tuesday complaint in Connecticut state court seeking information to support her sexual abuse suit against WWE founder Vince McMahon.
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July 16, 2024
No 'Racial Animus,' Nuggets Claim In Bid To Toss Fan's Suit
The fan accusing the NBA's Denver Nuggets of racial profiling did not prove that a team employee showed any "racial animus" when he questioned the validity of his ticket at a game last December, the team said as it urged a Colorado federal judge to toss the case.
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July 16, 2024
Cannabis Patients And DOJ Offer Dueling Reads On Rahimi
A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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July 16, 2024
4th Circ. Rejects 'Untimely' Redo Request In Coverage Fight
The Fourth Circuit has flatly rejected a request to reconsider whether an insurer must cover the maker of a wood treatment product in a suit over a man's cancer diagnosis following decades of exposure to the chemical, calling the motion "untimely."
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July 16, 2024
Cohen Asks Justices To Hear Claim Trump Put Him In Prison
Donald Trump's former attorney-turned-critic Michael Cohen has asked the U.S. Supreme Court to take another look at his suit claiming the former president had him imprisoned in retaliation for his plans to portray Trump negatively in his book.
Expert Analysis
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.
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2nd Circ. Defamation Ruling May Chill NY Title IX Reports
The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.