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Personal Injury & Medical Malpractice
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August 22, 2024
Takata Airbag Victim's Family Sues Dealer, Victims' Trust Fund
The family of a woman killed by an exploding airbag made by the now-defunct Takata Corp. is suing the Honda dealership that sold the car and a trust fund formed to compensate people injured or killed by the defective airbags.
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August 22, 2024
Philly Hospital Fights $45M Verdict For Teen Gunshot Patient
Temple University Hospital Inc. wants to undo a $45 million jury verdict, arguing in a posttrial brief that the jury made contradictory findings — that the hospital was responsible for a plaintiff's injuries, and that he'd been eating pieces of chicken against medical advice.
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August 22, 2024
HVAC Co. Can't Upend $3.4M Verdict In Tire Crash Suit
A New Jersey appeals court on Thursday upheld a $3.4 million verdict for a driver who was injured when a tire came loose from an HVAC company's truck and struck his car, saying the trial court wasn't wrong to instruct the jury that the company had the burden of showing the driver's injuries stemmed from another, later accident.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
Calif. Atty Can't Beat Sanctions In Geragos Malpractice Suit
A California state appeals court on Wednesday affirmed $23,000 in sanctions for discovery violations on the part of a lawyer representing clients in a malpractice case against Hollywood litigator Mark Geragos.
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August 22, 2024
Missouri Gov. Clashes With Secretary Of State Over Hemp Ban
Missouri Gov. Mike Parson on Thursday blasted the state's secretary of state for declining to implement an emergency rulemaking that would have banned psychoactive consumable cannabis products manufactured outside the state's regulated adult-use marijuana market.
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August 22, 2024
Ga. Mineral Co., Insurer Strike Deal In Talc Coverage Suit
Phoenix Insurance Co. reached a contingent settlement with a Georgia-based mineral products company in litigation seeking to force the insurer to defend the company against an underlying suit claiming it supplied asbestos-containing talc products.
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August 22, 2024
Morgan & Morgan Wants Malpractice Claims In Arbitration
Morgan & Morgan PA's Jacksonville, Florida, office is pushing back against a former client's claim that the arbitration agreement between them was "unconscionable," saying he failed to produce any evidence proving as much.
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August 22, 2024
Tom Girardi Takes The Stand In His Criminal Fraud Trial
Disbarred attorney Tom Girardi took the stand Thursday in his California federal fraud trial and denied stealing from any of his clients, while also showing a strong grasp of past events and people but claiming to have no memory of the trial's witnesses and key moments, or to even know his own lawyer's name.
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August 22, 2024
Pa. Air Force Vet Can't Challenge Court's Medical Pot Rules
A Pennsylvania appeals court won't let an Air Force veteran challenge the medical cannabis rules for treatment court programs in Berks County, saying he lacks standing because his use of medical cannabis was not the reason he was denied entry into the programs.
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August 21, 2024
Girardi Faked Dementia Symptoms, Neurologist Testifies
A neurologist with Vanderbilt University testified Wednesday in Tom Girardi's criminal fraud trial in California federal court that the disbarred attorney was likely exaggerating his cognitive problems in late 2020 just as his law firm imploded into bankruptcy and his legal problems mounted because he believed it would be "beneficial."
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August 21, 2024
Lion Air Families Want Full 7th Circ. To Hear Boeing Case
The last two estates pursuing claims over 2018's Lion Air crash argued Wednesday that the full Seventh Circuit should rehear their bid for jury trial damages relating to injuries the victims experienced over land because their initial panel applied the governing law in a way that was never intended.
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August 21, 2024
Ga. Justices Look Ready To Kill $20M Garnished Judgment
The Supreme Court of Georgia appeared inclined Wednesday to toss a $20 million default judgment that a state court judge slapped on a financial advisory after the firm failed to respond to a summons in an underlying case it claims it had zero stake in.
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August 21, 2024
Tobacco Cos. Ask Justices To Review FDA's New Warnings
R.J. Reynolds Tobacco Co. is urging the U.S. Supreme Court to review a Fifth Circuit decision affirming an FDA rule mandating new health warnings on cigarette packaging and advertisements, arguing that the court created an unjustified circuit split when it found the graphic warnings are "purely factual and uncontroversial."
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August 21, 2024
Maryland Water Park Settles Liability Claim Over Injury
A Maryland water park-goer who was permanently injured after an inflatable tube buckled on a ride and slammed her feet against the bottom of the pool has settled her suit seeking to hold the facility liable for her injuries.
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August 21, 2024
No Coverage For CVS In Additional Opioid Actions
A Delaware state court ruled that CVS cannot get coverage for over 200 opioid-related actions that remained at issue after the pharmacy chain and its insurers agreed that thousands of other opioid suits aren't covered, finding the remaining suits asserted claims for economic harm, not bodily injury or property damage.
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August 21, 2024
Mich. High Court Asked To Redo Wrongful Death Ruling
The family of a deceased teen asked the Michigan Supreme Court on Tuesday for another chance to show that future earnings awards should be allowed in wrongful death cases, arguing the court's recent ruling restricting those awards ignored important state law.
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August 21, 2024
Alaska Air Seeks Clarification In Rogue Pilot Case
Alaska Airlines has urged a Washington state judge to clear up his decision to partially dismiss a lawsuit alleging an off-duty crew member tried to crash a flight in October, saying the ruling doesn't clearly state the passengers suing the company can no longer pursue claims rooted in federal aviation safety regulations.
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August 21, 2024
Ex-Patriots Football Player Can't Sue Over Alumni Group Boot
A Massachusetts appellate court panel declined on Wednesday to undo a lower court's decision to toss a lawsuit from an elderly former New England Patriots player who claims he was wrongly ejected from the alumni club.
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August 21, 2024
9th Circ. Lets Atty Fight Against $8M Malicious Prosecution
A Nevada attorney may take to the federal court to challenge an Arizona state court's civil judgment finding him liable for malicious prosecution, the Ninth Circuit determined Wednesday, finding the federal district court was wrong to toss his claims on the grounds they were barred by jurisdictional precedent established in the Rooker-Feldman doctrine.
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August 21, 2024
500,000 Camp Lejeune Cases Filed With The Navy
The federal government and Camp Lejeune litigants have told the North Carolina federal court overseeing claims over contaminated drinking water at the Marine base that there have been nearly 550,000 administrative claims filed with the U.S. Navy.
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August 21, 2024
Spine Implant Caused Patient's TB, Suit Says
A North Carolina couple on Tuesday hit biologic technology company Elutia Inc. with a complaint in federal court alleging that the husband contracted tuberculosis from a bone cell product that was implanted into his spine during surgery.
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August 21, 2024
Cannabinoid Co. Sacked Exec For Flagging Fraud, Suit Says
Psychedelics and cannabinoid company Benuvia Operations has been hit with a wrongful termination lawsuit in Colorado state court filed by a woman who claims management retaliated against her after flagging millions of dollars in misappropriated funds.
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August 21, 2024
Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid
A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.
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August 21, 2024
Daughter Keeps $9.2M Win In Father's Med Mal Death Suit
A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.
Expert Analysis
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.