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Personal Injury & Medical Malpractice
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September 04, 2024
Albertsons Denied Texas Court Remand In Opioid MDL
An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.
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September 04, 2024
Pa. County Wants Out Of Child Abuse, Death Lawsuit
A northeastern Pennsylvania county wants out of a lawsuit over schools and local child-welfare agencies accused of allowing a 12-year-old girl to be abused to death by her father and stepmother, arguing that the case didn't fall under any of the exceptions to state agencies' sovereign immunity.
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September 04, 2024
Ill. Panel Backs Atty's Bid To Litigate Medical Record Fee Suit
An Illinois attorney looking to hold document delivery service Ciox Health LLC liable for charging allegedly illegal fees can pursue those claims in court since there is no evidence he ever agreed to arbitrate disputes with the company, a state appellate panel said Tuesday.
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September 04, 2024
10th Circ. Partially Nixes Insurer Win In Liposuction Death Suit
The Tenth Circuit on Wednesday revived a health provider's bad faith claim against its insurer over coverage for a $60 million judgment stemming from a woman's fatal liposuction surgery, finding the claim fell within a four-year period of limitations for insurance bad faith claims.
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September 04, 2024
2nd Circ. Tosses Sudan's Appeal Over 9/11 Immunity Denial
The Second Circuit has tossed the Republic of the Sudan's challenge to a ruling that the country wasn't immune to liability for allegedly supporting al-Qaida in the lead-up to the 9/11 terrorist attacks, saying the appeal was barred by law.
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September 04, 2024
Marathon Faces Wrongful Death Suit Over Refinery Explosion
The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.
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September 04, 2024
Warner Music, Atlantic Beat Suit Over Alleged Abuse In 1980s
A New York state judge released Warner Music Group and Atlantic Records from a suit claiming their negligence allowed Atlantic's then-CEO to sexually assault the plaintiff in the 1980s and that they violated their duty of care by failing to fire him, finding the entities didn't exist at the time.
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September 04, 2024
Colgate-Palmolive Reaches Deal In 401(k) Cyber Theft Suit
A New York federal court on Wednesday dismissed a retired Colgate-Palmolive marketing executive's suit alleging her employer and a benefits administrator breached federal benefits law by allowing a thief to drain more than $750,000 from her account online, after parties reached a tentative settlement.
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September 04, 2024
Groups Urge DC Circ. To Reject Pharma Terrorism Liability Claims
Business and nongovernmental organization advocacy groups have urged the D.C. Circuit to rule that terrorism victims can't hold pharmaceutical companies liable for their injuries, citing a U.S. Supreme Court decision rejecting similar liability claims against technology companies.
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September 04, 2024
Zoetis Sanctions Bid Denied In Racehorse Death Suit
A Pennsylvania federal judge denied Wednesday a motion by drugmaker Zoetis Inc. for sanctions against the owners of a 3-year-old racehorse who say it died after being treated with one of the company's antibiotics, saying there's no indication that delays in responding to discovery were in bad faith, and by now the company has received all the relevant documents in the plaintiffs' possession.
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September 04, 2024
Tort Report: 'Landmark' $16M Crash Verdict Against Amazon
A "landmark" verdict out of Georgia that put Amazon on the hook for an independent contractor delivery driver's negligence and a hearing-impaired Florida physician's disciplinary matter lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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September 04, 2024
Chamber Backs Gilead's Immunity In COVID Appeal
The U.S. Chamber of Commerce and a trade association representing drug companies have urged a Michigan state appeals court to rule that Gilead Sciences is immune from a claim that a recalled batch of COVID-19 medication caused a man to suffer two strokes.
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September 04, 2024
3M Earplug Plaintiffs Want Child Support Subpoena Blocked
The plaintiffs' leadership group representing service members and others in multidistrict litigation against 3M Co. over injuries stemming from its Combat Arms Earplugs asked a Florida federal court Wednesday to block the state of Washington Division of Child Support from interfering in the $6 billion settlement reached earlier this year.
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September 04, 2024
NFL Kicker Gets Sexual Assault Suit Tossed, For Now
A suit accusing former NFL kicker Brandon McManus of sexually assaulting two flight attendants on a team charter flight last year has been dismissed by a Florida state judge, with leave for the women to refile under their real names, which their attorney plans to do soon.
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September 04, 2024
Conn. Man Charged With Threatening To Assassinate Judge
A Connecticut man has been charged with threatening to assassinate a judge during a call to the state judicial branch requesting body and vehicle camera recordings of his recent arrest in a separate matter, the Connecticut State Police said on Wednesday.
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September 04, 2024
Ex-NFLers Seek Class Cert. To Challenge 'Sham' Benefits
Former NFL players suing the league's disability plan for denying them benefits have asked a Maryland federal judge to certify a vast class of aggrieved ex-pros, excoriating the "sham claims process" that left them out in the cold.
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September 04, 2024
2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.
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September 04, 2024
'Rust' Armorer Takes Plea Deal In Separate Gun Case
The armorer for the Western film "Rust" who was convicted of involuntary manslaughter in the shooting death of the film's cinematographer has agreed to plead guilty in a separate case to a felony charge alleging she sneaked a gun into a bar in New Mexico, a state courts representative announced Wednesday.
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September 04, 2024
AIG Avoids Defending Retailer Against Ghost Gun Lawsuits
Two AIG units have no duty to defend a Texas-based firearms retailer against three lawsuits alleging that it knowingly sold unfinished firearm components that would later be assembled into untraceable "ghost guns," a New York federal court ruled, finding the underlying claims do not allege a covered occurrence.
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September 04, 2024
Wash. Contractors Must Face Suit Over Off-Site Death
A Washington appeals panel has revived a wrongful death suit alleging a contractor and subcontractor are responsible for the death of a worker in a forklift accident, saying they may have had a duty to the worker even though the accident didn't happen on the worksite itself.
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September 04, 2024
Ga. Justices Affirm Rejection Of Class In Patient Privacy Suit
The Georgia Supreme Court said Wednesday that a Fulton County trial court acted within its discretion when it denied class certification for a suit over a release of patient records from a private mental health hospital, overturning a Georgia Court of Appeals ruling.
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September 03, 2024
DOJ Charges Senior Hamas Leaders Over Oct. 7 Attacks
The U.S. Department of Justice on Tuesday announced criminal charges against six senior Hamas leaders the agency said had "central roles" in planning, supporting and perpetrating the Oct. 7 Hamas attack in Israel.
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September 03, 2024
Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award
Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.
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September 03, 2024
Monsanto Keeps Trial Win In Missouri Roundup Cancer Suit
A Missouri appeals panel on Tuesday let Monsanto Co. keep a trial court win in a suit by a man alleging he contracted non-Hodgkin's Lymphoma through exposure to glyphosate in the company's Roundup weed killer, finding the trial court rightly excluded one of his experts from testifying.
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September 03, 2024
Texas Justices Will Review $116M Trucking Wreck Award
Trucking company Werner Enterprises Inc. will get a chance to upend a $116 million jury verdict that found it liable for a crash that killed a 7-year-old and paralyzed a 12-year-old, after the Texas Supreme Court said it would take up the company's appeal.
Expert Analysis
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.