Personal Injury & Medical Malpractice

  • June 05, 2024

    Mich. Justices Say Train Co. Must Face Jury In Collision Case

    Michigan's top court said Grand Trunk Western Railroad Co. may be liable for a train's collision with a teenager who was walking on the tracks wearing headphones, finding a reasonable jury could conclude the conductors did not do enough to avoid hitting the boy.

  • June 05, 2024

    Medical Clinic Must Face Patients' Record-Snooping Suit

    An Indiana appeals court on Wednesday reinstated claims against a medical clinic that employed a physician who improperly accessed the medical records of female patients for personal reasons, saying whether the doctor was acting within the scope of his employment is an issue still up for debate.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Brown Rudnick Partner's 50% Fee Hike Nixed In Ch. 11 Case

    A Brown Rudnick LLP bankruptcy partner Wednesday had his 50% fee increase rejected by a Delaware judge, who took issue with the proposed hike to $1,500 an hour for representing the creditors' committee in Kidde-Fenwal Inc.'s Chapter 11 case.

  • June 05, 2024

    Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft

    A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.

  • June 05, 2024

    Samsung Escapes Illinois Suit Over Exploding Vape Battery

    An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.

  • June 05, 2024

    French Bulldog Breeder Says Partner Conned Her Out Of $95K

    A woman has told a federal court that a Houston-area French bulldog breeder inflated the price of four dogs by $95,000 and has refused to pay her her share of breeding fees stemming from their 2022 partnership.

  • June 05, 2024

    Camp Lejeune Plaintiffs Must Specify Water Caused Illnesses

    The North Carolina federal court overseeing the Camp Lejeune contaminated-water litigation said Wednesday that former residents of the Marine base need to show that their illnesses were caused specifically and generally by exposure to the tainted water.

  • June 05, 2024

    $900K Injury Verdict Sparks Fee Squabble In Connecticut

    Connecticut law firm Ventura and Ribeiro LLP is taking Perkins and Associates PC to state court over the legal fees from a $900,000 personal injury case settlement that both firms worked on, claiming that Perkins is trying to take too much of the pie.

  • June 05, 2024

    An Ex-BigLaw Atty Shot His Wife. Who Gets Her Settlement?

    The administrator of the estate of Diane McIver, who was fatally shot by her husband, former Fisher Phillips partner Claud "Tex" McIver, while driving through Atlanta in 2016, has asked a Georgia state court to decide who is entitled to settlement funds from a wrongful death case brought by the estate.

  • June 05, 2024

    Black Jurors Wrongly Excluded From Fla. Trial, 11th Circ. Told

    A Florida attorney on Wednesday urged an Eleventh Circuit panel to revive his federal complaint against the city of Orlando, saying the wrong statute of limitations standard was used to dismiss a lawsuit alleging his civil rights were violated when opposing lawyers had Black jurors removed from his personal injury trial against the city.

  • June 05, 2024

    US Tennis Wants Retrial After $9M Verdict In Sex Assault Suit

    The U.S. Tennis Association is pushing to undo a $9 million verdict over its failure to shield player Kylie McKenzie from her coach's sexual abuse, telling a Florida federal judge that the jury's decision is "against the weight of the evidence."

  • June 05, 2024

    Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed

    A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.

  • June 04, 2024

    Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici

    Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.

  • June 04, 2024

    Monsanto Tries To Flip $1B PCB Losses As Plaintiffs Press On

    Monsanto is moving to capitalize on a Washington state appellate victory it claims casts doubt on more than $1.1 billion in PCB poisoning verdicts, while plaintiffs are staking out positions to defend — and even build on — their blockbuster wins.

  • June 04, 2024

    Insulin Pens Exposed Patients To Disease, Hospital Says

    A Connecticut-based hospital says medical device manufacturer Novo Nordisk should be on the hook for a $1 million settlement the hospital paid to end claims that patients were exposed to blood-borne infections because of the medical staff's use of Novo Nordisk's product.

  • June 04, 2024

    Monsanto Gets $2.25B Roundup Verdict Slashed To $404M

    A Pennsylvania judge on Tuesday slashed a $2.25 billion verdict awarded to a cancer patient who claimed Monsanto's glyphosate-based weedkiller Roundup contributed to his lymphoma, reducing the jury's 10-figure damages award to $404 million after the Bayer AG subsidiary argued that the initial award was "unconstitutionally excessive."

  • June 04, 2024

    Diddy Sells Stake In Revolt As Employees Assume Ownership

    Rap and media mogul Sean "Diddy" Combs has sold his majority stake in Revolt, the media and entertainment company he founded, shifting ownership of the business to its employees as his legal troubles continue to mount, according to a Tuesday announcement.

  • June 04, 2024

    Suit Says Songwriter The-Dream Sexually Assaulted Woman

    The-Dream, a musician who has written songs for artists including Rihanna and Beyoncé, is facing a lawsuit in California federal court from a woman claiming that he raped her after he said he'd help launch her musical career.

  • June 04, 2024

    'Ghost Gun' Makers Ask 2nd Circ. To Weigh In On NY AG Case

    A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered "firearms" and if they are entitled to immunity under federal firearms law.

  • June 04, 2024

    Ga. Doc, Cos. Not Responsible For Credentialing, Panel Says

    The Georgia Court of Appeals on Tuesday affirmed the dismissal of claims against an anesthesiologist and two anesthesiology staffing companies accused of negligently credentialing a certified registered nurse anesthetist who allegedly caused a patient's death during a back pain alleviation procedure.

  • June 04, 2024

    Zantac Suits Belong In Conn. State Court, Cancer Patients Say

    Lawsuits claiming Zantac and its generic equivalents caused cancer belong in Connecticut state court, two groups of Constitution State cancer patients and their estates say, arguing against several drugmakers' assertions that they can't be sued in the state on innovator and warning label liability claims.

  • June 04, 2024

    Chancery Pauses Meta Suit While Calif., Texas Cases Continue

    Delaware's Chancery Court on Tuesday paused a derivative suit seeking potentially massive damages from Meta Platforms Inc.'s leaders for failing to eliminate pedophilia, human trafficking and child exploitation content from its social media sites, pending resolution of direct damages suits in Texas and California.

  • June 04, 2024

    Pharma Cos. Tell Justices Feds Support Remanding Terror Suit

    Pharmaceutical companies urged the U.S. Supreme Court on Tuesday to heed the federal government's suggestion to throw out a D.C. Circuit ruling holding them potentially liable for allegedly financing terror attacks against U.S. servicemembers through contracts with the Iraqi government.

  • June 04, 2024

    J&J Owes $260M To Ore. Talc Mesothelioma Patient, Jury Says

    An Oregon state jury has ruled that Johnson & Johnson owes $260 million to a woman who said she developed mesothelioma from breathing in asbestos during daily talcum powder use.

Expert Analysis

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    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.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    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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