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Personal Injury & Medical Malpractice
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June 20, 2024
Ohio Landlord Settles DOJ's Sexual Harassment Suit
A Youngstown, Ohio, landlord and a property management company settled a sexual harassment suit filed by the U.S. Department of Justice, which had claimed the landlord repeatedly sexually harassed his female tenants while working for the management company.
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June 20, 2024
11th Circ. Upholds $2.5M Pelvic Mesh Verdict, Rules Suit Timely
The Eleventh Circuit on Thursday refused to throw out a woman's $2.5 million victory against Coloplast Corp. in a suit alleging she was implanted with defective pelvic mesh, saying the evidence does not support a conclusion that her claim was filed too late.
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June 20, 2024
Catholic Diocese Can't Duck Sex Abuse Suit, NC Justices Told
A Catholic diocese and a missionary organization can't escape child sex abuse claims by asserting a distinction between the perpetrators and enablers of such abuse under state law, a man suing over abuse he allegedly experienced as a teen has told North Carolina's top court.
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June 20, 2024
Ga. Jury Awards $2.35M To Victim Of Sig Sauer Misfire
A Georgia federal jury awarded over $2.35 million Thursday to a man who was shot when his Sig Sauer handgun accidentally fired in its holster, finding the company was negligent when it failed to put a trigger-mounted safety on its popular P320 pistol.
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June 20, 2024
Athletes Want Advocates Kept Out Of NCAA Trans Policy Fight
A group of female college athletes sought to keep the National Women's Law Center out of its transgender policy dispute with the NCAA, slamming the advocacy organization in Georgia federal court on Wednesday for its attack on the plaintiffs' "legitimate views on biology."
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June 20, 2024
Insurer Hit With Coverage Suit Over Ohio Grocery Shooting
Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.
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June 20, 2024
Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul
A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.
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June 20, 2024
Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case
The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.
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June 20, 2024
Prosecutors Deny Spoiling Evidence In OneTaste Case
Brooklyn federal prosecutors have denied allegations of misconduct in the forced labor conspiracy case against two executives of sexual wellness company OneTaste, who claim an FBI agent instructed a potential key witness to delete emails.
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June 20, 2024
NC Law Firm Fights Ex-Client's Bid To Ditch Malpractice Deal
A personal injury law firm and one of its former attorneys urged a North Carolina state appeals court to enforce their settlement with a prior client in a legal malpractice suit, as the client asserts that he was sick during mediation and didn't know what he was doing when he signed the agreement.
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June 20, 2024
Ill. Panel Says Insurer Off Hook For 23 Carbon Monoxide Suits
An insurer doesn't need to defend a design firm against 23 allegations that its negligent work led numerous children and others to suffer injuries from carbon monoxide exposure, an Illinois appeals court panel found, affirming a lower court's ruling.
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June 20, 2024
Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says
Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.
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June 20, 2024
Ga. Panel Says $3M Damages Should Be Cut In Crash Case
The Georgia Court of Appeals reversed and vacated a trial court's $3 million compensatory damages award in a case in which a Southern Oil Refinery LLC truck driver rear-ended another vehicle, killing three people.
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June 18, 2024
Company, States Battle In Court Over At-Home Rape Kits
A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.
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June 18, 2024
Cuomo's Ex-Aide Details Sex Harassment Claims In New Suit
Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.
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June 18, 2024
Man 'Got Exactly What He Wanted' In Sig Sauer, Ga. Jury Told
As a weeklong federal trial wrapped up Tuesday, counsel for American gun-maker Sig Sauer told a Georgia jury that a man who claims faulty design of one of the company's pistols caused his gun to accidentally shoot him offered no credible explanation of how and why the pistol went off.
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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
Group Home's Atty In Europe On Day Of Depos, Court Told
The Connecticut Institute for the Blind should be sanctioned because its attorney went to Europe and three witnesses, including the CEO, failed to appear for depositions after a $13.4 million verdict arising from the death of a group home resident, the man's family told a state court judge Tuesday.
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June 18, 2024
Chastened Boeing CEO Vows Fixes In Harsh Senate Hearing
Boeing's chief steadfastly defended the company's commitment to safety, even as he acknowledged a breakdown in how certain managers responded to whistleblowers who had flagged past questionable design or manufacturing practices, as he endured a grueling public hearing before a Senate panel Tuesday.
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June 18, 2024
Insurer Countersues In Penile Implant Coverage Dispute
An insurer has no duty to defend or indemnify a urologist, his medical device company or his practice in a proposed class action over a penile enlargement implant and procedure, the company told a California federal court, saying the underlying suit doesn't seek bodily injury damages that would trigger coverage.
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June 18, 2024
Sandy Hook Families Urge Judge To Reject Alex Jones Appeal
The parents of children murdered in the Sandy Hook Elementary School shooting told a Houston federal judge on Tuesday the fact they were citing the same precedents as conspiracy theorist Alex Jones is evidence the judge should reject the radio host's bid to challenge a court order preventing him from using his bankruptcy proceedings to avoid paying damages to them.
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June 18, 2024
COVID Test Maker Can't Shake All Of $30M Faulty Kit Suit
A New Jersey federal judge won't let California-based laboratory equipment maker Atila Biosystems Inc. out of a suit alleging it sold faulty COVID-19 testing kits, saying Fusion Diagnostic Laboratories LLC has adequately pled a breach of contract claim.
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June 18, 2024
Atty Ends Defamation Suit Over False Background Check
Connecticut attorney Dori B. Hightower and an acquaintance who allegedly disseminated a false background check report about the attorney have settled a defamation lawsuit in state court, according to a judicial notice filed on the case docket.
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June 18, 2024
Ford Says Sanctions Violated Due Process In $1.7B Case
Attorneys for Ford Motor Co. urged the Georgia Court of Appeals on Tuesday either to order a new trial or substantially reduce a record-setting $1.7 billion punitive damages verdict returned against the automaker in litigation over a fatal rollover, arguing the award resulted from "death penalty sanctions" that essentially directed a verdict against it.
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June 18, 2024
J&J Fights Law Firm's Bid To Nix Subpoenas In Talc Brawl
Information about the Beasley Allen Law Firm's litigation funding and settlement communications is relevant and necessary to resolving long-running multidistrict litigation over Johnson & Johnson's talcum powder products and so should be turned over, the pharmaceutical giant has told a New Jersey federal court.
Expert Analysis
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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.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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How 2023 Shaped Drug And Medical Device Legal Trends
2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.