Personal Injury & Medical Malpractice

  • June 25, 2024

    Texas Man Says Injury Claim Against Shell Can't Be Arbitrated

    A Texas man whose foot had to be amputated following an accident on a Nigerian offshore drilling rig is fighting a Shell subsidiary's bid to send the personal injury dispute to arbitration in the Netherlands, saying the company has been actively litigating the case for years.

  • June 25, 2024

    6th Circ. Revives Part Of Barge Worker's Lung Injury Suit

    The Sixth Circuit has revived a maintenance and cure claim brought by a former crew member on one of Marathon Petroleum Co. LP's barges, saying there's enough evidence to create a question of whether his lung deterioration manifested during his service on the vessel.

  • June 25, 2024

    Ga. Mom Calls Insurer's Escape Bid From Rape Suit 'Illusory'

    The mother of a minor who was allegedly kidnapped and raped after a shooting at an Atlanta-area skating rink said Monday that a bid by the rink's insurance company to escape liability cannot stand.

  • June 25, 2024

    Man Convicted Of Crypto-Motivated Break-Ins, Kidnappings

    A Florida man was convicted Tuesday in North Carolina federal court of leading a robbery crew that broke into people's homes, kidnapped them and stole Bitcoin and other cryptocurrency.

  • June 25, 2024

    Katt Williams Must Face Atlanta Assault Claims, Judge Says

    Katt Williams won't be able to escape a lawsuit brought by four women who say they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, after a Georgia federal judge allowed most of their case to go forward Tuesday.

  • June 25, 2024

    Law Firm Boss Admitted Breaking Ethics Rule, Regulator Says

    Connecticut attorney discipline authorities told a state court Monday that the managing partner of a Hartford-based personal injury and employment law firm cannot walk back an admission to a rule violation, reaffirming earlier calls to suspend Emanuele R. Cicchiello for threatening a criminal probe and downloading a departing junior attorney's personal emails.

  • June 25, 2024

    Schouest Bamdas Opens Dallas Office With 6-Partner Hire

    Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.

  • June 25, 2024

    USA Swimming's Suit Against Watchdog Can Continue

    A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.  

  • June 25, 2024

    Atlanta City Council To Consider $2M Settlement In Taser Case

    Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.

  • June 24, 2024

    Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court

    A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.

  • June 24, 2024

    PacifiCorp To Pay Another $150M To Resolve Wildfire Claims

    PacifiCorp will shell out another $150 million to roughly 380 plaintiffs resolving "substantially all individual claims" stemming from the 2020 Slater wildfire in California, the company announced Monday, adding to the hundreds of millions of dollars the utility has already paid over wildfire-related claims.

  • June 24, 2024

    5th Circ. Won't Revive Texas' Homemade Gun-Silencer Fight

    The Fifth Circuit refused Friday to revive a challenge by Texas residents and attorney general against federal laws regulating the manufacturing of firearm silencers, finding the residents lack standing, since vague intentions to make silencers aren't enough to establish injury, and the state can't voluntarily litigate its residents' personal claims.

  • June 24, 2024

    Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death

    Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.

  • June 24, 2024

    Baldwin Awaits Ruling On Bid To Toss 'Rust' Shooting Case

    A New Mexico state judge is set to rule this week on Alec Baldwin's argument that his indictment on involuntary manslaughter charges over the "Rust" film shooting should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.

  • June 24, 2024

    Boeing Says Turbulent Securities Suit Should Be Dismissed

    Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.

  • June 24, 2024

    Justices Undo Terror Victims' Win, Citing Twitter Decision

    The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.

  • June 24, 2024

    8th Circ. Sides With Minn. DOT In Injured Worker's ADA Suit

    The Eighth Circuit on Monday backed the Minnesota Department of Transportation in a suit by a former mechanic who alleged the agency discriminated against him after an on-the-job injury, finding MNDOT reasonably showed that he could not do the work of his prior position.

  • June 24, 2024

    Harvard Fertility Doctor Settles Secret-Impregnation Claim

    A fertility doctor and longtime Harvard Medical School professor has settled claims that he secretly used his own sperm to impregnate a patient in 1980, according to a Monday court filing.

  • June 24, 2024

    9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver

    The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.

  • June 24, 2024

    Red Roof Ignored Years Of Trafficking, Victim Tells Ga. Jurors

    The corporate owners of two metro Atlanta Red Roof Inn locations knew about and ignored trafficking at the hotels, a woman who said she had been trafficked at the two hotels and others in the surrounding area for six years told Georgia federal jurors Monday.

  • June 24, 2024

    Suit Over Medical Screws Filed Too Late, Texas Panel Finds

    A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.

  • June 24, 2024

    Seyfarth Atty Dropped From Yeshiva U. Rape Cover-Up Suit

    A female Yeshiva University student who claims she was raped by a player on the men's basketball team, then sued the school claiming it conspired on a cover-up with Seyfarth Shaw LLP, has voluntarily dismissed two Yeshiva officials and a Seyfarth attorney from the lawsuit.

  • June 24, 2024

    No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms

    The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.

  • June 24, 2024

    US DOT Final Rule Ups Freight Rail Hazmat Disclosures

    Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.

  • June 24, 2024

    $12.8M Deal Ending Some Chiquita MDL Claims Gets Approval

    A Florida federal judge said Monday he would sign off on a proposed $12.8 million settlement between Chiquita Brands International Inc. and some of the victims suing the banana company over its funding of Colombian paramilitary groups.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

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