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Personal Injury & Medical Malpractice
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July 31, 2024
DOD Says 9/11 'Mastermind,' 2 Accomplices Reach Plea Deals
The man accused of planning the attacks of Sept. 11, 2001, and two of his accused accomplices have reached plea agreements in their military commission cases, the U.S. Department of Defense announced Wednesday.
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July 31, 2024
Split 9th Circ. Won't Use New Law To Revive Trafficking Suit
A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.
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July 31, 2024
Portland Clinic Let Colonoscopy Patient Die, Jury Hears
A Portland Clinic doctor and staff did almost nothing to help an anesthetized colonoscopy patient while he went without oxygen for 22 minutes, jurors heard during opening arguments in an Oregon medical malpractice trial Wednesday.
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July 31, 2024
11th Circ. Affirms Trim Of Ex-Ala. Judge's Defamation Suit
The Eleventh Circuit held Wednesday that an Alabama federal court was correct to toss some of the claims in a defamation suit from Roy Moore, the embattled former Alabama Supreme Court leader, ruling that the court lacked jurisdiction over some claims and others were conclusory.
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July 31, 2024
2nd Circ. Paves Way For Conn. Zantac Bellwether, Attys Say
A recent decision by the Second Circuit that upheld the remand to state court of product liability lawsuits alleging that generic versions of Zantac may have caused cancer has paved the way for more than 850 additional plaintiffs to move forward in state court, according to a recent filing.
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July 31, 2024
Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say
Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.
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July 31, 2024
Federal Judge Overturns NJ Ban On AR-15 Assault Rifles
A New Jersey federal judge has overturned the Garden State's 30-year-old ban on AR-15 assault rifles, finding that even though it is "hard to accept the U.S. Supreme Court's pronouncements that certain firearm policy choices are 'off the table,'" the court is bound to follow the high court's decisions.
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July 31, 2024
9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid
A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.
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July 31, 2024
Gov't Fights Doctor's Bid For New Trial In NBA Fraud Case
Federal prosecutors are urging a New York district judge to reject a request for a retrial from a Seattle doctor found guilty for his role in a vast NBA fraudulent healthcare scheme, arguing that it properly admitted its evidence at trial, and it was more than enough to support the guilty verdict.
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
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July 31, 2024
Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies
The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.
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July 31, 2024
NJ Clinic Immune From Personal Injury Claims, Panel Rules
A New Jersey appellate panel has backed the dismissal of a patient's lawsuit alleging that she was seriously injured by a slip and fall at a Garden State health clinic, ruling that the clinic is immune from the suit because it is a nonprofit organized to provide charitable health education services.
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July 31, 2024
$7.5M Verdict Over Burger King Fall Axed And Retrial Ordered
A Florida appeals court on Wednesday wiped out a $7.5 million verdict in favor of a man who slipped and fell in a Burger King bathroom, saying a new trial is warranted to correct the trial court's mistake of letting his expert change his opinion midtrial.
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July 31, 2024
NC Defense Attys Say Virus Law Case Can 'Unsettle' Immunity
A North Carolina defense attorney group asked to jump into a medical malpractice suit in the state's high court Wednesday, offering what it described as a warning that if a decision stands on a COVID-19 law, immunity from lawsuits will be "unsettled."
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July 31, 2024
4 Mass. Rulings You May Have Missed In July
Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.
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July 31, 2024
Ex-Chicago Alderman Should Serve Full Supervision, Feds Say
A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
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July 31, 2024
Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ
A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.
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July 31, 2024
Guatemalan Worker Says Paint Co. Fired Him For Injury
A Guatemalan worker in the U.S. on a work visa is suing a Connecticut painting company in state court, saying it violated employment laws by failing to pay him his promised salary and firing him after a workplace injury prevented him from being able to do his job.
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July 30, 2024
Judge Asks Dish If Circuits Truly Split On Data Breach Claims
A Colorado federal judge on Tuesday pressed Dish Network Corp. and a group of current and former Dish employees who are suing the company in a putative class action about a ransomware attack last year to address whether there is a split among federal circuits on what allegations are needed to support claims in data breach cases.
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July 30, 2024
Fla. Insurance Co. Accused Of Causing Black Mold Death
A Florida insurance company was accused of wrongfully causing the death of a woman who died from black mold contamination in a state complaint brought by her sole descendant, who alleges the insurer didn't send a promised team to remediate the woman's home after it was damaged by Hurricane Ian.
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July 30, 2024
Amazon Must Recall Unsafe Third-Party Products, CPSC Says
Amazon bears legal responsibility for recalling the hundreds of thousands of products sold by third-party sellers on its site that are defective or fail to meet safety standards, the U.S. Consumer Product Safety Commission found in an order issued Monday.
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July 30, 2024
Split 9th Circ. Denies Removal Relief To Cartel Member's Son
A split Ninth Circuit on Tuesday refused to revive a longtime green card holder's bid for deportation relief, saying evidence that his cartel-member father abused him in the U.S. had no bearing on whether he would be harmed again in Mexico.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.