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Personal Injury & Medical Malpractice
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August 27, 2024
'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
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August 27, 2024
Cherokee Nation's Opioid Suit Sent Back To State Court
An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.
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August 27, 2024
Boston Cop's Family Sues Girlfriend, Bars For Wrongful Death
The family of John "J.J." O'Keefe, the Boston police officer allegedly killed by his girlfriend Karen Read, filed a wrongful death suit against her and two local bars where the couple were seen before his death.
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August 27, 2024
Baby Sound Machine Co. Sued Over Shock Hazard Recall
A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.
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August 27, 2024
Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed
The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.
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August 27, 2024
Samsung Must Face Exploding Vape Battery Suit
Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.
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August 27, 2024
OSHA Hits Chicago Countertop Maker With $1M In Penalties
A Chicago-based countertop manufacturer was hit with nearly $1 million in potential fines for safety and health violations after federal regulators learned that a number of facility workers allegedly suffered major respiratory problems, including a father and son who both require lung transplants.
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August 27, 2024
Wash. Co. Says Titan Sub Death Suit Belongs In Fed. Court
A Washington state-based firm linked to the Titan submersible that imploded during an expedition to the wreck of the Titanic has argued that federal court is the proper venue for a wrongful death lawsuit launched by the family of a French explorer who was aboard the vessel.
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August 27, 2024
Sig Sauer Shouldn't Get Retrial, Says Winner Of $2M Verdict
Sig Sauer Inc. shouldn't get a new trial, said a man who won a $2.35 million jury verdict in his suit alleging that a defect in his P320 pistol caused him to accidentally shoot himself, telling a Georgia federal court Monday that the gunmaker comes nowhere close to showing any error.
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August 27, 2024
3rd Circ. Axes Kavanaugh Classmate's HuffPo Defamation Suit
A lower court was right to nix a defamation lawsuit by a former classmate of U.S. Supreme Court Justice Brett Kavanaugh against The Huffington Post because the suit is time-barred no matter which state's law governs it, the Third Circuit ruled Tuesday.
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August 27, 2024
Georgia Court Says Ride-Hailing Cos. Are 'Motor Carriers'
The Georgia Court of Appeals said a trial court erred when it held that the ride-hailing service Lyft is not considered a motor carrier under Peach State law, and that its insurer could not be directly named in a lawsuit a woman filed after a crash involving one of its drivers.
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August 27, 2024
Disbarred Atty Tom Girardi Convicted Of Defrauding Clients
A California federal jury on Tuesday convicted disbarred attorney Tom Girardi on all four counts of wire fraud, finding that the former titan of the plaintiffs bar misappropriated $15 million of his clients' settlement funds.
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August 26, 2024
Wash. Court Says Prejudice Not a Factor In Hospital Trial Win
A Washington state appellate court said Monday there was no need for a hearing to determine whether racial bias was a factor in an immigrant couple's medical malpractice trial loss over the death of their newborn child, ruling that no "objective observer" could conclude the verdict was impacted by prejudice.
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August 26, 2024
Girardi Lied 'Over And Over,' Jury Told As Fraud Trial Wraps
A federal prosecutor told a California federal jury during closing arguments in Tom Girardi's criminal fraud trial Monday that the now-disbarred attorney lied to his clients "over and over and over again" in order to misappropriate millions of their settlement money as part of a yearslong Ponzi scheme.
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
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August 26, 2024
Estate Says Circle K Hid Inspector's Name In Death Suit
The family of a woman who died at a Circle K gas pump asked a Florida judge to sanction the company for allegedly failing to disclose the name of the contractor that inspected the gas station before the statute of limitations for wrongful death claims had run out.
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August 26, 2024
Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit
Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.
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August 26, 2024
Parents Sue Kratom Cos. Over Adult Daughter's Death
The parents of a woman who died allegedly due to a kratom overdose are suing manufacturers and retailer sellers of the supplement, saying the companies should have known their product was "unreasonably dangerous" for humans to eat, according to a Colorado state lawsuit.
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August 26, 2024
Store Seeks Coverage For Murdaugh Boat Crash-Related Suit
A convenience store accused of negligently selling alcohol to disgraced former lawyer Alex Murdaugh's underage son, who later crashed a boat that led to a girl's death, sought coverage from its insurers for a related civil conspiracy lawsuit, maintaining that the suit falls within its policies' scope of coverage.
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August 26, 2024
Conn. Diocese Seeks Mediation Over Competing Ch. 11 Plans
The Roman Catholic Diocese of Norwich, Connecticut, told a bankruptcy judge that a Chapter 11 plan proposed by unsecured creditors is unconfirmable and fighting over competing plans will drain estate resources, and that renewed mediation over how to address childhood sexual abuse liability is the only path forward.
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August 26, 2024
Insurer Says Others Owe Payment In Asbestos Injury Rows
An insurer that said it exceeded its coverage obligations for underlying asbestos injury litigation by millions of dollars has asked a Michigan federal court to determine how much other entities must pay in connection with the underlying suits.
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August 26, 2024
Sig Sauer Can't Depose Wife Again In $30M Pistol Defect Suit
Sig Sauer won't get a second chance at deposing the wife of a man who's suing the firearm maker after his pistol allegedly discharged without warning, a North Carolina federal judge has ruled, saying the spouse is out of his jurisdiction.
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August 26, 2024
Judge Tosses Most Of Minors' Claims Against Cheer Group
A Georgia federal judge has dismissed most of the claims a minor and his mother lodged against a Tennessee-based federation that touts its work to keep All Star Cheer programs safe and free of sexual misconduct and abuse.
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August 26, 2024
Conn. Judge Hints Split Fee Collection Case May Be Too Late
A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.
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August 26, 2024
Grubhub Can't Escape Suit Over Judge Killed By Driver
Grubhub must face a lawsuit brought by the family of a Phoenix-area judge who died after being struck by one of the food delivery service's drivers since the app that allegedly distracted the driver could be considered a "product," an Arizona state court judge has ruled.
Expert Analysis
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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.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.