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Personal Injury & Medical Malpractice
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September 30, 2024
Netflix Must Face Trimmed 'Baby Reindeer' Defamation Fight
A California federal judge trimmed a Scottish lawyer's multimillion-dollar lawsuit alleging Netflix's popular stalker miniseries "Baby Reindeer" defamed her, tossing negligence and publicity claims but allowing the attorney's defamation and emotional distress allegations to proceed.
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September 30, 2024
Big Banks Get Brazilian Pollution Suit Booted From NY
A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.
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September 30, 2024
Judge Wants More Info On Yale's Ties To Fertility Doctor
A Connecticut judge presiding over claims a fertility doctor used his own sperm to impregnate women in the 1980s asked two plaintiffs on Monday to back up their argument that Yale University and its affiliated hospital could be held liable, while the Ivy League entities sought to avert an evidence probe.
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September 30, 2024
Indiana's TikTok Kids Safety Suit Revived On Appeal
An Indiana appeals court on Monday revived the state's suit against TikTok Inc. alleging it violated state law by downplaying the risks of personal data being accessed by the Chinese government, finding that state courts do have jurisdiction over the company.
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September 30, 2024
NC Builder's Insurer Must Cover Death Suit, Estate Says
The estate of a woman who died while working on a roof replacement project said it's entitled to coverage under a construction company's policy, telling a North Carolina state appeals court Monday a lower court wrongly held that the woman was an employee barred from coverage.
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September 30, 2024
Philly Atty Suspended For Claiming To Rep Slain Boy's Father
A Philadelphia attorney has agreed to a year-and-a-half suspension of his law license for falsely claiming to represent the father of a boy who was killed by city police and trying to get him declared incompetent, acknowledging that his actions broke Pennsylvania's attorney conduct rules, according to state ethics board filing.
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September 30, 2024
Leon Black Can't Duck Sex Assault Suit Or Sanction Wigdor
Ex-Apollo Global Management CEO Leon Black cannot dodge a lawsuit accusing him of raping an autistic teenager in 2002, as New York City's extension of the time limit to file the suit is not preempted by state law, a New York federal judge has ruled.
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September 30, 2024
Atty Accused Of Trying To Win Back Client With Loan
The Law Offices of Michael S. Lamonsoff PLLC, a New York personal injury firm, has accused competitor Harmon Linder & Rogowsky of offering a former client a loan after learning they were being booted as counsel.
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September 30, 2024
Mich. Justices Give Condo Drowning Suit Another Chance
The Michigan Supreme Court on Monday remanded a premises liability lawsuit against a condominium owners association that was brought by the estate of a member, saying an appeals court should take into account the justices' recent ruling that condo associations have a duty to exercise reasonable care to protect condo owners in shared spaces.
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September 30, 2024
'Rust' Armorer's Conviction Stands Despite Evidence Scandal
A New Mexico judge on Monday refused to throw out "Rust" armorer Hannah Gutierrez-Reed's involuntary manslaughter conviction or order a new trial based on allegations of prosecutorial misconduct that tanked the state's high-profile case against actor-producer Alec Baldwin.
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September 27, 2024
Norfolk Derailment Victims' Attys Get $162M After $600M Deal
A federal judge said Friday that she signed off on a $162 million award to attorneys for a class of residents and others affected by last year's Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, partly because of the "historic participation" in the $600 million settlement.
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September 27, 2024
Man Federally Charged In Calif. Courthouse Bombing
A California man accused of throwing a bomb into the lobby of a Santa Barbara County courthouse Wednesday that injured at least five people has been federally charged with maliciously damaging a building with the use of an explosive, federal prosecutors announced on Friday.
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September 27, 2024
Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices
The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.
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September 27, 2024
9th Circ. Says Stem Cell Treatment Not Exempt From FDA Rule
Two California clinics' experimental stem cell treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations, the Ninth Circuit ruled Friday, reviving the federal government's bid to stop the clinic from marketing the products as cures for certain diseases without U.S. Food and Drug Administration review.
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September 27, 2024
Washington Judge Refuses To Halt State Assault Weapon Ban
A Washington federal judge has declined to pause enforcement of an Evergreen State ban on the sale of assault weapons, ruling the Olympian shooter and gun sellers challenging the law had failed to show such weapons are commonly used for self-defense and thus protected by the Second Amendment.
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September 27, 2024
Amazon Roped Back Into Ind. Truckers' Injury, Death Suits
An Indiana appeals court has reinstated claims against Amazon in two separate suits alleging a negligently designed warehouse entrance caused the death of a big-rig driver and seriously injured another, saying the company knew that confusing signage was prompting drivers to exit their tractor-trailers on a public road, putting them at risk.
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September 27, 2024
Crash Victim's Estate Awarded $10M From No-Show Driver
A Michigan state judge awarded the estate of a Michigan woman a $10 million default judgment Friday in its wrongful death suit against the alleged drunken driver who crashed into her head-on while going the wrong way down a one-way street.
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September 27, 2024
Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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September 27, 2024
Colo. Law Voids Cos.' Coverage Agreement, Judge Rules
An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.
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September 27, 2024
Disbarred Ex-DA Must Face Rival's Malicious Prosecution Suit
A Colorado federal judge on Thursday declined to throw out a malicious prosecution claim by a former elected district attorney alleging his disbarred successor falsely charged him with felony embezzlement, concluding that the disbarred prosecutor is not entitled to absolute or qualified immunity.
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September 27, 2024
Insurer Says No Coverage For Conn. Firm's Data Breach
A Connecticut personal injury firm's insurance company says it won't foot the bill for claims stemming from a hacker breaking into the firm's email system and stealing over $750,000 from a client, saying the firm's professional liability policy excluded "cyber security events."
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September 27, 2024
Houston Firm Gets Time In Zeta MDL To Fend Off DQ Bid
A Texas state judge overseeing a multidistrict litigation created to handle claims stemming from Hurricane Zeta agreed Friday to give a Houston law firm more time to respond to a disqualification bid from plaintiff firm Arnold & Itkin, which says an ex-law clerk who now works for the defense improperly accessed relevant case files.
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September 27, 2024
Mich. Justices To Mull Sanctions Question In Fatal Crash Suit
The Michigan Supreme Court said Friday it would review whether a defunct construction company should escape liability for an employee's fatal crash and whether the company deserved sanctions for dumping its records when it went out of business.
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September 27, 2024
EPA, Ohio Refinery Ink $169M Wastewater Cleanup Deal
A Cenovus Energy unit has reached a $169 million deal to resolve the U.S. Environmental Protection Agency's complaint over pollution from a petroleum refinery in Lima, Ohio, the U.S. Department of Justice and the EPA announced Friday.
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September 26, 2024
Texas Supreme Court Leaves State Fair Gun Ban Intact
The state's high court rejected Texas Attorney General Ken Paxton's attempt to toss out the State Fair of Texas' new policy prohibiting fairgoers from carrying handguns, with three justices finding in a late Thursday opinion that, as a private entity, the State Fair has the right to determine if people carry guns at the fair.
Expert Analysis
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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A Crucial Step In Mediation: Preparing Your Client
Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Confronting The Psychological Toll Of Personal Injury Law
Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.