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Personal Injury & Medical Malpractice
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July 11, 2024
Ex-Northwestern Coach Accuses University Of Defamation
The former offensive coordinator of Northwestern University's football team has sued the university, its president and its athletic director, claiming they portrayed him and the rest of the football staff in a false light when they fired head coach Pat Fitzgerald amid a hazing scandal and defamed him after he wore a T-shirt supporting the coach to practice.
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July 11, 2024
Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit
A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.
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July 11, 2024
Baldwin Wasn't Only 'Rust' Actor With Live Rounds, Jury Told
Alec Baldwin's counsel established Thursday during a contentious second day of testimony in the "Rust" trial in New Mexico that he wasn't the only actor unknowingly carrying live ammunition on the film's set before the 2021 fatal shooting of a cinematographer.
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July 11, 2024
2nd Circ. Says Unreported Violence Doesn't Doom Asylum Bid
The Second Circuit on Thursday said the Board of Immigration Appeals must reconsider an asylum bid from a Honduran woman claiming family abuse and rape by a criminal, finding that evidence of the difficulties women face in reporting violence and the government's ineffective response to such reports was ignored.
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July 11, 2024
Conn. Justices Say Law Firm's Ex Parte Sanctions Were Error
The law firm Brignole Bush & Lewis LLC cannot be sanctioned for engaging in ex parte talks with an expert witness previously disclosed by Liberty Mutual Insurance Co., the opposing party in a car accident case, the Connecticut Supreme Court ruled Thursday.
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July 11, 2024
Cruise Ship Co. Sanctioned With Fees In Sexual Assault Suit
Carnival Corp. will have to pay fees related to a discovery dispute stemming from a $10.2 million sexual assault personal injury lawsuit, a Florida federal judge has ruled in a sanctions order, finding that the cruise company must pay a portion of the legal bills of a female passenger after "clear" discovery violations occurred.
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July 11, 2024
Hershey, Walgreens Sued For 'One Chip Challenge' Death
The Hershey Co. and its businesses that created and negligently marketed the "One Chip Challenge" to eat an ultra-spicy tortilla chip are responsible for the wrongful death of a Massachusetts 14-year-old, whose death coincided with the product being pulled from the shelves, according to a lawsuit filed Thursday by the boy's mother.
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July 11, 2024
Talc Law Firms Beat J&J Subpoenas Seeking Funding Info
The Beasley Allen Law Firm, another plaintiffs law firm and a litigation funder defeated subpoenas from Johnson & Johnson in talc litigation, with a special master reasoning that the broad swath of discovery permitted in federal courts still has limits.
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July 11, 2024
Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says
A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.
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July 11, 2024
BP Deadline Denial Could Impact Mass Torts, 5th Circ. Told
A man suffering from a chronic health condition stemming from his work cleaning up Mississippi beaches after the Deepwater Horizon spill told the Fifth Circuit that a Louisiana judge's failure to yield to third-party discovery agreements could potentially impact a litany of mass litigation if upheld.
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July 11, 2024
Communications Co. Says Death Suit Skirted Probate Court
Frontier Communications of America Inc. told a Connecticut state court that it must dismiss a wrongful death case brought against it after an elderly woman fell in her basement and could not call 911 because her phone lines were down, arguing her estate skipped a vital step before filing suit.
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July 10, 2024
Roundup Cancer Case Revived By Oregon Appellate Panel
An Oregon appellate panel on Wednesday revived a lawsuit claiming Bayer AG subsidiary Monsanto's weedkiller Roundup caused an Oregon man's cancer, saying the judge who oversaw the trial that cleared the company wrongly excluded testimony from an expert for the plaintiff.
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July 10, 2024
Texas Panel Tosses Electrocution Suit Against Oil Well Owner
A Texas state appeals court found that an oil field station owner wasn't responsible for a contractor's electrocution at the station, ruling Tuesday that the owner didn't owe any duty to the contractor under any negligence theory because it didn't direct the contractor's work.
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July 10, 2024
Ex-Chili Peppers Guitarist Sued Over Pedestrian Death
Josh Klinghoffer, a former guitarist for the Red Hot Chili Peppers and current touring member of Pearl Jam, is accused of hitting and killing a pedestrian in a crosswalk while driving a sport utility vehicle and distracted by his cellphone, in a lawsuit filed Wednesday in Los Angeles County.
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July 10, 2024
Nassar Sex Abuse Law Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled on Wednesday that a legislative change to extend civil suit deadlines for certain victims of sexual assault as minors does not apply retroactively, finding that claims from a man who said he was assaulted by a priest in the 1990s were untimely.
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July 10, 2024
Houston Attys Escape Defamation Suit Over Sex Assault Case
A Texas appeals court said a group of Houston attorneys could escape a defamation suit brought by a man accused of sexual assault by one of their clients, writing that he did "not even raise a scintilla of evidence" that the attorneys knew statements they made to the media about their client's case were false.
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July 10, 2024
Florida Court Overturns $2M Med Mal Arbitration Award
A Florida appeals court on Wednesday effectively vacated an arbitration award of more than $2 million in a suit accusing a hospital of causing a stroke patient's death due to alleged malpractice, saying proposed expert testimony regarding the patient's life expectancy should've been admitted.
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July 10, 2024
Attys Bolt In Groups 'All The Time,' Colo. Judge Says
A Colorado judge hearing the appeal of an attorney who lost a jury trial in which she was accused of trying to lure colleagues away from a well-known regional personal injury firm noted Wednesday that lawyers commonly leave their firms in groups.
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July 10, 2024
Fla. Judge Will Issue Sanctions For Delay In Tesla Crash Suit
A Florida state judge said Wednesday he will issue sanctions over a failure by a biomechanics expert to timely produce data requested by Tesla in a suit over a Model S crash that killed two teenagers.
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July 10, 2024
Jewish Groups Sue Ed. Dept. Over Penn Protest Investigation
The U.S. Department of Education failed to meet its duty to properly investigate a "tsunami" of antisemitic behavior on the campus of the University of Pennsylvania after the Oct. 7 attacks on Israel, a Jewish nonprofit and its member organization have claimed in Washington, D.C., federal court.
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July 10, 2024
Wash. Justices To Review Worker's Asbestos Exposure Row
Washington's highest court agreed to review whether the deliberate intention exception in the state's Industrial Insurance Act prevented a worker from asserting personal injuries against his former employer's successor over a claim that his mesothelioma was caused by employment-related asbestos exposure.
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July 10, 2024
Peloton Investors Get Final OK For $14M Settlement
A New York magistrate judge has given the final approval to a $14 million settlement between Peloton and investors over claims that the home exercise equipment maker failed to properly disclose issues with its treadmills after a 6-year-old was killed by one.
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July 10, 2024
Snapchat Cites Federal Immunity In Conn. Sex Assault Case
Leaning heavily on Section 230 of the Communications Decency Act, Snap Inc. said Wednesday in Connecticut state court that a retooled complaint accusing it of being a co-creator or co-publisher of Bitmojis that made sexual predators look younger and less dangerous to children must fail because individual users remain in control of content published online.
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July 10, 2024
FIFA Strikes Back In Puerto Rico Media Access Fight
Two international soccer organizations are pushing back against efforts by a local media company to obtain an injunction that prohibits banning its reporters from covering matches of Puerto Rico's national team, arguing they have nothing to do with such decisions.
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July 10, 2024
Insurer Must Face Claims In Penile Implant Coverage Suit
An insurer can't escape a suit brought by a urologist and his practice seeking coverage for a proposed class action over a penile enlargement implant and procedure, a California federal court ruled Wednesday, saying it's too early to conclude that the underlying action doesn't assert potentially covered claims.
Expert Analysis
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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NC TikTok Order Holds Lessons On Handling State AG Probes
Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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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.