Personal Injury & Medical Malpractice

  • September 06, 2024

    Lowenstein Sandler Atty To Lead Rutgers Gymnastics Probe

    Rutgers University has selected the leader of Lowenstein Sandler LLP's white collar defense team and chair of the firm's corporate investigations and integrity group to head an investigation into the university's women's gymnastics program amid widely publicized allegations of bullying by the team's head coach.

  • September 06, 2024

    2nd Circ. Tests Trump Bid To Overturn $5M Carroll Verdict

    A Second Circuit panel indicated Friday that Donald Trump faces an uphill climb in seeking a new trial after a jury found he sexually abused writer E. Jean Carroll and awarded her $5 million in damages.

  • September 06, 2024

    Glioblastoma Org. Wants End To Rival's Use Of 'GBM'

    The Glioblastoma Foundation has hit a competing nonprofit with a suit alleging that the group's use of the initials "GBM" in its name has ripped off its trademark and sown confusion among donors who can't tell the two organizations apart.

  • September 05, 2024

    Ohio Justices Craft New Jury Rule For Negligence Trials

    An Ohio state appeals court on Friday reinstated a jury verdict clearing a hospital and others of liability in a suit accusing them of negligently causing a patient's death, and it set new guidelines for jury deliberations in all negligence cases.

  • September 05, 2024

    Law Firms Appeal Atty Fee Denial In Opioid Settlements

    Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.

  • September 05, 2024

    NM AG Sues Snapchat Over Child 'Sextortion' And Abuse

    New Mexico's attorney general on Thursday announced he has sued Snap Inc., alleging the social media company's policies and algorithm promote child sexual exploitation and the spread of child sexual abuse material.

  • September 05, 2024

    Panel Finds Colo. Attys Can't Poach From Current Employers

    A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.

  • September 05, 2024

    Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal

    Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.

  • September 05, 2024

    Coast Guard Cadets Claim Academy Allowed Assaults

    The U.S. Coast Guard was hit with 13 administrative complaints Thursday alleging it failed to prevent sexual assaults of cadets at its academy in Connecticut, marking what the plaintiffs' attorneys say is the first collective action of its kind.

  • September 05, 2024

    3rd Circ. Relieves Insurer Of Additional UIM Coverage

    The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.

  • September 05, 2024

    Biden Admin Issues Plans To Address PFAS Use, Exposure

    The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.

  • September 05, 2024

    Berkshire Unit Owes $1M For Shooting, Ga. Man Says

    A man shot during an armed robbery at a convenience store told a Georgia federal court that a Berkshire Hathaway unit must pay its full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner.

  • September 05, 2024

    Colo. Cannabis Co. Manager Stole $150K, Suit Claims

    The two marijuana entrepreneurs behind the Euflora chain are once again back in court, with one of them accusing the other of stealing at least $150,000 from their enterprise, possibly to cover unpaid loans and taxes, according to a lawsuit filed in Colorado state court, which claimed the alleged theft comes after a string of erratic behavior.

  • September 05, 2024

    Colo. Election Denier Hit With $1K-A-Day Contempt Fine

    A Colorado federal judge held a prominent 2020 election denier in contempt Wednesday for refusing to answer key questions during a deposition in a defamation suit brought by a former Dominion Voting Systems executive and then walking out in defiance, hitting the conspiracy theorist with a $1,000-per-day fine until he coughs up requested information.

  • September 05, 2024

    Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL

    A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.

  • September 05, 2024

    Ahmaud Arbery's Mother Agrees To Dismiss One Of The Killers

    The mother of Ahmaud Arbery, a Black man who was murdered by three white men while jogging in coastal Georgia over four years ago, on Thursday dropped one of her son's killers from a civil suit over his killing and the subsequent investigation.

  • September 05, 2024

    Attys' Group Urges Justices To Back Trucker's CBD RICO Suit

    The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."

  • September 05, 2024

    New Weinstein Charges Loom In NY As Women Step Forward

    A New York state grand jury may indict Harvey Weinstein for additional sex crimes as soon as Friday based on allegations from three new complaining witnesses, a source familiar with the proceedings told Law360.

  • September 05, 2024

    UGA Settles With Football Staffer Hurt In Fatal '23 Crash

    The University of Georgia Athletic Association and a former football program staffer have settled her lawsuit over the school's alleged role in a fatal January 2023 crash that killed a football player and another staff member, according to Georgia state court filings.

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    Pa. County Wants Out Of Child Abuse, Death Lawsuit

    A northeastern Pennsylvania county wants out of a lawsuit over schools and local child-welfare agencies accused of allowing a 12-year-old girl to be abused to death by her father and stepmother, arguing that the case didn't fall under any of the exceptions to state agencies' sovereign immunity.

  • September 04, 2024

    Ill. Panel Backs Atty's Bid To Litigate Medical Record Fee Suit

    An Illinois attorney looking to hold document delivery service Ciox Health LLC liable for charging allegedly illegal fees can pursue those claims in court since there is no evidence he ever agreed to arbitrate disputes with the company, a state appellate panel said Tuesday.

  • September 04, 2024

    10th Circ. Partially Nixes Insurer Win In Liposuction Death Suit

    The Tenth Circuit on Wednesday revived a health provider's bad faith claim against its insurer over coverage for a $60 million judgment stemming from a woman's fatal liposuction surgery, finding the claim fell within a four-year period of limitations for insurance bad faith claims.

  • September 04, 2024

    2nd Circ. Tosses Sudan's Appeal Over 9/11 Immunity Denial

    The Second Circuit has tossed the Republic of the Sudan's challenge to a ruling that the country wasn't immune to liability for allegedly supporting al-Qaida in the lead-up to the 9/11 terrorist attacks, saying the appeal was barred by law.

  • September 04, 2024

    Marathon Faces Wrongful Death Suit Over Refinery Explosion

    The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.

Expert Analysis

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

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