Personal Injury & Medical Malpractice

  • July 01, 2024

    Top Personal Injury, Med Mal News: 2024 Midyear Report

    A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    GSK Wants Lab's Zantac Whistleblower Suit Moved To Florida

    GlaxoSmithKline wants a Connecticut laboratory's federal whistleblower lawsuit moved from Pennsylvania to Florida, where a West Palm Beach court has already overseen four years of a multidistrict litigation that GSK said was touched off by the same lab's claims that Zantac breaks down into a cancer-causing chemical.

  • July 01, 2024

    Fla. Court Releases 2006 Epstein Grand Jury Transcripts

    A Florida state court judge on Monday made public the 2006 grand jury transcripts of the Jeffrey Epstein sex abuse investigation after a newspaper persuaded him to reconsider releasing them in light of a new law signed by Gov. Ron DeSantis earlier this year.

  • July 01, 2024

    Feds Say Ex-Magellan Officer's Atty May Have Conflict

    A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.

  • July 01, 2024

    Conn. Lawmaker Says Cops Mishandled Her Sexual Assault

    A Connecticut state lawmaker took the city of Hartford to federal court, alleging that its Police Department "discounted" her reports of sexual assault and subsequent injuries, and "leaked biased and skewed information" to news outlets after a man attacked her outside a prayer event officers were patrolling.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?

    The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.

  • June 28, 2024

    CUNY Medical Prof Accused Of Fabricating NIH Grant Apps

    A medical professor at the City College of New York and paid adviser to Cassava Sciences has been indicted on allegations he falsified scientific data in grant applications submitted to the National Institutes of Health on behalf of himself and Cassava, prosecutors announced Friday.

  • June 28, 2024

    Wyndham Can't Escape Ohio Sex Trafficking Liability Suit

    Wyndham Hotels lost its bid to escape a woman's lawsuit alleging it ignored obvious signs she was trafficked for sex at a Knights Inn brand hotel when an Ohio federal judge ruled Friday that she sufficiently alleged the company was directly liable for harming her.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Report Shows PI Wiped Evidence Of Other Hacks, Mogul Says

    A private investigator in North Carolina deleted 110,000 documents — including data reportedly stolen from an attorney — the night before he was set to testify in a London case against airline mogul Farhad Azima, according to documents filed in federal court.

  • June 28, 2024

    Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved

    A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.

  • June 28, 2024

    Insurer Says It Owes No Coverage In Hair Relaxer Litigation

    As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.

  • June 28, 2024

    Aviation Co. Escapes Florida Suit Over No-Fuel Plane Crash

    A Florida federal judge has tossed a lawsuit brought against a Miami-based aviation company over a pilot crashing its plane into the ocean after running out of fuel while en route to the Bahamas, ruling that the company wasn't actually in possession of the aircraft during the incident.

  • June 28, 2024

    Northwestern Releases Paul Weiss Report On Hazing Review

    Northwestern University has made public a long-awaited report by former U.S. attorney general and current Paul Weiss Rifkind Wharton & Garrison LLP partner Loretta Lynch finding weaknesses in the school's systems and culture.

  • June 28, 2024

    Girardi's Ch. 7 Evidence Fight May Raise Novel Issues

    Tom Girardi told a California federal judge that FBI agents violated his constitutional rights by obtaining evidence from his law firm's bankruptcy trustee without a search warrant, an argument that, if successful, could hamstring prosecutors in his upcoming wire fraud trial and shake up law enforcement's dealings with trustees.

  • June 28, 2024

    Baldwin Loses Third Bid To Dismiss 'Rust' Shooting Case

    A New Mexico state judge on Friday rejected Alec Baldwin's argument that his indictment on involuntary manslaughter charges in the "Rust" film shooting case should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.

  • June 28, 2024

    Texas Justices Scrap $26M Verdict In Honda Seat Belt Suit

    The Texas Supreme Court on Friday handed American Honda Motor Co. Inc. a post-trial win, vacating a $26 million verdict for a woman who was paralyzed after a crash in 2015, saying the evidence she presented was not enough to rebut a presumption of nonliability under Texas law.

  • June 28, 2024

    Philly Judge Calls $2.25B Roundup Verdict 'Excessive'

    A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."

  • June 28, 2024

    Uber Driver Axes Coverage Claims Against Co.'s Insurer

    An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.

  • June 28, 2024

    Philips Gets OK For $25M Med Monitoring Deal In CPAP MDL

    A Pennsylvania federal judge has given the go-ahead to a $25 million medical monitoring settlement in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and some of its American subsidiaries.

  • June 28, 2024

    Mich. EMTs Did Not Prove Immunity Over False Death Declaration

    A Michigan Court of Appeals panel says first responders who declared a 20-year-old woman with cerebral palsy dead only for a funeral home embalmer to discover she was still breathing after having been placed in a body bag have not yet proven they are immune from liability, restoring a dismissed lawsuit.

  • June 28, 2024

    Off The Bench: NFL's Big Loss In Court, NBA Agent Spat

    In this week's Off The Bench, a jury delivers the NFL a $4.7 billion punch to the gut, an NBA agent looks to get paid for work that was credited to Rich Paul, and the Arizona Cardinals try to get a former executive's defamation claims sent to arbitration.

  • June 28, 2024

    Afghans Who Aided U.S. Gov't Sue Over Kids' Visa Denials

    A group of Afghan nationals who supported the U.S. government in its decades-long war against the Taliban sued the federal government in Virginia federal court Thursday, claiming their children's visa applications were arbitrarily denied after years of processing delays, forcing them to remain in Afghanistan and putting them in grave danger.

Expert Analysis

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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