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Personal Injury & Medical Malpractice
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August 14, 2024
Harley-Davidson Liable For $287M In 'Trike' Crash Verdict
A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.
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August 14, 2024
Suit Over United Flight Plunge Remanded To Ill. State Court
A family that sued United Airlines for emotional distress after their December 2022 flight from Hawaii to California took a "precipitous dive" shortly after takeoff can pursue their claims in Illinois state court after a judge determined the suit doesn't belong in federal court.
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August 14, 2024
Music Exec L.A. Reid Can't Trim Producer's Sex Assault Suit
Music executive Antonio "L.A." Reid can't toss false imprisonment and emotional distress claims in a lawsuit accusing him of sexual assault brought under the New York Adult Survivors Act, after a federal judge rejected his argument that the claims are untimely because the act revives claims stemming from the alleged assault.
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August 14, 2024
Florida AG Can't Nix Hospitals', School Boards' Opioid Claims
A Florida state appeals court on Wednesday reversed a trial court's order allowing the state's attorney general to wipe out a group of suits by hospitals and school boards in opioid litigation, holding that she doesn't have the authority to release their claims without their consent.
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August 14, 2024
Cannabis Co. And Ex-Exec End Bad-Mouthing Dispute
A Colorado state judge has permanently dismissed a lawsuit in which a cannabis company and its former chief operating officer each accused the other of waging a smear campaign, after the parties agreed to end the litigation.
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August 14, 2024
Fraternity Says Lehigh Univ. Hazing Suit Lacks Conn. Ties
The national parent organization for a fraternity accused of hazing a Connecticut man when he joined a chapter in Pennsylvania says a Connecticut federal court should throw out the suit or transfer it to Pennsylvania.
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August 14, 2024
Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.
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August 14, 2024
Surgeon Keeps Win In 'Hyperkinetic' Gallbladder Surgery Suit
A Virginia appeals panel won't revive a man's medical malpractice claims against his surgeon over complications from surgery to remove his "hyperkinetic" gallbladder, rejecting his argument that the surgeon was wrongly allowed to present evidence about the condition.
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August 14, 2024
SC Justices Agree To Hear Murdaugh's Jury Tampering Claim
South Carolina's Supreme Court has agreed to hear disgraced lawyer Alex Murdaugh's appeal claiming a clerk of court tampered with the jury that convicted him of murder, invoking a rule that bypasses intermediate appeals when "significant public interest or a legal principle of major importance" hangs in the balance.
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August 14, 2024
Insurer Wants Out From Defense Of Philly Sports Radio Host
State Farm asked a New Jersey federal court Wednesday to find it doesn't have to cover or defend Philadelphia sports talk radio host Anthony Gargano in litigation stemming from a 2022 motor vehicle accident, arguing the car he was driving is not covered by his insurance policy.
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August 14, 2024
Call Center Blamed In Elderly Conn. Woman's Fall, Death
A customer service call center has been pulled into a wrongful death lawsuit against Frontier Communications of America Inc. by the estate of an elderly woman who fell in her basement and could not call 911 because her phone lines were down, according to an amended complaint filed in Connecticut state court.
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August 14, 2024
Avon Products Gets OK To Tap $43M DIP During Ch. 11 Case
A Delaware bankruptcy judge on Wednesday greenlighted cosmetics giant Avon Products Inc.'s request to borrow part of a $43 million financing package to support itself during its Chapter 11 case.
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August 14, 2024
Santa Monica Sues 3M, DuPont Over PFAS Contamination
The city of Santa Monica, California, has hit 3M, DuPont de Nemours Inc., RTX Corp., formerly known as Raytheon, and more than a dozen other companies with a suit over PFAS contamination stemming from the use of aqueous film-forming firefighting foams.
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August 13, 2024
Jury Awards $51M To Family In Carbon Monoxide Leak
A Texas jury awarded a woman and her two children $51 million after they suffered from carbon monoxide poisoning in their apartment in 2015, finding in a Tuesday verdict that their apartment complex was responsible for the leak that allegedly left the children with serious brain injuries.
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August 13, 2024
8th Circ. Finds ATF's Braced Pistol Rule Arbitrary, Capricious
An Eighth Circuit panel has reversed an order denying a preliminary injunction to block enforcement of a Bureau of Alcohol, Tobacco, Firearms, and Explosives rule regulating pistols with stabilizing braces as short-barreled rifles, finding that aspects of the rule were arbitrary and capricious.
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August 13, 2024
Va. Atty Held In Contempt, Jailed Overnight Loses Appeal
A Virginia appeals court on Tuesday tossed a false imprisonment suit accusing a sheriff of wrongly detaining a divorce attorney after she was held in civil contempt for arguing with a judge and jailed overnight, saying the sheriff acted under the auspices of the judge's legal authority.
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August 13, 2024
Girardi's Ex-Accountant Testifies He Wasn't Always 'All There'
A former in-house accountant for Tom Girardi's law firm broke down in tears on the witness stand under cross-examination in Girardi's California federal criminal trial Tuesday, first saying he always seemed "lucid" before describing him in the month before Girardi Keese filed for bankruptcy as slipping mentally.
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August 13, 2024
10th Circ. Says Mine Can't Undo Worker's Black Lung Benefits
A Tenth Circuit panel on Tuesday rejected a coal mining company's attempt to prevent a retired Utah miner from getting benefits under the Black Lung Benefits Act, finding the miner's time working in above-ground facilities did not remove the law's presumption in his favor.
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August 13, 2024
Honduran Woman's Rape Case Against ICE Dismissed Again
A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.
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August 13, 2024
Ga. Court Ropes Hospital Back Into Patient Death Suit
A Georgia appeals court reinstated Tuesday a suit accusing a hospital of failing to properly treat an unstable patient and instead taking her home to be left alone, which allegedly caused her death, saying an allegation of failure to screen a patient didn't require a medical expert's report.
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August 13, 2024
Parts Maker Can't Escape Goya Death Suit
A machine manufacturer must face claims that a negligent inspection at a Texas-based Goya food distribution center led to a forklift operator burning to death after crashing into a pipe carrying hot beans, a federal judge has ruled, saying a jury could still find the company liable for failing to warn of the low hanging pipe.
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August 13, 2024
Jury Awards $75M For Snapchat Prank That Caused Drug Death
A Michigan jury has awarded the family of a 21-year-old college student $75 million after his friends tricked the student into taking what proved to be a lethal dose of MDMA and recorded his reaction on social media.
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August 13, 2024
Mich. County Will Pay $7M To End Deadly Jail Beating Suit
A Michigan federal judge on Tuesday approved a $7 million settlement to end claims that Wayne County was responsible for the death of a man beaten by his cellmate on his first night in jail last year.
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August 13, 2024
NJ Shipyard Beats Suit Over Worker's Death On Navy Ship
A shipyard in Upper New York Bay can't be held liable for a fatal fall a laborer suffered while working on a U.S. Navy vessel, a New Jersey state appeals court ruled Tuesday, saying it wasn't responsible for providing safety gear.
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August 13, 2024
Mother Can't Revive Suit Against GE For Child's Brain Damage
A Pennsylvania appeals panel won't reinstate a mother's suit against General Electric Co. and subsidiary Datex-Ohmeda Inc. alleging that a faulty anesthesia machine caused her child permanent brain damage, finding the trial court rightly found that the state doesn't have jurisdiction over the claims.
Expert Analysis
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.