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Personal Injury & Medical Malpractice
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June 25, 2024
Law Firm Boss Admitted Breaking Ethics Rule, Regulator Says
Connecticut attorney discipline authorities told a state court Monday that the managing partner of a Hartford-based personal injury and employment law firm cannot walk back an admission to a rule violation, reaffirming earlier calls to suspend Emanuele R. Cicchiello for threatening a criminal probe and downloading a departing junior attorney's personal emails.
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June 25, 2024
Schouest Bamdas Opens Dallas Office With 6-Partner Hire
Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.
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June 25, 2024
USA Swimming's Suit Against Watchdog Can Continue
A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.
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June 25, 2024
Atlanta City Council To Consider $2M Settlement In Taser Case
Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.
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June 24, 2024
Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court
A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.
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June 24, 2024
PacifiCorp To Pay Another $150M To Resolve Wildfire Claims
PacifiCorp will shell out another $150 million to roughly 380 plaintiffs resolving "substantially all individual claims" stemming from the 2020 Slater wildfire in California, the company announced Monday, adding to the hundreds of millions of dollars the utility has already paid over wildfire-related claims.
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June 24, 2024
5th Circ. Won't Revive Texas' Homemade Gun-Silencer Fight
The Fifth Circuit refused Friday to revive a challenge by Texas residents and attorney general against federal laws regulating the manufacturing of firearm silencers, finding the residents lack standing, since vague intentions to make silencers aren't enough to establish injury, and the state can't voluntarily litigate its residents' personal claims.
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June 24, 2024
Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death
Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.
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June 24, 2024
Baldwin Awaits Ruling On Bid To Toss 'Rust' Shooting Case
A New Mexico state judge is set to rule this week on Alec Baldwin's argument that his indictment on involuntary manslaughter charges over the "Rust" film shooting should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.
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June 24, 2024
Boeing Says Turbulent Securities Suit Should Be Dismissed
Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.
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June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
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June 24, 2024
8th Circ. Sides With Minn. DOT In Injured Worker's ADA Suit
The Eighth Circuit on Monday backed the Minnesota Department of Transportation in a suit by a former mechanic who alleged the agency discriminated against him after an on-the-job injury, finding MNDOT reasonably showed that he could not do the work of his prior position.
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June 24, 2024
Harvard Fertility Doctor Settles Secret-Impregnation Claim
A fertility doctor and longtime Harvard Medical School professor has settled claims that he secretly used his own sperm to impregnate a patient in 1980, according to a Monday court filing.
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June 24, 2024
9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver
The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.
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June 24, 2024
Red Roof Ignored Years Of Trafficking, Victim Tells Ga. Jurors
The corporate owners of two metro Atlanta Red Roof Inn locations knew about and ignored trafficking at the hotels, a woman who said she had been trafficked at the two hotels and others in the surrounding area for six years told Georgia federal jurors Monday.
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June 24, 2024
Suit Over Medical Screws Filed Too Late, Texas Panel Finds
A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.
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June 24, 2024
Seyfarth Atty Dropped From Yeshiva U. Rape Cover-Up Suit
A female Yeshiva University student who claims she was raped by a player on the men's basketball team, then sued the school claiming it conspired on a cover-up with Seyfarth Shaw LLP, has voluntarily dismissed two Yeshiva officials and a Seyfarth attorney from the lawsuit.
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June 24, 2024
No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms
The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.
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June 24, 2024
US DOT Final Rule Ups Freight Rail Hazmat Disclosures
Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.
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June 24, 2024
$12.8M Deal Ending Some Chiquita MDL Claims Gets Approval
A Florida federal judge said Monday he would sign off on a proposed $12.8 million settlement between Chiquita Brands International Inc. and some of the victims suing the banana company over its funding of Colombian paramilitary groups.
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June 24, 2024
Insurer Says Paralympic Org Not Covered In Sex Abuse Row
The U.S. Olympic & Paralympic Committee should have no coverage in a lawsuit accusing it of negligence after a Paralympic swimmer said he was sexually abused by a teammate, an insurer for the committee told a Colorado federal court, citing an "absolute abuse or molestation" exclusion.
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June 24, 2024
Justices Affirm 6th Circ. Decision Allowing Bump Stocks
The U.S. Supreme Court on Monday rejected the government's appeal of a Sixth Circuit decision blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on so-called bump stocks, after finding in a separate case that the ATF rule went beyond the agency's authority.
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June 21, 2024
Kenyan Firm Says Chicago Attys Blocked Ethiopian Air Fees
A Kenyan law firm wants an Illinois federal judge to help it get attorney fees after Chicago counsel allegedly shut it out of a former client's Ethiopian Air crash settlement, a request the Chicago attorney blasted Friday as apparent retaliation for aiding an investigation into theft of that client's money.
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June 21, 2024
Wrongful Death Suit Against Kiss Members Moves Forward
A California judge refused Friday to dismiss wrongful death claims against two members of Kiss and their manager alleging a guitar technician caught COVID-19 and died while on tour with the legendary rock back in 2021, according to an attorney for the tech's family and estate.
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June 21, 2024
Ga. Panel Revives Cow Car Crash Suit
A woman who lost an arm after her vehicle hit a cow's body, causing her car to flip over, will get another shot at suing the truck driver who first struck and disabled the bovine on the roadway, a Georgia appeals court ruled Friday, saying a trial is needed to determine if the trucker could have warned others about the obstruction.
Expert Analysis
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The Likable Witness: Key Traits And Psychological Concepts
Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Opinion
Proving Causation Is Key To Fairness And Justice
Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.
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Okla. Workers' Comp Case Could Mean Huge Shift In Claims
An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.
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Opinion
Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role
Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.
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In Ga., Promptness Is Key To Setting Aside Default Judgments
The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.