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Personal Injury & Medical Malpractice
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August 06, 2024
7th Circ. Axes Broker's Win In Buccaneers Deal Coverage Suit
The Seventh Circuit on Tuesday reversed an Indiana federal court's finding that an insurance broker didn't need to indemnify Axis Insurance Co. for the Tampa Bay Buccaneers' voluntary settlement with a player, ruling that the insurers' contract clearly calls for Axis to be indemnified.
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August 06, 2024
Judge Sees No Chance For Ashli Babbitt Case Transfer Appeal
Ashli Babbitt's husband is contesting a California federal court's transfer of her estate's wrongful death suit to the District of Columbia, asking the D.C. federal judge who now has the case to send it back in order to give him a chance to appeal the transfer order.
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August 06, 2024
Pakistani Man Plotted To Kill US Officials, Feds Say
A Pakistani man with ties to Iran is in custody Tuesday as the U.S. Department of Justice says it foiled his plans to assassinate U.S. government officials, which one Republican House member said included former President Donald Trump.
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August 06, 2024
Girardi Used Client Funds As 'Personal Piggy Bank,' Jury Told
The prosecution and defense painted starkly different portraits of Tom Girardi during opening statements Tuesday in the disbarred attorney's criminal fraud trial, with a California federal prosecutor saying Girardi stole millions from vulnerable clients while his lawyer described him as an "old man" losing his memory and exploited by an underling.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
NTSB Door Plug Hearing Spotlights Boeing Production Gaps
Boeing still hasn't pinpointed who removed and reinstalled the door plug that subsequently blew off a 737 Max 9 jet operated by Alaska Airlines in January, as the National Transportation Safety Board on Tuesday examined what employees described as disjointed protocols and high-pressure production lines.
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August 06, 2024
7th Circ. Rejects Lion Air Families' Bid For Boeing Jury Trial
The Seventh Circuit ruled Tuesday that a more-than-century-old law governing fatal accidents on the high seas does not allow two remaining victims' estates suing Boeing over 2018's Lion Air crash to demand a jury trial.
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August 06, 2024
Ill. Jury Hits Cop With $22.5M Wrongful Conviction Verdict
An Illinois federal jury awarded $22.5 million on Monday to the estate of a man who served 22 years in prison for a 1995 arson-murder he was later acquitted of committing.
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August 06, 2024
Anti-Rape Org. Told To Turn Over Docs In Uber Assault MDL
A D.C. federal judge on Tuesday directed the Rape, Abuse and Incest National Network to produce documents in response to a subpoena seeking information about the anti-sexual violence organization's work with Uber Technologies Inc. as part of multidistrict litigation in California over the sexual assault of Uber passengers.
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Colo. Judges Probe Broadcaster's Liability For On-Air Claims
Colorado appellate judges on Tuesday asked a former executive for Dominion Voting Systems to explain how exactly a radio broadcaster is liable in a defamation suit over on-air statements alleging the former executive was responsible for rigging the 2020 election against former President Donald Trump.
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August 06, 2024
Astroworld MDL's Special Master Owed Nearly $60K In Fees
The special master appointed to oversee discovery disputes in civil litigation stemming from the deadly 2021 Astroworld festival racked up nearly $60,000 in fees and expenses, according to a trial court order issued Monday.
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August 06, 2024
CPSC Makes Moves On Powers Of Recall Over Amazon
The U.S. Consumer Product Safety Commission's recent decision that Amazon is legally responsible for recalling hundreds of thousands of unsafe products sold on its site is a big step forward for the agency in its authority over online platforms that sell third-party products, although the opinion is still limited to the sorts of products at issue, attorneys say.
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August 06, 2024
NC Panel Says $40M Award Fitting For Drunken Driving Crash
A North Carolina state appeals court on Tuesday refused to vacate a $40 million verdict against a drunken driver and the owner of a car involved in a fatal head-on collision, saying there's no reason to disturb what it described as the largest drunken driving verdict in the state's history.
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August 07, 2024
Dinsmore Adds 5-Atty Litigation Group From Bricker Graydon
Dinsmore & Shohl LLP announced Tuesday that a five-person litigation team led by a healthcare partner with over 30 years of experience joined the firm's Columbus, Ohio, office from Bricker Graydon LLP.
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August 06, 2024
Plaintiff Drops Atty Malpractice Suit Filed After Appeal Loss
A woman who filed a malpractice lawsuit against her lawyer that Colorado justices found was untimely in a personal injury case has dropped the suit.
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August 06, 2024
'Rust' Prosecutor Says Confused Judge Tossed Baldwin Case
A New Mexico prosecutor has denied hiding exculpatory evidence or lying under oath during Alec Baldwin's botched trial in the "Rust" shooting, contending in a court filing that a confused judge wrongly threw out involuntary manslaughter charges against the actor.
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August 06, 2024
Atty Rips Lawyer's Suit Over $30K Law School Loan Judgment
A Florida employment lawyer's "absurdly long" federal complaint alleging his onetime romantic partner and her attorneys conspired with a Wells Fargo consultant to concoct a vexatious lawsuit against him should be trimmed, one defendant argued Tuesday, noting that an underlying judgment was entered against the plaintiff.
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August 06, 2024
Ga. Judge Pauses ICE Doctor's Podcast Defamation Suit
A Georgia federal judge agreed Monday to put the brakes on a former immigration facility doctor's defamation suit against Amazon and podcast publisher Wondery until the judge can decide whether the two media companies can be let out of the suit.
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August 06, 2024
Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.
The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.
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August 06, 2024
UnitedHealth Unlawfully Denies Device Coverage, Suit Says
A medical equipment maker accused UnitedHealth Group Inc. of creating a "soft denial system" to unlawfully deny payments for glucose monitoring devices, telling a Michigan federal court that thousands of claims worth more than $1 million have gone unpaid.
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August 05, 2024
Epstein's Advisers Must Face Victims' Proposed Class Action
A New York federal judge on Monday refused to throw out a putative class action against associates of Jeffrey Epstein, yet also held that one of the victims couldn't pursue her claims in a 2021 liability release that is "about as broad and categorical as it gets."
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August 05, 2024
Chamber Tells Pa. Justices To Keep Gov't Suit Damages Cap
The U.S. Chamber of Commerce has urged the Pennsylvania Supreme Court to uphold the constitutionality of a $250,000 damages cap for personal injury suits against state agencies, saying to not do so would "foist an uncapped tort liability scheme" with a "ruinous financial impact" on the Keystone State.
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August 05, 2024
Conn. Gunmaker Says Mass Shooting Cases Belong In Colo.
Connecticut-based gunmaker Sturm Ruger & Co. Inc. wants two lawsuits surrounding a March 2021 mass shooting at a King Soopers grocery store in Boulder, Colorado, dismissed from Connecticut state court, arguing that Connecticut is an inconvenient place to litigate a massacre that occurred two time zones away.
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August 05, 2024
Monsanto PCB Appeals Win Has Shallow Impact, Families Say
A group of families suing Monsanto alleging they were poisoned by chemicals at a Washington school has told a trial judge their case can't be limited by the state's 12-year statute of repose for product liability claims, even though an appellate court did just that in a related case.
Expert Analysis
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.
A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.
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How Facilities Can Address Legal Risk Of Wandering Patients
Wandering behavior in acute care facilities is a challenging healthcare issue rife with legal ramifications, so it's crucial for facilities to perform the correct risk assessments and appropriate interventions, says legal nurse consultant Marilyn McCullum.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Best Practices For Untangling Mass Tort Claimants' Liens
Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.
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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.