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Personal Injury & Medical Malpractice
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August 02, 2024
6th Circ. Upholds Federal Hospital's Win In Infant Death Suit
The Sixth Circuit has affirmed a judgment in favor of a U.S. government-funded hospital in a suit by a woman alleging malpractice caused the death of her son shortly after birth, finding the evidence supported a Kentucky federal judge's conclusion that doctors did not neglect the woman or the infant during delivery.
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August 02, 2024
McKinsey's $78M Opioid Deal With Health Plans Gets OK
A California federal judge said Friday he'll approve McKinsey & Co. Inc.'s $78 million deal to resolve claims on behalf of approximately 42,000 third-party payors, with class counsel receiving $15.1 million in fees, after the initial settlement was tweaked due to objections from some plaintiffs' attorneys.
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August 02, 2024
Pa. AG Wants More From Feds' Norfolk Southern Settlement
Pennsylvania's attorney general was concerned Friday that a proposed $310 million settlement with Norfolk Southern Railway — intended to cover the cleanup costs, civil penalties and community health concerns after a fiery 2023 derailment in East Palestine, Ohio — did not go far enough in making the railroad pay for healthcare costs or implement safety upgrades.
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August 02, 2024
Wolverine, Travelers Drop Coverage Claims Over PFAS Suits
Footwear company Wolverine and various Travelers units have agreed to end their coverage battle over underlying lawsuits accusing the company of injuring individuals through its leather tannery operations and exposing individuals to so-called forever chemicals, the parties told a Michigan federal court.
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August 02, 2024
Family Denied Quick Win In Insurer's $2M Nursing Home Suit
An insurer for a now-bankrupt Georgia nursing home doesn't have to cover a $2.1 million judgment awarded to the family of a woman who died in the facility's care, a federal judge ruled Friday, finding an agreement between the facility and the family released the facility from all liability.
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August 02, 2024
Boeing's New CEO To Steer Daunting Safety Culture Rebound
Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.
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August 02, 2024
Insurers Seek Quick Win In $2M Injury Coverage Suit
An AmTrust Financial unit and a Hartford unit each told a New York federal court that the other must solely cover a Manhattan property owner in a construction worker's $2 million injury action, disagreeing over whether the owner is an additional insured under the Hartford unit's policy covering a lessee.
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August 02, 2024
Full 6th Circ. Won't Allow Worker's Experts Back In Injury Suit
The full Sixth Circuit won't review a panel's decision to toss two expert witnesses a former Marathon Petroleum Co. LP barge worker relied on to support his claims that the company's failure to render prompt and proper treatment contributed to his worsening health.
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August 02, 2024
Mich. Judge DQ'd Over 'Disdain' Of Ineffective-Counsel Claims
A Michigan state judge showed bias in favoring a criminal defendant's trial counsel who had previously clerked for the court, a state appeals court found Thursday, disqualifying the judge from presiding over the defendant's ineffective-assistance of counsel hearing.
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August 02, 2024
Defamation, Assault Suit Among Ex-Atty Colleagues Trimmed
A Pennsylvania federal judge this week tossed part of a former Young Conaway Stargatt & Taylor LLP attorney's defamation suit against two former colleagues, saying the statements the colleagues made about his actions were found credible by a Delaware court when it confirmed a protection for abuse order.
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August 02, 2024
Prosecutors Back NJ Judicial Privacy Law's Constitutionality
Daniel's Law is a "commonsense" measure necessary to counter the surge in threats and violence against judges and law enforcement officers, and it places only a "modest" burden on commercial data brokers, federal prosecutors told a New Jersey federal court weighing the future of the law.
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August 02, 2024
Alec Baldwin's Prosecution Ripped In 'Rust' Order
A New Mexico judge who dismissed the "Rust" shooting case against Alec Baldwin has issued a scathing order finding that the lead prosecutor "intentionally and deliberately" withheld evidence from the defense, gave "inconsistent" testimony during an evidentiary hearing and elicited false testimony from a witness.
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August 02, 2024
More Tribes Suing Social Media For Teen Addiction, Suicides
Two more Native American tribes have filed suit against a slew of social media companies, alleging that over the past decade they've contributed to a growing body of research that directly links their platforms to a youth mental health crisis that's plaguing Indian Country.
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August 02, 2024
11th Circ. Reopens Emory Suit Over Sex Assault Hearing
Emory University must face a male student's suit claiming he was mistreated during a hearing about sexual assault accusations against him, the Eleventh Circuit ruled, saying he'd provided enough details to suggest the school's sexual misconduct policy created an implied contract between them.
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August 02, 2024
Four Plaintiffs Tossed From Merck Gardasil Vaccine MDL
A North Carolina federal judge has thrown out claims from four patients in multidistrict litigation alleging they suffered injuries as a result of taking Merck's Gardasil HPV vaccine, saying three of them didn't file a petition with the federal vaccine injury program on time, while the fourth never filed his petition at all.
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August 02, 2024
Off The Bench: NFL Reversal, Drone Spying, UFC Deal Tossed
In this week's Off The Bench, a bombshell ruling wipes out a $4.7 billion antitrust verdict against the NFL, Canada takes it on the chin for Olympic drone spying, and a nine-figure settlement to address UFC wage suppression is rejected.
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Male Sex Drug Labeled As 'Natural' Contains Viagra, Suit Says
Sellers of the male enhancement drug Ryder XL, purportedly made with natural herbal ingredients, are facing a proposed class action in New Jersey federal court that accuses them of "dosing" consumers with large amounts of Viagra and Cialis without a prescription of physician oversight.
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August 01, 2024
NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says
The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.
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August 01, 2024
Georgia Judge Can't Order Woman To Pay For Jury Costs
A Georgia appeals court on Thursday said a trial court erred when it ordered a woman who voluntarily dismissed a personal injury suit during jury selection to pay more than $2,000 for jury and bailiff costs, saying there is no statute authorizing such an order.
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August 01, 2024
Conn. Defense Attys Can Weigh In On Baby Injury Case
The Connecticut Supreme Court will allow a group of defense attorneys to file a brief in car seat litigation in federal court that could affect whether companies can be held liable under state law for the absence of a child's relationship with their parents.
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August 01, 2024
Porsche Escapes Pa. Suit Claiming Faulty Cooling Pipes
A Porsche owner can't pursue claims that his SUV's allegedly faulty cooling system allowed antifreeze vapors to waft into his vehicle's cabin, a Pennsylvania federal judge ruled, saying the driver couldn't prove with "a reasonable degree of medical certainty" that these fumes caused his long-term respiratory problems.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 01, 2024
No Sanctions In Mom's $13.4M Feud With Conn. Group Home
A Connecticut state court judge has ruled that no sanctions are immediately necessary in a post-verdict feud between a group home accused of dodging depositions and an 81-year-old mother seeking to collect a $13.4 million judgment surrounding her son's death.
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August 01, 2024
IAM Local, Car Dealership Settle Secondary Boycott Suit
An International Association of Machinists local and a Mercedes-Benz dealership told a California federal judge Wednesday that they've reached a deal to end claims that union-represented workers violated federal labor law by blocking a delivery truck from exiting a dealership during a strike.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
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.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
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.
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Corporate Insurance Considerations For Trafficking Claims
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.
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Insurance Types That May Help Cos. After Key Bridge Collapse
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.
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Exploring An Alternative Model Of Litigation Finance
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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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.