Personal Injury & Medical Malpractice

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • August 01, 2024

    JPML Won't Form MDL Of 35 Acne Product Benzene Suits

    The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.

  • August 01, 2024

    Texas Juvenile Detention Centers Rife With Abuse, DOJ Says

    A U.S. Department of Justice investigation into the Texas Juvenile Justice Department found a widespread pattern of physical and mental abuse and sexual exploitation at state-run facilities, with a report released Thursday calling for widespread reforms in juvenile detention institutions.

  • August 01, 2024

    Judge Denies Bid For Financial Info Of Miami Official's Wife

    A Florida federal judge rejected a bid by two property developers seeking financial records of a Miami commissioner's wife in a garnishment hearing, saying Wednesday their claim isn't supported, although withholding them could work against the official claiming his salary can't be used to pay a $63.5 million judgment.

Expert Analysis

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

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