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Personal Injury & Medical Malpractice
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June 21, 2024
Boeing, Spirit AeroSystems Say Blowout Suit Not Fit For Calif.
The Boeing Co. and Spirit AeroSystems Inc. are asking a California federal judge to throw out a suit from a group of passengers from Alaska Airlines Flight 1282, which experienced a midair door plug blowout in January, saying the California courts don't have jurisdiction over their claims.
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June 21, 2024
No Coverage For La Quinta Sex Assault Claims, Insurer Says
The insurer of a La Quinta Inn & Suites location told a Texas federal court it owes no defense or indemnity in an underlying state court lawsuit alleging the hotel negligently failed to prevent the sexual assault of a minor on its property.
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June 21, 2024
Costco Sued Over PFAS In Kirkland Brand Baby Wipes
Costco is facing a proposed class action over its fragrance-free "natural" baby wipes, which consumers claim are made with toxic levels of forever chemicals, rendering them unsafe for use on children.
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June 21, 2024
Ga. Panel Orders New Trial In $2M Case Over Car Accident
The Georgia Court of Appeals on Friday reversed a judgment, vacated an attorney fee award and ordered a new trial in a case in which a jury awarded a man $2 million in damages after he was rear-ended while heading home from work in 2018.
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June 21, 2024
Billing Report Order Was 'Overly Broad' In Injury Suit, Panel Says
A Georgia appeals court on Friday vacated a trial court order requiring a medical provider and its claims manager to produce a database report with financial and billing information during discovery in a car accident case, saying the order was overly broad and didn't do enough to protect the companies' confidential information.
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June 21, 2024
Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud
A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident.
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June 21, 2024
Alex Jones Can't Appeal Bankruptcy Order On Debt To Victims
A Texas federal judge has rejected Alex Jones' bid to appeal a bankruptcy court order that said he couldn't use his Chapter 11 case to avoid paying damages to the families of Sandy Hook victims, ruling that the legal substance of the right-wing radio host's proposed challenge had already been considered by the Fifth Circuit.
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June 21, 2024
Recovery Home Co. Sues Over Denial By Town's Zoning Panel
A New Jersey township's zoning board has been accused in New Jersey federal court of discriminating against recovering drug addicts and alcoholics by refusing to allow a recovery home to continue to operate in a residential area.
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June 21, 2024
Girardi Wants To Block Evidence Of Ex-Clients' Injuries At Trial
At the upcoming fraud trial of disgraced attorney Tom Girardi, his defense attorneys want to exclude any mention of the horrific injuries suffered by the clients he allegedly stole from, while prosecutors want to introduce evidence that he allegedly spent $25 million to fund the lavish lifestyle of his celebrity ex-wife.
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June 21, 2024
Wolverine Inks Deal To End PFAS Coverage Fight
Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."
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June 21, 2024
Seton Hall Denies Fault For Student's Death In COVID Isolation
Seton Hall University is asking a federal court to dismiss a wrongful death suit brought by the family of a student who died in mandatory isolation in her dorm room after testing positive for COVID-19 and then having an epileptic seizure.
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June 21, 2024
9/11 Firm Consultant Acted Alone In Depo Leak, 2nd Circ. Told
A New York law firm representing victims of the 9/11 terrorist attacks in a multidistrict litigation told the Second Circuit that a consultant who leaked a deposition transcript to the press acted by himself, asking an appellate panel to reverse millions of dollars in sanctions.
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June 21, 2024
Ohio Atty Reinstated After Flinging Feces-Filled Pringles Can
An Ohio criminal defense attorney suspended for filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center was reinstated this week, according to a court filing.
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June 21, 2024
'Rust' Armorer Can't Be Forced To Testify Against Baldwin
A New Mexico state judge on Friday denied prosecutors' request to grant immunity to a convicted "Rust" film armorer and compel her to testify at actor-producer Alec Baldwin's involuntary manslaughter trial in the fatal on-set shooting of a cinematographer.
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June 21, 2024
Justices Keep Domestic Abusers Disarmed, Clarify Bruen
The U.S. Supreme Court rejected a Texas man's constitutional challenge to a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms Friday, providing limited guidance to lower courts on how to apply the high court's Second Amendment historical analogue test.
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June 20, 2024
Attys In Chiquita Case Say Victims Can't Proceed Together
A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.
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June 20, 2024
GM's Cruise To Pay Calif. $112K Fine Over Robotaxi Crash
Cruise LLC agreed to pay a $112,500 penalty for mishandling its response to an October accident involving a pedestrian and one of its autonomous vehicles, and promised to disclose additional data on any collisions to California regulators under a settlement agreement approved Thursday.
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June 20, 2024
Ohio Landlord Settles DOJ's Sexual Harassment Suit
A Youngstown, Ohio, landlord and a property management company settled a sexual harassment suit filed by the U.S. Department of Justice, which had claimed the landlord repeatedly sexually harassed his female tenants while working for the management company.
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June 20, 2024
11th Circ. Upholds $2.5M Pelvic Mesh Verdict, Rules Suit Timely
The Eleventh Circuit on Thursday refused to throw out a woman's $2.5 million victory against Coloplast Corp. in a suit alleging she was implanted with defective pelvic mesh, saying the evidence does not support a conclusion that her claim was filed too late.
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June 20, 2024
Catholic Diocese Can't Duck Sex Abuse Suit, NC Justices Told
A Catholic diocese and a missionary organization can't escape child sex abuse claims by asserting a distinction between the perpetrators and enablers of such abuse under state law, a man suing over abuse he allegedly experienced as a teen has told North Carolina's top court.
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June 20, 2024
Ga. Jury Awards $2.35M To Victim Of Sig Sauer Misfire
A Georgia federal jury awarded over $2.35 million Thursday to a man who was shot when his Sig Sauer handgun accidentally fired in its holster, finding the company was negligent when it failed to put a trigger-mounted safety on its popular P320 pistol.
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June 20, 2024
Athletes Want Advocates Kept Out Of NCAA Trans Policy Fight
A group of female college athletes sought to keep the National Women's Law Center out of its transgender policy dispute with the NCAA, slamming the advocacy organization in Georgia federal court on Wednesday for its attack on the plaintiffs' "legitimate views on biology."
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June 20, 2024
Insurer Hit With Coverage Suit Over Ohio Grocery Shooting
Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.
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June 20, 2024
Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul
A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.
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June 20, 2024
Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case
The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.
Expert Analysis
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Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.