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Personal Injury & Medical Malpractice
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June 13, 2024
Wawa Beats Suit By Man Who Lost Leg In Crash Outside Store
A New Jersey appellate court handed a victory to Wawa on Thursday, ruling that the convenience store didn't own the area outside the store where a customer lost his leg in a car accident while jaywalking and thus was not liable.
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June 13, 2024
Subway Can't Nix Arb. Award To Family Of Murdered Worker
A Texas appellate panel on Wednesday declined to vacate an arbitration award to the family of a woman killed while working at Subway after rejecting Subway's argument the neutral arbitrator's Facebook posts complaining about State Farm and its attorneys are evidence of bias, finding neither are involved in the underlying case in any way.
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
Cyclist's Widow Can Seek Punitive Award From Crashing Atty
A Colorado federal judge is allowing a bicyclist's widow to revise her lawsuit against the attorney whose car fatally crashed into her husband as he rode, granting a bid to include punitive damages under state law.
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June 13, 2024
FAA Chief Vows Diligent Boeing Oversight In Senate Hearing
The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.
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June 13, 2024
Norfolk Southern Slams Bid To Seal Reports In Derailment Suit
Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.
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June 13, 2024
Family Of Ashli Babbitt's Wrongful Death Suit Shipped To DC
The estate of Ashli Babbitt, a woman fatally shot by police during the Jan. 6, 2021, riot at the U.S. Capitol, will have to litigate a $30 million wrongful death lawsuit against the U.S. government in Washington, D.C., rather than in California, a California federal judge ruled.
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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Health Co. Execs Charged In $100M Adderall Sales Scheme
Two California digital healthcare company executives were charged in a first-of-its-kind case Thursday with scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.
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June 13, 2024
NJ Judge Denies Liberty Mutual's Recusal Bid in Accident Suit
A New Jersey federal judge will not step away from a construction accident coverage suit, ruling Liberty Mutual's recusal bid, which cited his failure to disclose his multiple policies with the insurer and a previous investigation over a missing jewelry claim, would potentially block hundreds of judges from presiding over similar cases.
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June 13, 2024
Starbucks Must Share Hot-Drink Training Info In Burn Suit
Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.
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June 13, 2024
Dechert Backs Special Master In Airline Mogul's Hacking Suit
Dechert LLP has said a special master got it right when she largely denied an airline tycoon's numerous bids to access allegedly privileged information in his suit seeking to prove an international hacking conspiracy, asking a North Carolina federal judge to affirm the decision.
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June 12, 2024
Oklahoma Justices Toss Tulsa Race Massacre Survivors' Suit
The Oklahoma Supreme Court on Wednesday dismissed a lawsuit brought by survivors of the Tulsa Race Massacre in the affluent Black community of Greenwood in 1921, acknowledging as legitimate their "grievance with the social and economic inequities" created by the decimation, but finding that it falls outside public nuisance doctrine.
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June 12, 2024
Indiana Hospital Gets $11M Leg Amputation Verdict Reversed
An Indiana state appeals court has upended a $1.3 million judgment — originally an $11 million verdict — awarded to a patient whose leg was amputated allegedly due to the negligence of a hospital, its physician and nurse, citing a slew of "cumulative errors" the lower court made during the trial.
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June 12, 2024
Judge Says Biden Admin Must Allow Show Loophole, For Now
A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.
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June 12, 2024
Miss. Social Media Age Law Faces Free-Speech Challenge
Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.
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June 12, 2024
NY AG, Firms Beat Cuomo Subpoenas In Sex Harassment Suit
Former New York Gov. Andrew Cuomo can't force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to produce information about an investigation into sexual misconduct accusations that forced him to resign, a federal judge ruled Wednesday, finding the firms were acting under the state attorney general's authority.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
Grad Student Says School Dismissed Her Over Health Issues
A graduate counseling student is suing a Colorado private university for failing to accommodate her fibromyalgia and other health conditions, alleging in a federal complaint that the school refused to grant her a degree based on issues related to her disabilities.
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June 12, 2024
Energy Co. Says Specialist Can't Get Arbitration Exemption
A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.
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June 12, 2024
Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told
A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship P320, counsel for the man told a Georgia federal jury Wednesday.
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June 12, 2024
Ex-WWE Employee's Sex Abuse Suit Paused For 6 Months
A former World Wrestling Entertainment Inc. legal staffer's sexual abuse and trafficking lawsuit against the company, WWE founder Vince McMahon and a former executive will remain paused until December, a Connecticut federal judge ordered, about two weeks after a prosecutor entered an appearance in the case.
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June 12, 2024
Transit Insurer Seeks To Limit Loss From $60M No-Fault Scam
A taxi and livery insurer told a Brooklyn federal judge Wednesday that it is pursuing settlement in its effort to recoup $3.2 million lost in a massive, $60 million no-fault scam led by a former clinic operator now headed for prison.
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June 12, 2024
Dershowitz Wants Jury To Decide Defamation Suit Against CNN
An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.
Expert Analysis
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.
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Rebuttal
High Court Should Maintain Insurer Neutrality In Bankruptcy
While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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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.