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Personal Injury & Medical Malpractice
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July 30, 2024
Psychedelics And The Law: A Midyear Review
A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.
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July 30, 2024
Baker Sterchi Expands Northwest In Merger With Seattle Firm
Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.
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July 30, 2024
Mich. COVID-19 Liability Law Shields Regular Healthcare Too
A 2020 law protecting healthcare providers and facilities from liability for their response to the early COVID-19 pandemic also applies to regular care provided during that time, a Michigan appellate panel said, finding that resources diverted because of the state's response affected other areas of care.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
11th Circ. Affirms Ga. Prison Officer Immunity For Strip Search
An Eleventh Circuit panel said that Georgia prison officers violated a woman's constitutional rights when they subjected her to a strip search and manual body cavity search during a visit to see her incarcerated husband, but precedent blocks it from overturning a ruling holding the officers were entitled to qualified immunity.
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July 29, 2024
Avon Hit With $24M Verdict For Janitor's Talc Exposure
A Cook County Circuit Court jury has awarded more than $24 million to the family of a former janitor who worked in one of Avon Products' Illinois facilities in the 1980s, finding the company negligently exposed him to asbestos-contaminated talc that caused him to develop mesothelioma.
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July 29, 2024
2nd Circ. Backs $44.6M For Feds In Deadly Navy Ship Crash
The Second Circuit has upheld a New York federal judge's decision ordering Energetic Tank Inc. to pay the federal government more than $44.5 million in damages and prejudgment interest for its oil tanker's role in a deadly August 2017 collision with a U.S. Navy destroyer in the Singapore Strait.
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July 29, 2024
Court Won't Revive Woman's Postpartum Hospital Fall Suit
A Minnesota appeals court declined Monday to reinstate a woman's claims against a hospital alleging that a nurse caused her to fall and hit her head by encouraging her to take a bath after giving birth, saying the trial court rightly found that her experts' opinions didn't do enough to establish her case.
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July 29, 2024
UCLA Faces Likely Preliminary Injunction Over Gaza Protests
A California federal judge said Monday that he plans to issue a preliminary injunction in a lawsuit filed by three Jewish UCLA students who allege they were discriminated against during a campus protest over Israel's invasion of the Gaza Strip, but he wants the parties to try first to craft one.
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July 29, 2024
Gas Refinery Co. On Hook For Worker's $1.6M Injury Award
An Ohio appellate panel has affirmed a $1.6 million award to an energy services worker who suffered serious injuries after thousands of gallons of jet fuel spilled onto him, saying there is sufficient evidence to support the $5.3 million verdict, which was later reduced.
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July 29, 2024
Wash. Says At-Home Rape Kit Law Targets Harm, Not Speech
Washington pushed back against a company's bid to pause enforcement of a ban on the sale of "DIY" DNA collection kits to sexual assault survivors, saying the prohibition is meant to prevent victims from being tricked into thinking the kit results will stand up in court.
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July 29, 2024
Subcontractor Partially Nixes Claims Over Defense Of MDL
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against one of its insurers in Texas federal court, while noting it's still pursuing its coverage demands against two other insurers.
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July 29, 2024
Sky Zone Operator Gets Injury Claims Sent To Arbitration
The operators of a Sky Zone-branded trampoline park in the Chicago area have successfully pushed out of court a father's claims that his son was injured at the facility, after an Illinois appellate panel ruled that an arbitrator must determine if the waiver agreement the mother signed is in fact enforceable.
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July 29, 2024
Amex Inks $3M Deal To Settle Girardi Bankruptcy Suit Claims
American Express reached a $3 million deal to settle claims brought by the Girardi Keese bankruptcy trustee accusing the credit giant's banking unit and another subsidiary of enabling $50.25 million in fraudulent transfers as part of the now-defunct law firm's scheme to defraud creditors.
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July 29, 2024
Magistrate Eyes Cuts To Norfolk Southern Investors' Suit
A New York federal magistrate judge has recommended tossing a portion of a securities suit filed against Norfolk Southern Corp. in the wake of the East Palestine, Ohio, train derailment, reasoning that the retirement funds serving as lead plaintiffs fell short of pleading standards.
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July 29, 2024
Blind Fan Says Baseball Apparel Website Is Inaccessible
The website for a popular baseball-themed apparel dealer is inaccessible to visually impaired viewers, a blind fan has claimed in a proposed class action filed in New York federal court on Monday.
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July 29, 2024
Senate To Vote On Bills To Protect Kids Online
The Senate is poised to vote on Tuesday on a package of two major bipartisan bills to protect children online that could represent a watershed moment in technology regulation.
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July 29, 2024
Gun Owner Says He Legally Carried When Sig Sauer Shot Him
A gun owner suing Sig Sauer Inc. alleging a faulty pistol went off in his holster and shot him in the leg is asking a North Carolina federal court to reject the gun company's bid to add a defense that he was breaking the law when it went off by concealing the weapon.
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July 29, 2024
Ex-Volunteer Hit With $30M Judgment For Filming Minor
A former youth swim team volunteer currently serving 25 years in federal prison for creating and distributing child pornography must pay $30 million to a girl he purportedly photographed in his bathroom without her knowledge when she was underage, a Connecticut state judge has ruled.
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July 29, 2024
Insurer Must Cover Driver's PIP Claim, Split Mich. Panel Says
An auto insurer must provide personal injury protection benefits to a policyholder's son who was injured in an out-of-state tractor-trailer crash, a split Michigan state appeals court ruled, finding that the man was not an owner or registrant of the tractor for purposes of the state's no-fault law.
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July 29, 2024
Sheriff Wants Discovery Halted In $11M Excessive Force Row
A Georgia county sheriff accused of using excessive force against a man who says he was wrongly arrested for groping the lawman's wife urged a Peach State federal court to pause discovery for a second time as it considers his motion to dismiss.
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July 29, 2024
Immigration Firm Wants Injunction In Trade Secret Fight
A Washington-based immigration law firm is arguing that a Colombian ex-employee helped a Houston immigration law firm poach its offshore employees in Colombia and copy its business model for building a large-scale firm, and that the court must declare a preliminary injunction to stop "irreparable harm."
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July 29, 2024
GSK Settles Ill. Zantac Cancer Suit
GlaxoSmithKline said Monday it has settled a lawsuit brought by an Illinois man who took the heartburn medication Zantac or its generic counterpart for more than 20 years and claimed the drug caused his prostate cancer.
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July 29, 2024
Mich. Justices Uphold Power To Pause Pandemic Deadlines
The Michigan Supreme Court affirmed Monday that it had the power to suspend case filing deadlines for three months at the onset of the COVID-19 pandemic, ruling the temporary measure was not an overreach of the judiciary's authority.
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July 29, 2024
$13.4M Death Verdict Appeal Voids Insurer Suit, Hanover Says
An 81-year-old woman who won a $13.4 million judgment against a group home where her son died in 2016 is asking the full Connecticut Appellate Court to overturn a panel's decision that allowed the defendant to appeal, while Hanover Insurance Co. said that a related lawsuit seeking to collect the judgment should be thrown out.
Expert Analysis
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
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.
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How 2023 Shaped Drug And Medical Device Legal Trends
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.
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Law Firm Strategies For Successfully Navigating 2024 Trends
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.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
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.
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5 Most Notable Class Action Standing Cases Of 2023
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.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
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.
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Attorneys' Busiest Times Can Be Business Opportunities
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.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
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.