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Personal Injury & Medical Malpractice
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October 07, 2024
High Court Won't Look At Alabama Frozen Embryo Decision
The U.S. Supreme Court on Monday said it won't consider a challenge to a first-of-its-kind Alabama state court ruling that frozen embryos are legally children.
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October 07, 2024
Justices Turn Down Pa. Ex-Museum Worker's Retaliation Suit
The U.S. Supreme Court on Monday declined to consider whether a former employee of the Frick Art and Historical Center in Pittsburgh had proved he was fired in retaliation for requesting accommodation for an injury.
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October 07, 2024
Justices Won't Take Up Poll Watchers' Fight Against Dominion
The U.S. Supreme Court on Monday ended a group of Michigan poll watchers' efforts to revive their civil rights class action against Dominion Voting Systems, ending their claims they received letters demanding they stop defaming the company.
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October 07, 2024
Justices Won't Take Juror Family Bias Case
The U.S. Supreme Court said Monday it won't review whether a deceased Washington woman's medical malpractice claim deserves a new trial because two prospective jurors had relatives who had been treated by one of the defendants.
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October 07, 2024
R. Kelly's Child Porn Conviction Won't Get High Court Review
The U.S. Supreme Court refused Monday to review R. Kelly's conviction and 20-year sentence on child pornography and inducement charges.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies
A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."
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October 04, 2024
Circle K Avoids Trial, Settles Suit Over Gas Pump Death
The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.
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October 04, 2024
Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed
Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.
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October 04, 2024
High Court Agrees To Hear Hamas Banking Case
The U.S. Supreme Court on Friday agreed to take up a Lebanese bank's bid to end a suit brought by victims of Hamas terrorist attacks, which the bank argued is settled because the victims waited too long to move to vacate a lower court's judgment in the bank's favor.
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October 04, 2024
Death Suit Coverage Dispute Must Be Heard In State Court
An Oklahoma federal court declined jurisdiction over an insurer's coverage dispute against a construction company stemming from an underlying wrongful death lawsuit, finding that keeping the action in federal court wouldn't settle the controversy and would "impede upon principles of federal-state comity."
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October 04, 2024
State Fair Case Creates Tension For Gun And Property Rights
The State Fair of Texas kicked off a week ago with its usual offerings of splashing neon and deep-fried Oreos, but with its opening the fair has become the center of a legal question the Texas Supreme Court may have difficulty wrangling as it seeks to sort out the tension between the rights of gun owners and property owners.
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October 04, 2024
Insurer May Pay Only 1 Fla. Mass Shooting Victim
An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida federal judge ruled.
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October 04, 2024
Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing
In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.
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October 04, 2024
Denver Charity Drops Fraudulent Grant Coverage Fight
A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
NY Appeals Court Won't Trim Sex Abuse Coverage Dispute
A New York state appeals court upheld a lower court's ruling declining to dismiss The Rockefeller University's claims that its insurers acted in bad faith and conducted deceptive trade practices while handling the university's coverage request for underlying allegations of sexual abuse.
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October 04, 2024
High Court Will Hear Mexico's Suit Against Gun Cos.
The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.
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October 03, 2024
Masseuse's Claim Must Be Arbitrated, Cruise Line Says
Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.
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October 03, 2024
NC Woman Sues Duke Energy Over Coal Ash Management
A Catawba County woman has hit Duke Energy with a lawsuit in a North Carolina state court asserting that contamination stemming from its management of coal ash waste caused her to develop kidney cancer.
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October 03, 2024
Fla. Judge Denies 'Piecemeal' Suit Against Scientology Leader
A Florida federal judge Thursday refused to lift a stay on a lawsuit over trafficking claims against the Church of Scientology, denying a motion to allow "piecemeal" litigation to proceed against church leader David Miscavige even though he was never included in a previous order to compel arbitration.
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October 03, 2024
10th Circ. Denies Gunshot Injury Coverage To Hookah Lounge
The Tenth Circuit backed an insurer's win Thursday against a hookah lounge seeking coverage of underlying litigation over paralyzing gunshot wounds a man suffered in 2019 during a shootout between lounge security guards and an armed patron.
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October 03, 2024
Ex-Hedge Fund Star Won't Get Additional $14.4M
A former D.E. Shaw & Co. managing director isn't owed an additional $14.4 million in deferred compensation after winning a $52 million award for defamation from a Financial Industry Regulatory Authority arbitration panel, a New York appeals court affirmed Thursday.
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October 03, 2024
NYPD, Eric Adams Sued Over Shooting By Off-Duty Cop In NJ
Embattled New York City Mayor Eric Adams and his police force were hit with a $300 million lawsuit by a New Jersey man who was left with quadriplegia after he was shot in the head by an off-duty cop with a known drinking problem, which the plaintiff casts as a symptom of the department's "accepted alcohol culture."
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
Expert Analysis
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.