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Personal Injury & Medical Malpractice
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March 13, 2025
Colo. Appeals Court Affirms $2.6M Award To Car Crash Victim
A Colorado Court of Appeals panel on Thursday declined to throw out a jury's $2.6 million economic damages award to a car accident victim following arguments that her experts didn't explicitly state her medical expenses were of "reasonable value," finding the jury had enough information to reach their decision.
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March 13, 2025
Chubb Units Say Insurer Must Share $15M Explosion Costs
Another insurer must help cover the nearly $15 million two Chubb units spent settling injury claims against the owner and operator of a gas-processing plant that faced 15 underlying lawsuits stemming from a fatal explosion, the units told a Louisiana federal court.
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March 13, 2025
Pa. Dealership Settles Painter's Garage-Door Death Claim
The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.
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March 13, 2025
Alex Jones' Sandy Hook Atty Suspended Over Info Release
Former Alex Jones attorney Norm Pattis will be suspended from practicing law for two weeks, a Connecticut judge has ruled, capping a three-year ethics saga that started when Pattis asked an associate to send Sandy Hook families' medical records to the Infowars host's Texas bankruptcy lawyer.
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March 12, 2025
Phish Fans' Mellow Vibe Undercuts Injury Claims, Judge Hints
A Washington state appeals court expressed skepticism Wednesday that Phish and Live Nation could have seen foreseen assaults that injured two concertgoers at an outdoor show, with one judge suggesting the jam band's vibes are more in tune with the mellow atmosphere of a Grateful Dead show than a raucous rock concert.
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March 12, 2025
Cancer Cause Or Red Herring? Jury Weighs Plant Bellwether
A medical sterilization company told a Colorado jury Wednesday that four women can't get millions in damages based on the "possibility" that emissions from a sterilization plant caused their cancer, at the close of a six-week trial in which the plaintiffs argued the company should be punished for its negligence.
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March 12, 2025
Starbucks Spill Left Little Permanent Damage, LA Jury Told
Starbucks Corp. sought to limit damages Wednesday after being found fully at fault for the spill of a scalding drink, bringing a psychiatrist and a reconstructive surgeon to court to testify that a delivery driver's injuries have healed well.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
Panel Decries Judge's Watergate Remarks, Axes $2M Verdict
A Florida appeals court on Wednesday vacated a $2 million verdict in a slip-and-fall suit against Walmart, saying the trial court's comments that allegedly missing video evidence was akin to Nixon's actions in the Watergate scandal signaled his preconceived notion that the company improperly destroyed evidence.
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March 12, 2025
Mo. Court Finds Exclusion Bars Mallinckrodt Opioid Coverage
A group of insurers have no coverage obligations under certain policies issued to drugmaker Mallinckrodt as a trust created from the company's first bankruptcy seeks to resolve underlying opioid claims with the help of insurance benefits, a Missouri state court ruled, finding a "your products" exclusion applicable.
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March 12, 2025
Auto Lender, Repo Co. Sued Over Would-Be Jeep Grab
A Georgia couple hit their auto lender and a repossession company with a lawsuit Tuesday alleging that they were ambushed in a parking lot and terrorized by a gun-toting repo man, leaving one of them hospitalized with an anxiety attack.
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March 12, 2025
'Negligent' Delta Flight Crew Caused Crash Landing, Suit Says
Delta Air Lines has been hit with another round of federal lawsuits over the "devastating crash" in Toronto in which its plane flipped upside down and caught fire, with passengers from Texas and Minnesota blaming the incident on the "negligence and recklessness" of the flight crew.
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March 12, 2025
NFL Wants Out Of Fan's Suit Over Stadium Detainment
The National Football League is urging a New Jersey state judge to dismiss it from a lawsuit brought by a fan claiming he was assaulted and wrongly detained during a game at MetLife Stadium, stressing that the league itself played no role in the alleged incident.
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March 12, 2025
DOJ Drops Sex Abuse Suit Against Migrant Youth Shelter
The U.S. Department of Justice and the nation's largest unaccompanied migrant children's shelter moved Wednesday to kill a suit accusing the shelter of turning a blind eye to its employees raping, sexually abusing and harassing children in its care.
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March 12, 2025
Publix Policies Don't Cover Opioid Claims, Court Says
Insurers for Publix have no duty to defend or indemnify the supermarket chain in dozens of public nuisance lawsuits related to the opioid crisis, a Florida federal court said Wednesday, following Publix's renewed request that the court enter a final judgment so it could proceed with appeal.
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March 12, 2025
Mich. Justices Urged To Break Long Silence On Doc Dumping
An attorney for the estate of a crash victim asked Michigan's highest court to reinstate a lawsuit against a truck driver's employer and sanctions for tossing records in a dumpster, saying the case was an opportunity for the court to break its silence on the issue of destroying evidence.
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March 12, 2025
Second Bid For Roundup Mass Tort Launched In New Jersey
A second application for lawsuits against Monsanto Co. and Bayer AG alleging injuries by exposure to the company's weed killer Roundup to be designated as multicounty litigation has been filed with the New Jersey Supreme Court, according to a notice to the bar.
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March 12, 2025
Calif. Funeral Home 'Preys Upon' Latino Families, Suit Says
A Sacramento funeral home was sued in California state court Tuesday for allegedly sending a deceased man's body to El Salvador in a "shocking state of decomposition" as part of a larger pattern of exploiting the Latino community with substandard services.
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March 12, 2025
Weinstein Evidence Takes Shape Ahead Of Retrial In NY
A New York state judge on Wednesday ruled on evidentiary issues ahead of Harvey Weinstein's retrial on rape and sexual assault charges, as his overturned conviction — vacated due to improperly admitted evidence — loomed over the proceedings.
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March 12, 2025
Buzbee, Ex-Client Say Roc Nation Can't Exit Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation "spearheaded" efforts to launch malpractice suits against the Buzbee Law Firm in retaliation for a lawsuit the firm filed accusing the rap star of rape, so it cannot exit a Texas federal suit over that effort by claiming a lack of jurisdiction, the firm said.
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March 12, 2025
Tony Buzbee Accused Of Duping Another Seaman
Texas personal injury attorney Tony Buzbee and his firm have been hit with another lawsuit from a seaman who alleges that the firm misappropriated payments he received after a 2020 ship injury.
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March 12, 2025
Awning Maker, Feds Settling Safety Defect Claim
A Massachusetts awning manufacturer and the government told a federal judge Tuesday they are finalizing a settlement of civil claims that the company intentionally hid a safety defect that led to injuries and one death.
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March 11, 2025
Ex-NFL Cornerback Wants Colo. Assault Suit Tossed
An embattled former Las Vegas Raiders cornerback has urged a Colorado federal judge to throw out civil claims from a woman he supposedly knocked unconscious in 2023, saying the plaintiff hasn't met the monetary pleading threshold because her claimed damages are all either speculative or covered by Medicaid.
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March 11, 2025
Ga. Appeals Court Backs Stroke Patient's $75M Med Mal Win
A Georgia appellate panel has affirmed a $75 million verdict won by a stroke patient who alleged that his doctors at an Atlanta-area emergency room failed to diagnose his condition in time to save him from developing complete bodily paralysis.
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March 11, 2025
NJ Justices Say NY Doc Can't Be On Med Mal Verdict Form
The New Jersey Supreme Court ruled Tuesday that an anesthesiologist accused of causing a patient's death during surgery can't have the verdict sheet at the upcoming trial apportion blame to a New York doctor who was never named as a party in the suit.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.