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Personal Injury & Medical Malpractice
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Colo. Judges Probe Broadcaster's Liability For On-Air Claims
Colorado appellate judges on Tuesday asked a former executive for Dominion Voting Systems to explain how exactly a radio broadcaster is liable in a defamation suit over on-air statements alleging the former executive was responsible for rigging the 2020 election against former President Donald Trump.
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August 06, 2024
Astroworld MDL's Special Master Owed Nearly $60K In Fees
The special master appointed to oversee discovery disputes in civil litigation stemming from the deadly 2021 Astroworld festival racked up nearly $60,000 in fees and expenses, according to a trial court order issued Monday.
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August 06, 2024
CPSC Makes Moves On Powers Of Recall Over Amazon
The U.S. Consumer Product Safety Commission's recent decision that Amazon is legally responsible for recalling hundreds of thousands of unsafe products sold on its site is a big step forward for the agency in its authority over online platforms that sell third-party products, although the opinion is still limited to the sorts of products at issue, attorneys say.
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August 06, 2024
NC Panel Says $40M Award Fitting For Drunken Driving Crash
A North Carolina state appeals court on Tuesday refused to vacate a $40 million verdict against a drunken driver and the owner of a car involved in a fatal head-on collision, saying there's no reason to disturb what it described as the largest drunken driving verdict in the state's history.
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August 07, 2024
Dinsmore Adds 5-Atty Litigation Group From Bricker Graydon
Dinsmore & Shohl LLP announced Tuesday that a five-person litigation team led by a healthcare partner with over 30 years of experience joined the firm's Columbus, Ohio, office from Bricker Graydon LLP.
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August 06, 2024
Plaintiff Drops Atty Malpractice Suit Filed After Appeal Loss
A woman who filed a malpractice lawsuit against her lawyer that Colorado justices found was untimely in a personal injury case has dropped the suit.
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August 06, 2024
'Rust' Prosecutor Says Confused Judge Tossed Baldwin Case
A New Mexico prosecutor has denied hiding exculpatory evidence or lying under oath during Alec Baldwin's botched trial in the "Rust" shooting, contending in a court filing that a confused judge wrongly threw out involuntary manslaughter charges against the actor.
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August 06, 2024
Atty Rips Lawyer's Suit Over $30K Law School Loan Judgment
A Florida employment lawyer's "absurdly long" federal complaint alleging his onetime romantic partner and her attorneys conspired with a Wells Fargo consultant to concoct a vexatious lawsuit against him should be trimmed, one defendant argued Tuesday, noting that an underlying judgment was entered against the plaintiff.
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August 06, 2024
Ga. Judge Pauses ICE Doctor's Podcast Defamation Suit
A Georgia federal judge agreed Monday to put the brakes on a former immigration facility doctor's defamation suit against Amazon and podcast publisher Wondery until the judge can decide whether the two media companies can be let out of the suit.
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August 06, 2024
Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.
The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.
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August 06, 2024
UnitedHealth Unlawfully Denies Device Coverage, Suit Says
A medical equipment maker accused UnitedHealth Group Inc. of creating a "soft denial system" to unlawfully deny payments for glucose monitoring devices, telling a Michigan federal court that thousands of claims worth more than $1 million have gone unpaid.
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August 05, 2024
Epstein's Advisers Must Face Victims' Proposed Class Action
A New York federal judge on Monday refused to throw out a putative class action against associates of Jeffrey Epstein, yet also held that one of the victims couldn't pursue her claims in a 2021 liability release that is "about as broad and categorical as it gets."
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August 05, 2024
Chamber Tells Pa. Justices To Keep Gov't Suit Damages Cap
The U.S. Chamber of Commerce has urged the Pennsylvania Supreme Court to uphold the constitutionality of a $250,000 damages cap for personal injury suits against state agencies, saying to not do so would "foist an uncapped tort liability scheme" with a "ruinous financial impact" on the Keystone State.
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August 05, 2024
Conn. Gunmaker Says Mass Shooting Cases Belong In Colo.
Connecticut-based gunmaker Sturm Ruger & Co. Inc. wants two lawsuits surrounding a March 2021 mass shooting at a King Soopers grocery store in Boulder, Colorado, dismissed from Connecticut state court, arguing that Connecticut is an inconvenient place to litigate a massacre that occurred two time zones away.
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August 05, 2024
Monsanto PCB Appeals Win Has Shallow Impact, Families Say
A group of families suing Monsanto alleging they were poisoned by chemicals at a Washington school has told a trial judge their case can't be limited by the state's 12-year statute of repose for product liability claims, even though an appellate court did just that in a related case.
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August 05, 2024
Pa. Diocese Sex Assault Suit Tossed For Lack Of NJ Links
A New Jersey appeals court has affirmed the dismissal of a woman's suit alleging that a Pennsylvania priest sexually assaulted her starting in 1974, saying the Diocese of Allentown's connections to the Garden State aren't related to her claims.
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August 05, 2024
Iran Ordered To Pay Nearly $2B To USS Cole Bombing Victims
Iran must pay nearly $2 billion to the survivors and families of sailors killed during the 2000 terrorist bombing of the USS Cole, a D.C. federal court ordered Friday.
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August 05, 2024
GSK Wins Second Ill. Trial On Zantac Cancer Claims
A Chicago jury held Monday that GlaxoSmithKline is not liable for a woman's colorectal cancer, handing the drugmaker a second straight trial victory in hundreds of Illinois suits targeting Zantac heartburn medication and its generic counterparts.
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August 05, 2024
Nursing Home Flubs Make Reports Fair Game, NJ Justices Say
Two Garden State healthcare facilities failed to follow state regulations in after-incident reviews, making the normally privileged reports accessible to plaintiffs, the New Jersey Supreme Court ruled Monday.
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August 05, 2024
Lehigh University Says Hazing Suit Is Too Late, In Wrong State
Lehigh University wants a Connecticut federal judge to dismiss a student's complaint accusing it of failing to prevent physical and mental injuries inflicted during an alleged fraternity hazing, saying the student chose the wrong place to sue and waited too long to file his negligence claims.
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August 05, 2024
GM Slams Investors' Suit Alleging AV Tech Lapses
General Motors has asked a Michigan federal court to dismiss a proposed securities fraud class action alleging it downplayed safety concerns about its autonomous vehicle technology, arguing the investors have contorted definitions of safety terms to bolster the suit.
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August 05, 2024
Black Ice Assumption Can't Save Hospital Slip-And-Fall Suit
A Pennsylvania appeals panel on Monday threw out a woman's suit against a Conemaugh hospital over her slip and fall in the parking lot, saying her own presumption that she must have slipped on black ice is not enough to show that the hospital knew or should have known about it.
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August 05, 2024
Judge Mostly Preserves Md. Firearm Restrictions
A Maryland federal judge has granted a permanent injunction blocking some provisions of a Maryland law restricting where residents can publicly carry firearms, while allowing the bulk of its restrictions to remain in effect.
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August 05, 2024
Girardi's Defense May Stand On His Deteriorating Mind
Although a federal judge ruled disbarred lawyer Tom Girardi mentally competent to stand trial this month for wire fraud, the 85-year-old's defense team may use his dementia diagnosis to attack prosecutors' allegations he knowingly and intentionally stole millions of dollars from his clients, experts said.
Expert Analysis
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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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.