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Personal Injury & Medical Malpractice
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September 19, 2024
Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit
The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.
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September 19, 2024
10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea
The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.
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September 19, 2024
Dallas Judge's Ruling Leaves State Fair Gun Ban Intact
A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.
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September 19, 2024
Family Sues Union Pacific, Metra Over Fatal Crash
The family of a teenager who was hit and killed by a train while crossing railroad tracks on a foggy winter day has filed suit against the Union Pacific Railroad Co. and Chicago's commuter rail system, claiming they failed to put pedestrian safeguards in place.
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September 19, 2024
Conn. Justices Seem Open To Child Bond Claims In Injury Suit
Two Connecticut Supreme Court justices on Thursday seemed open to allowing parents to seek a new legal remedy for the impairment of their relationship with a child, with one justice observing that compensable losses aren't limited to "obligatory functions" under the state's existing tort law.
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September 19, 2024
Another Ill. Jury Deadlocks Over Zantac Cancer Claims
There was another mistrial declared on Wednesday in a lawsuit over claims that pharmaceutical company Boehringer Ingelheim's over-the-counter-drug for heartburn, Zantac, caused a man's cancer in a case brought by the Illinois man.
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September 19, 2024
Union Pacific Contractors Again Escape Texas Enviro Claims
A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.
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September 19, 2024
Boeing Beats Suit Over Workers' Love-Triangle Murder
A Washington federal judge has again tossed a lawsuit against Boeing over a love triangle that led a Boeing employee to murder his coworker, dismissing the case for good because the killing did not occur during working hours or at the workplace.
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September 19, 2024
Ohio Panel Says Landfill Death Suit Shouldn't Be Thrown Out
A split Ohio state appeals court has revived a wrongful death suit brought against waste management firm Rumpke Sanitary Landfill Inc. over a tree on its land that fell and killed a motorist passing a landfill, with one judge saying the company can't be held liable and another calling for new standards.
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September 19, 2024
Calif. Panel Rejects Malpractice Claim In Ambulance Crash Suit
A California appeals panel won't revive a woman's legal malpractice suit against her former attorney stemming from an ambulance crash suit that was filed too late, finding she also filed the malpractice suit outside the one-year statute of limitations.
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September 19, 2024
AT&T To Pay For Removal Of Hazardous Lake Tahoe Cables
A California sportfishing nonprofit on Wednesday told a federal court that an AT&T subsidiary has agreed to pay an estimated $1.5 million to remove its lead-clad telecom cables in Lake Tahoe to end litigation that the cables pose a health threat.
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September 19, 2024
Snapchat Settles Conn. Bitmoji Sex Assault Case
Snapchat parent company Snap Inc. has settled a Connecticut state court case accusing it of enabling sexual predators to convince their targets to meet them in person through the use of Bitmojis, which are cartoonish, youthful-looking caricatures of the platform's users.
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September 19, 2024
NY Knicks Owner Escapes Federal Sex Trafficking Claims
A California federal judge has dismissed sexual assault and trafficking claims against New York Knicks owner James Dolan, casting a hired massage therapist's accusations against him as "speculative" but leaving the door open for further litigation in state court.
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September 18, 2024
Stonewalling Justifies Cab Co. Atty's Deposition, Court Rules
A Florida appeals court ruled Wednesday that counsel for Yellow Cab Co. can be deposed after the company's president stonewalled a personal injury plaintiff by answering "I have no idea" to virtually every question at his deposition, saying "exceptional circumstances" warrant the second deposition.
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September 18, 2024
Fla. Jury Awards $5M To Teacher Injured In Car Crash
A Florida state court jury has awarded more than $5 million to a teacher involved in a 2022 vehicle collision, resulting in serious injuries to her back and neck following a trial in Jacksonville.
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September 18, 2024
Fla. Judge Won't Sanction Circle K Over Late-Produced Docs
A Florida judge Wednesday declined to sanction Circle K for failing to disclose the name of the contractor that inspected the gas pump where a woman was later killed, finding that the woman's family had failed to convincingly show that the company had deliberately schemed to hide the information.
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September 18, 2024
Wynn Resorts To Pay Investors $70M Over Misconduct Claims
Wynn Resorts, its former CEO Stephen Wynn and others have reached a $70 million settlement in Nevada federal court to end an investor class action accusing the hotel and casino giant of deceiving shareholders by covering up allegations of Wynn's sexual misconduct, according to a Tuesday filing.
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September 18, 2024
Feds Say Afghan Allies Can't Sue Over Kids' Visa Denials
The U.S. Department of Homeland Security urged a Virginia federal judge to toss a suit from Afghan allies who claim their children's visa applications were arbitrarily denied, saying the suit has no legal leg to stand on.
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September 18, 2024
VW Can't Nix $4.7M Mechanic's Brake Pad Asbestos Verdict
A Washington state appeals court has refused to throw out a $4.7 million verdict in favor of the estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads, rejecting the automaker's arguments that the evidence didn't support the verdict or that the jury instructions were wrong.
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September 18, 2024
Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit
A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.
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September 18, 2024
Combs Denied Bail, Feds Cite 'Massive' Trafficking Evidence
A Manhattan federal judge on Wednesday denied bail for Sean "Diddy" Combs, upholding an earlier detention order despite a pitch by the hip-hop mogul accused of violent sex trafficking to be released to his luxe Miami Beach island home while awaiting trial.
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September 18, 2024
Feds Delay Report Into Surfside Condo Collapse Until 2026
Federal investigators said a draft report into the June 24, 2021, collapse of the Champlain Towers in Surfside, Florida, that killed nearly 100 people won't be ready until 2026, instead of next year, after a series of holdups.
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September 18, 2024
DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse
The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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September 18, 2024
Harvard Rips Morgue Theft Appeal's Immunity Claim
Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.
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September 18, 2024
Mass. Appeals Court Backs Pot Shop's Arbitration Agreement
A Massachusetts medical marijuana dispensary can enforce an arbitration clause in its employment agreement even when it did not specify the rights a worker was waiving, an intermediate state appellate court has said.
Expert Analysis
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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A Crucial Step In Mediation: Preparing Your Client
Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.