Personal Injury & Medical Malpractice

  • June 26, 2024

    Ex-Worker Says NC Justices Needn't Review Carcinogen Test

    A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.

  • June 26, 2024

    NHTSA Declines Calls For 'More Robust' Truck Safety Guards

    Roadway safety advocates are chiding the National Highway Traffic Safety Administration after it rejected requests for stricter requirements on rear impact guards on semitruck trailers, used to protect passenger vehicles that crash into the back of trailers, calling the decision "indefensible."

  • June 26, 2024

    NJ Cos. Can't Toss Contamination Claim In Green Groups' Suit

    A New Jersey federal judge won't let NL Industries Inc. and a subsidiary escape claims by two environmental groups under the Resource Conservation and Recovery Act, saying it's undisputed that the companies are considered persons who handled hazardous waste.

  • June 26, 2024

    Red Roof Trafficking Case Settled In Middle Of Trial

    The corporate owners of two Red Roof Inn locations in Atlanta and 11 women who claim they were trafficked there for years without intervention have reached a midtrial settlement ending the case.

  • June 26, 2024

    NJ Panel Tosses Malpractice Suit Over COVID-19 Death

    A New Jersey appellate panel on Wednesday dismissed medical malpractice claims against a nursing home and doctor who discharged a patient without waiting for the results of her COVID-19 test, which turned out to be positive, an omission that preceded the death of her husband from the virus.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    Ga. Panel Affirms Child Care Center Win In Car Crash Row

    The Georgia Court of Appeals has upheld a trial court's order granting judgment to a University of Georgia child care center in an auto accident suit, holding the center's attendance policy for employees isn't enough to hold it liable for a crash that took place during a teacher's commute. 

  • June 26, 2024

    Tennis Player Looks To Preserve $9M Verdict Against USTA

    Tennis pro Kylie McKenzie has urged a Florida federal court to keep intact a $9 million judgment and deny the U.S. Tennis Association's bid for a new trial, arguing the organization is liable for the sexual assault she suffered at the hands of her coach.

  • June 26, 2024

    Pa. Justices Won't Hear Elliott Greenleaf Atty's $11M Fee Fight

    The Pennsylvania Supreme Court will not review decisions denying a former Elliott Greenleaf attorney a cut of an $11 million referral fee for a personal injury client, after lower courts found a letter from the client requesting that the lawyer be paid was not valid and otherwise presented too late.

  • June 25, 2024

    FAA Not Off The Hook In Nevada Plane Crash, 9th Circ. Rules

    The Federal Aviation Administration has been dragged back into a $6.5 million lawsuit accusing it of causing a fatal single-engine plane crash, killing its pilot and passenger, after the Ninth Circuit ruled that the agency's air traffic controller breached his duty of reasonable care.

  • June 25, 2024

    $9.9M Settlement OK'd In Nev. School District Child Abuse Suit

    A Nevada federal judge has approved a deal between a family and the Clark County School District ending claims that it abused their nonverbal autistic child with a $9.95 million settlement.

  • June 25, 2024

    Norfolk Southern Torched In NTSB Final Derailment Findings

    Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.

  • June 25, 2024

    Sandy Hook Families Split Over Alex Jones Ch. 7 Stay Ask

    Two groups of plaintiffs that hold more than $1.5 billion in combined claims against right-wing conspiracy theorist Alex Jones and his online media network have differing views on how those claims should be collected, taking opposite stances on a Chapter 7 trustee's request to pause collection actions against Jones' company.

  • June 25, 2024

    Flint Judge Wants To Keep City 'Motivated' To Fix Lead Pipes

    A Michigan federal judge on Tuesday all but approved a proposal from the state to step in and help the city of Flint finish replacing lead water service lines and restoring properties for residents, noting the city's repeated failures to meet its obligations under a 7-year-old settlement agreement.

  • June 25, 2024

    Conn. Firefighters Sue Over PFAS In Protective Gear

    Connecticut firefighters slapped 3M, DuPont and 17 others with a proposed class action on Tuesday, alleging they have been exposed to dangerous levels of per- and polyfluoroalkyl substances, or PFAS, contained in their protective gear manufactured and sold by the companies.

  • June 25, 2024

    Cardinals Want Arbitration In, Family Out Of Defamation Suit

    The Arizona Cardinals, owner Michael Bidwill and their crisis communications company and law firm, which collectively lost an NFL defamation grievance by a former team executive earlier this year, now want a federal defamation suit sent to league-mandated arbitration.

  • June 25, 2024

    Texas Man Says Injury Claim Against Shell Can't Be Arbitrated

    A Texas man whose foot had to be amputated following an accident on a Nigerian offshore drilling rig is fighting a Shell subsidiary's bid to send the personal injury dispute to arbitration in the Netherlands, saying the company has been actively litigating the case for years.

  • June 25, 2024

    6th Circ. Revives Part Of Barge Worker's Lung Injury Suit

    The Sixth Circuit has revived a maintenance and cure claim brought by a former crew member on one of Marathon Petroleum Co. LP's barges, saying there's enough evidence to create a question of whether his lung deterioration manifested during his service on the vessel.

  • June 25, 2024

    Ga. Mom Calls Insurer's Escape Bid From Rape Suit 'Illusory'

    The mother of a minor who was allegedly kidnapped and raped after a shooting at an Atlanta-area skating rink said Monday that a bid by the rink's insurance company to escape liability cannot stand.

  • June 25, 2024

    Man Convicted Of Crypto-Motivated Break-Ins, Kidnappings

    A Florida man was convicted Tuesday in North Carolina federal court of leading a robbery crew that broke into people's homes, kidnapped them and stole Bitcoin and other cryptocurrency.

  • June 25, 2024

    Katt Williams Must Face Atlanta Assault Claims, Judge Says

    Katt Williams won't be able to escape a lawsuit brought by four women who say they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, after a Georgia federal judge allowed most of their case to go forward Tuesday.

  • June 25, 2024

    Law Firm Boss Admitted Breaking Ethics Rule, Regulator Says

    Connecticut attorney discipline authorities told a state court Monday that the managing partner of a Hartford-based personal injury and employment law firm cannot walk back an admission to a rule violation, reaffirming earlier calls to suspend Emanuele R. Cicchiello for threatening a criminal probe and downloading a departing junior attorney's personal emails.

  • June 25, 2024

    Schouest Bamdas Opens Dallas Office With 6-Partner Hire

    Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.

  • June 25, 2024

    USA Swimming's Suit Against Watchdog Can Continue

    A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.  

  • June 25, 2024

    Atlanta City Council To Consider $2M Settlement In Taser Case

    Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    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.

  • 4 PR Pointers When Your Case Is In The News

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    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.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    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.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    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.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    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.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    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.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    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.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    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.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    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.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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