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Personal Injury & Medical Malpractice
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October 29, 2024
Court Closure Sought Over Taunts By Florida Gun Shop Owner
The Connecticut Attorney General's Office urged a state judge to protect the identity of its investigator in filings and to close the courtroom during their testimony at trial in a lawsuit alleging a Florida company deceptively sold do-it-yourself gun kits, saying anonymity is needed because of the owner's online taunts.
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October 29, 2024
Ga. Judge Says Merger Of BioLab Fire Cases Imminent
A Georgia federal judge said Tuesday that within the week, she would likely consolidate most if not all of the nearly 20 lawsuits filed against chemical manufacturer BioLab Inc. in the aftermath of a massive industrial fire at its Conyers, Georgia plant last month.
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October 29, 2024
NJ Judge Exits Disbarred Atty's Suits Over Ties To State Bar
A disbarred New Jersey civil rights attorney persuaded a New Jersey federal judge to recuse herself from cases he has pending before her due to the "slim, but conceivable chance" of an appearance of impropriety stemming in part from her time as president of the New Jersey State Bar Association.
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October 29, 2024
5th Circ. Revives Pilots Union's Dispute With Southwest
The Fifth Circuit has revived a union's dispute with Southwest Airlines over alleged retaliation against a worker for his union activity and sent it back to Texas federal court, saying the legal fight qualifies for an exception to the Railway Labor Act's mandatory arbitration rule.
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October 29, 2024
Circuit Judge Rips Atty's 'Unearned Windfall' In Liability Case
Although the Sixth Circuit has affirmed a decision awarding roughly $353,000 to a Texas attorney in a decadelong fee dispute over his representation of a client in a product liability case, one circuit judge expressed "extreme disapproval" over the lawyer's conduct in the matter.
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October 28, 2024
Union Pacific Told To Face Injury Retrial With Reinstated Expert
Railroad giant Union Pacific must face retrial against an injured worker after a California appeals court ruled that an expert with decades of rail experience but no formal accident-analysis training was wrongly blocked from telling a jury how a freight train behaves when starting up.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
Sterigenics Says Residents Can't Tie Harms To Ethylene Oxide
Medical sterilization company Sterigenics US LLC and its parent, Sotera Health LLC, are asking a Georgia state judge to exclude expert testimony put forward by Peach State residents alleging their ethylene oxide emissions harmed them, and to dismiss the residents' claims against them.
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October 28, 2024
Wash. AG Candidates Clash On Consumer Protection, Guns
The candidates vying to replace Washington Attorney General Bob Ferguson, who carved out a national reputation as an antitrust champion, present starkly different visions on whether to build upon his tenure or reverse course, clashing not just on consumer protection, but also gun safety and access to reproductive care.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
Judge Hopes To Avoid Vote Issue Repeat In Talc Ch. 11 Plan
A Delaware bankruptcy judge on Monday told a pair of talc producers that the proposed creditor voting procedures on their joint Chapter 11 plans will need some work to avoid a repeat of the voting problems that derailed a previous attempt to settle asbestos injury claims.
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October 28, 2024
Consciousness Not A Factor In $15M Pain And Suffering Verdict
A urological surgeon can't trim a $15 million jury verdict awarded to the wife of an octogenarian patient who died due to the doctor's alleged negligence, a Georgia state appeals court has ruled, rejecting arguments that a patient can't get pain and suffering damages because he was mostly unconscious.
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October 28, 2024
Apple Says Section 230 Dooms ICloud Child Porn Claims
Apple urged a California federal judge to throw out a proposed class action Friday alleging it has engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, arguing that the claims are barred by Section 230 of the Communications Decency Act.
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October 28, 2024
Flint Bellwether Delayed On Eve Of Trial, Again
A Michigan federal judge delayed Monday a bellwether trial set to determine if a water engineering firm was professionally negligent for its role in the Flint water crisis one day before jury selection was scheduled to begin and without explanation.
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October 28, 2024
Judge Tosses Hearing-Loss MDL Bellwether With Voided Law
Horizon Pharmaceuticals Inc. on Monday was able to remove one of the 12 cases selected as bellwethers in multidistrict litigation over claims that its thyroid eye disease treatment causes hearing loss, relying on a repealed Michigan law to create a dismissal-worthy conflict.
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October 28, 2024
'Mutual Combat' Halts Revival Of Ga. Eatery Shooting Claims
The mutual combat doctrine dooms a premises liability claim a Georgia man filed against a property owner after he was shot outside an Atlanta-area Ethiopian restaurant by a convicted felon working security, the Georgia Court of Appeals ruled Monday.
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October 28, 2024
Feds Defend DEI Monitor Provision In Boeing Plea Deal
The U.S. Department of Justice said it will consider diversity and inclusion when it picks an independent compliance monitor for The Boeing Co. under a proposed plea agreement in the company's criminal conspiracy case, reassuring a Texas federal judge that the selection process will be rigorous.
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October 28, 2024
NJ Diocese Gets Insurer's Abuse Coverage Suit Tossed
A New Jersey federal court tossed an insurer's suit seeking to escape coverage for more than 200 sexual abuse lawsuits brought against the Catholic Diocese of Trenton, saying Monday the suit "relies on a strictly hypothetical controversy that may never occur."
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October 28, 2024
Transgender Inmate's Suit Meets Skeptical 2nd Circ. Judge
A Second Circuit judge pressed counsel for a transgender inmate Monday to explain how prison officials in Connecticut were supposed to know that their failure to refer the inmate to specific gender dysphoria treatment would constitute cruel and unusual punishment, noting that relevant case law may not have put them on notice.
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October 28, 2024
Wrongful Death Coverage Capped At $1M, Zurich Says
Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
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October 28, 2024
Tesla Atty Faces Sanctions Bid Over Mediation Appearance
Tesla and an in-house attorney are facing a sanctions bid in California federal court for reportedly appearing at a mediation in a wrongful death case despite lacking settlement authority, causing "delay and unnecessary expense" to the widow of a man who died when his Tesla allegedly ran off the road, crashed and ignited.
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October 28, 2024
Mich. Firm Can't Get More Fees From Nassar Suits, Jury Finds
A Michigan federal jury said Monday a personal injury firm already got what it was owed as local counsel for survivors of former USA Gymnastics doctor Larry Nassar's abuse, rejecting the firm's claims against a Colorado firm for another $500,000.
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October 28, 2024
Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration
A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.
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October 28, 2024
Report Says To Allow Bulk Of Software Investor Suit
A U.S. magistrate judge has recommended against dismissing the bulk of an investor's suit alleging Decentral Life Inc. and a group of its licensees, including a cannabis social media site, misled him into investing more than $1.7 million by boasting bogus user counts.
Expert Analysis
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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How Labeling And Testing May Help Reduce PFAS Litigation
As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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Rise Of Transpo Contractors Brings Insurance Disputes
As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.