Personal Injury & Medical Malpractice

  • June 07, 2024

    Public Schools Tossed From Calif. Social Media Injury Case

    Four public school districts cannot pursue their claims against Meta Platforms, Snap, Google, YouTube and TikTok that their allegedly addictive social media platforms fueling a mental health crisis among children have had a ripple effect on schools, a California state judge ruled Friday.

  • June 07, 2024

    Talc User With Cancer Had 2nd Exposure Path, Jury Hears

    A pulmonologist helping make the case that a Texas man got mesothelioma from using Johnson & Johnson talcum powder was pressed Friday as to why he failed to tell jurors that medical records reflect the man had a separate type of asbestos exposure.

  • June 07, 2024

    Blank Rome Escapes 'Lamentable Saga' In 'Killer Nurse' Case

    A Pennsylvania appellate panel, in what it dubbed "the final chapter in this lamentable saga," affirmed Friday a lower court's order dismissing an attorney's defamation claims against Blank Rome LLP and a hospital that once employed a now-infamous "killer nurse" who pleaded guilty to murdering his patients.

  • June 07, 2024

    Uber Targets Most Calif., Texas Claims In Driver Assault MDL

    Uber urged a California federal judge Friday to toss the majority of claims from plaintiffs in California and Texas in multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assaults, saying it can't be held responsible for the actions of individual drivers under those state's laws.

  • June 07, 2024

    Split 9th Circ. Revives LA Schools Vaccine Policy Row

    A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.

  • June 07, 2024

    'Why Are You Even Here?' Judge Prods Big Tobacco

    A Washington state appellate panel on Friday criticized Philip Morris USA Inc. and other tobacco companies for attempting to pay the state less under a 1998 master settlement agreement, with one judge asking a Big Tobacco attorney why they were in court in the first place.

  • June 07, 2024

    First Trial Over Chiquita Paramilitary Payments Goes To Jury

    A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.

  • June 07, 2024

    Judge Doubts Ethnicity Questions Deserve Jury Bias Probe

    A Washington appellate judge pushed back Friday against a Filipino family who claimed a hospital's questions about their ethnicity at trial required a bias inquiry, noting race is "something that can't be ignored" in any courtroom filled with people who look different from one another.

  • June 07, 2024

    Brewery Wants Extra Damages For Co-Owner's 'Brazen' Theft

    A Colorado brewery accusing a former manager of embezzling hundreds of thousands of dollars has asked a state court for permission to seek exemplary damages, saying there's plenty of evidence the former manager willfully stole the money for himself and competing businesses he had a stake in.

  • June 07, 2024

    Texas AG, Spirit AeroSystems Duel Over Safety Probe

    Spirit AeroSystems Inc. and Texas Attorney General Kenneth Paxton each asked a federal court for an early win in their dispute over the state's probe into Spirit's management, with Spirit arguing the state's Request to Examine statute violates the Fourth Amendment, and Paxton arguing it is a constitutionally compliant subpoena.

  • June 07, 2024

    State Farm Denies Defense Of Daycare In Nap Drugging Suits

    State Farm told a Washington federal court it had no duty to defend a childcare center accused of deploying corporal punishment and nonconsensually drugging children with Benadryl to induce nap time.

  • June 07, 2024

    Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit

    In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.

  • June 07, 2024

    Miami Official Can't Shake Zoning Abuse Claims

    A Miami commissioner can't escape allegations that he and other city officials conspired to sabotage local businesses with zoning and safety laws after a pair of business owners backed the commissioner's opponent in a 2017 election, a Florida federal judge ruled.

  • June 07, 2024

    Uber Can Arbitrate With Paralyzed Rider, Mass. Justices Rule

    Massachusetts' highest court on Friday ruled Uber Technologies Inc. had made its terms of service clear enough to move a paralyzed rider's case to arbitration, despite a dissent from one justice who said the company should spell out the rights that riders surrender when they hail a car.

  • June 07, 2024

    Woman Sues Atty After Colo. Justices Tossed Tardy Suit

    A woman whose personal injury suit was recently found to be untimely by the Colorado Supreme Court — which admitted case law in her circumstances is "confusing" — is now suing her former lawyer, alleging his delay cost her the case.

  • June 06, 2024

    Netflix Hit With $170M Suit Over 'Baby Reindeer's' 'Brutal Lies'

    Netflix built its popular stalker miniseries "Baby Reindeer" on "brutal lies" that have "ruined" the life of the Scottish lawyer who claims to have inspired the show — all because "it was a better story than the truth," according to a $170 million suit filed in California federal court Thursday.

  • June 06, 2024

    Alec Baldwin Faces New 'Rust' Shooting Civil Claims In NM

    The family of cinematographer Halyna Hutchins, who was shot and killed on the set of "Rust," has lodged another civil suit against Alec Baldwin, this time in New Mexico, according to a complaint filed Wednesday in Santa Fe County court.

  • June 06, 2024

    Roundup MDL Judge Worries Plaintiffs Firms Overstretched

    A California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer expressed concerns Thursday that plaintiffs firms may be taking on "a whole bunch of cases" they don't have the ability to prosecute just to settle "on the cheap," calling the prospect "a little bit disturbing."

  • June 06, 2024

    Real Water Caused 'Devastating' Hospitalizations, Jury Told

    A mother whose twin babies were hospitalized with acute liver failure after the family subscribed to water delivery service Real Water told a Nevada state jury Thursday that the experience was "devastating."

  • June 06, 2024

    Ex-Telemundo Worker Urges Panel To Revive Harassment Suit

    A former Telemundo advertising executive urged an Eleventh Circuit panel Thursday to reverse a lower court's ruling to dismiss her sexual harassment lawsuit against the company, saying she sufficiently alleged a hostile work environment after reporting sexual harassment by her supervisors.

  • June 06, 2024

    11th Circ. Won't Revive State Farm Auto Policy Coverage Fight

    The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."

  • June 06, 2024

    Harvey Weinstein Bill Won't Become NY Law This Year

    A New York state bill that would have made evidence of past sexual offenses explicitly admissible in sex crime trials — inspired by Harvey Weinstein's recent rape conviction reversal — has fizzled out in the state Assembly following its quick passage in the state Senate, New York legislators told Law360 Thursday.

  • June 06, 2024

    Wash. High Court Will Review Gun Magazine Law

    The Washington state Supreme Court said Thursday it will review a trial court ruling that the state's ban on sales of large-capacity magazines for firearms is unconstitutional.

  • June 06, 2024

    NFL Says Labor Law Preempts Ex-Player's Estate's CTE Claim

    The National Football League isn't to blame for a former football player's head trauma, the league told a South Carolina federal judge, arguing federal labor law preempts a negligence claim from a representative of the ex-player's estate.

  • June 06, 2024

    Texas Court Revives Whataburger Customer's Injury Suit

    A Texas appellate court on Thursday refused to let Whataburger escape a lawsuit seeking to hold it liable for injuries a customer sustained after her arm was lacerated by a worker carrying a condiment tray, reinstating the customer's claims against the restaurant chain and paving the way for a trial.

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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