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Personal Injury & Medical Malpractice
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
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August 27, 2024
Cherokee Nation's Opioid Suit Sent Back To State Court
An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.
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August 27, 2024
Boston Cop's Family Sues Girlfriend, Bars For Wrongful Death
The family of John "J.J." O'Keefe, the Boston police officer allegedly killed by his girlfriend Karen Read, filed a wrongful death suit against her and two local bars where the couple were seen before his death.
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August 27, 2024
Baby Sound Machine Co. Sued Over Shock Hazard Recall
A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.
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August 27, 2024
Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed
The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.
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August 27, 2024
Samsung Must Face Exploding Vape Battery Suit
Samsung can't escape a suit over injuries sustained by a man after a lithium-ion battery exploded in his pocket, a Houston appellate court ruled Tuesday, rejecting the South Korean company's argument that a Texas court doesn't have jurisdiction because it doesn't do business directly in Texas.
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August 27, 2024
OSHA Hits Chicago Countertop Maker With $1M In Penalties
A Chicago-based countertop manufacturer was hit with nearly $1 million in potential fines for safety and health violations after federal regulators learned that a number of facility workers allegedly suffered major respiratory problems, including a father and son who both require lung transplants.
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August 27, 2024
Wash. Co. Says Titan Sub Death Suit Belongs In Fed. Court
A Washington state-based firm linked to the Titan submersible that imploded during an expedition to the wreck of the Titanic has argued that federal court is the proper venue for a wrongful death lawsuit launched by the family of a French explorer who was aboard the vessel.
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August 27, 2024
Sig Sauer Shouldn't Get Retrial, Says Winner Of $2M Verdict
Sig Sauer Inc. shouldn't get a new trial, said a man who won a $2.35 million jury verdict in his suit alleging that a defect in his P320 pistol caused him to accidentally shoot himself, telling a Georgia federal court Monday that the gunmaker comes nowhere close to showing any error.
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August 27, 2024
3rd Circ. Axes Kavanaugh Classmate's HuffPo Defamation Suit
A lower court was right to nix a defamation lawsuit by a former classmate of U.S. Supreme Court Justice Brett Kavanaugh against The Huffington Post because the suit is time-barred no matter which state's law governs it, the Third Circuit ruled Tuesday.
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August 27, 2024
Georgia Court Says Ride-Hailing Cos. Are 'Motor Carriers'
The Georgia Court of Appeals said a trial court erred when it held that the ride-hailing service Lyft is not considered a motor carrier under Peach State law, and that its insurer could not be directly named in a lawsuit a woman filed after a crash involving one of its drivers.
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August 27, 2024
Disbarred Atty Tom Girardi Convicted Of Defrauding Clients
A California federal jury on Tuesday convicted disbarred attorney Tom Girardi on all four counts of wire fraud, finding that the former titan of the plaintiffs bar misappropriated $15 million of his clients' settlement funds.
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August 26, 2024
Wash. Court Says Prejudice Not a Factor In Hospital Trial Win
A Washington state appellate court said Monday there was no need for a hearing to determine whether racial bias was a factor in an immigrant couple's medical malpractice trial loss over the death of their newborn child, ruling that no "objective observer" could conclude the verdict was impacted by prejudice.
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August 26, 2024
Girardi Lied 'Over And Over,' Jury Told As Fraud Trial Wraps
A federal prosecutor told a California federal jury during closing arguments in Tom Girardi's criminal fraud trial Monday that the now-disbarred attorney lied to his clients "over and over and over again" in order to misappropriate millions of their settlement money as part of a yearslong Ponzi scheme.
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
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August 26, 2024
Estate Says Circle K Hid Inspector's Name In Death Suit
The family of a woman who died at a Circle K gas pump asked a Florida judge to sanction the company for allegedly failing to disclose the name of the contractor that inspected the gas station before the statute of limitations for wrongful death claims had run out.
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August 26, 2024
Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit
Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.
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August 26, 2024
Parents Sue Kratom Cos. Over Adult Daughter's Death
The parents of a woman who died allegedly due to a kratom overdose are suing manufacturers and retailer sellers of the supplement, saying the companies should have known their product was "unreasonably dangerous" for humans to eat, according to a Colorado state lawsuit.
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August 26, 2024
Store Seeks Coverage For Murdaugh Boat Crash-Related Suit
A convenience store accused of negligently selling alcohol to disgraced former lawyer Alex Murdaugh's underage son, who later crashed a boat that led to a girl's death, sought coverage from its insurers for a related civil conspiracy lawsuit, maintaining that the suit falls within its policies' scope of coverage.
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August 26, 2024
Conn. Diocese Seeks Mediation Over Competing Ch. 11 Plans
The Roman Catholic Diocese of Norwich, Connecticut, told a bankruptcy judge that a Chapter 11 plan proposed by unsecured creditors is unconfirmable and fighting over competing plans will drain estate resources, and that renewed mediation over how to address childhood sexual abuse liability is the only path forward.
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August 26, 2024
Insurer Says Others Owe Payment In Asbestos Injury Rows
An insurer that said it exceeded its coverage obligations for underlying asbestos injury litigation by millions of dollars has asked a Michigan federal court to determine how much other entities must pay in connection with the underlying suits.
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August 26, 2024
Sig Sauer Can't Depose Wife Again In $30M Pistol Defect Suit
Sig Sauer won't get a second chance at deposing the wife of a man who's suing the firearm maker after his pistol allegedly discharged without warning, a North Carolina federal judge has ruled, saying the spouse is out of his jurisdiction.
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August 26, 2024
Judge Tosses Most Of Minors' Claims Against Cheer Group
A Georgia federal judge has dismissed most of the claims a minor and his mother lodged against a Tennessee-based federation that touts its work to keep All Star Cheer programs safe and free of sexual misconduct and abuse.
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August 26, 2024
Conn. Judge Hints Split Fee Collection Case May Be Too Late
A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.
Expert Analysis
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.