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Personal Injury & Medical Malpractice
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October 16, 2024
2nd Circ. Scrutinizes Conn. Restrictions On AR-15s
A Second Circuit panel put the phrase "dangerous and unusual" under a microscope Wednesday as three judges considered dual challenges to Connecticut's post-Sandy Hook bans on assault rifles and large-capacity magazines, working to parse out whether the state's restrictions are allowed under U.S. Supreme Court precedent.
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October 16, 2024
Monsanto's Appellate Bid To Stop Seattle PCB Trial Flops
A Washington appellate commissioner won't overrule a lower court's decision to forge ahead with a pending Monsanto PCB poisoning trial, rejecting the company's request to pause until the state Supreme Court decides a similar case, concluding that she would be improperly "substituting" her judgment for the trial court's by pausing the case.
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October 16, 2024
Hawaii Utility Beats Investor Suit Over Wildfire, For Now
A California judge on Tuesday dismissed a shareholder suit filed against Hawaiian Electric Industries Inc. in the wake of a deadly fire on Maui in 2023, but will allow plaintiffs to amend their claims that the company failed to warn investors about its inadequate risk mitigation program.
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October 16, 2024
Record Labels Seek Sanctions For Claim They Aided Combs
Music companies on Wednesday urged a Manhattan federal judge to sanction an attorney for pursuing what they called "outrageous" claims that they supported Sean "Diddy" Combs' sex- and drug-fueled "freak offs."
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October 16, 2024
NC Panel Won't Reignite Duke Energy Case Over House Fire
A split panel of the North Carolina Court of Appeals declined to revive a liability suit brought against Duke Energy Corp. and a contractor it hired to install new meters at its customers' homes after one of those contractors allegedly caused a bed to catch fire leading to $130,000 in damage.
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October 16, 2024
Houston Pharma Exec Found Guilty In $160M Health Fraud
A Houston man was convicted on 15 criminal charges in connection with orchestrating a massive healthcare scheme that defrauded the government out of $160 million, following a 10-day trial in which prosecutors said doctors were "bamboozled" by the conspiracy.
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October 16, 2024
Bottling Co. Worker's Injury Suit Sent To Pa. State Court
A Pennsylvania federal judge has remanded a Niagara Bottling LLC worker's suit over an industrial accident to state court, adopting a magistrate judge's report finding that a newly added defendant removes diversity among the parties.
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October 16, 2024
Combs Asks To ID His Accusers, Citing 'Media Circus'
Hip-hop mogul Sean "Diddy" Combs has asked a Manhattan federal judge to identify the accusers behind his sex-trafficking and racketeering case, claiming the "media circus" surrounding the prosecution and related civil suits has made it impossible for him to develop an adequate defense.
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October 16, 2024
2 SDNY Terror Finance Cases Against Binance Stay Separate
Two suits claiming Binance unlawfully fostered terrorist activity, filed in the wake of the cryptocurrency platform's $4.3 billion settlement with the U.S. Department of Justice, will proceed separately in the Southern District of New York, a Manhattan federal judge said Wednesday.
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October 15, 2024
Boeing Judge Wants DEI Monitor Pick Info Before Plea Ruling
The Texas federal judge overseeing prosecutors' criminal case against The Boeing Co. on Tuesday said he needs more information on a provision of the proposed plea deal regarding how the U.S. Department of Justice would select an independent monitor in compliance with the agency's diversity and inclusion policies.
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October 15, 2024
Chicago Wants To Ditch $50M Wrongful Conviction Verdict
Chicago is asking a federal judge to overrule a jury that awarded $50 million to an innocent man wrongly convicted of first-degree murder, saying officers who allegedly coerced the man's confession are immune.
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October 15, 2024
Meta Limits But Can't Shake Social Media Addiction MDL
A California federal judge on Tuesday refused to ax sprawling multidistrict litigation accusing Meta Platforms Inc. and other social media giants of designing their platforms to addict children, finding that a broad tech liability shield required claims pressed by dozens of state attorneys general to be narrowed but not tossed.
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October 15, 2024
Combs Hit With Slew Of Assault Suits Dating Back To 1995
Sean "Diddy" Combs was hit with six new lawsuits in Manhattan federal court Monday, alleging that for decades the hip-hop mogul sexually assaulted women, men and minors at parties and other events, including one woman who says he raped her at a promotional party for a Notorious B.I.G. music video.
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October 15, 2024
Uber Faces Scrutiny From NY High Court In Negligence Case
Judges on New York's highest court on Tuesday grilled an Uber attorney over whether the rideshare company violated ethical rules when it failed to omit a user already pursuing a negligence lawsuit against it from an email blast providing notice about an updated arbitration agreement in its terms of use.
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October 15, 2024
Horizon Lodges 4-Fold Attack On Tepezza MDL Bellwethers
Horizon Therapeutics argued Tuesday that an Illinois federal judge should toss out nine of the dozen cases selected as bellwethers in multidistrict litigation targeting hearing loss issues with its biologic Tepezza, saying they're preempted because the label was approved with those problems in mind.
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October 15, 2024
Anti-Abortion Nonprofit Moves To Block NJ AG's Subpoena
An anti-abortion pregnancy center urged a New Jersey federal court Tuesday to immediately block Attorney General Matt Platkin's subpoena seeking information about its donors, arguing it will suffer irreparable harm if it is forced to comply before any of its constitutional claims are considered by the court.
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October 15, 2024
Feds Seek Court's OK On $350M Norfolk Southern Spill Deal
The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.
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October 15, 2024
Wash. Hospital Wants Spinal Surgeon Scandal Suit Tossed
A healthcare system in Washington state has urged a federal judge to throw out the government's civil lawsuit alleging it perpetuated a doctor's scheme to earn millions of dollars from unnecessary surgeries, accusing prosecutors of "second-guessing" the organization's legitimate processes for hiring physicians and addressing internal complaints.
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October 15, 2024
Conn. Medical Group Hit With $30M Verdict In C-Section Suit
A Connecticut state jury has slapped a Greenwich medical group with a $30 million verdict — which could more than double after interest — finding that the medical staff botched a pregnant patient's cesarean delivery, precluding her from giving birth to another child.
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October 15, 2024
Philly Foster Agency Settles Abuse, Death Case For $8M
A Philadelphia-based foster care and child welfare agency has agreed to pay $8 million to settle a lawsuit claiming it endangered two sisters by allowing them to remain in a home where they were abused and, in the case of the younger girl, killed at the age of 1 year old, according to their attorneys.
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October 15, 2024
Medical Insurer Needn't Defend Doc Against Trans Bias Suit
A plastic surgeon's medical liability insurer had no duty to defend against claims that the surgeon violated Minnesota's Human Rights Act by suggesting that a transgender woman seek breast augmentation surgery elsewhere, a state appeals court ruled, finding the claims didn't constitute a "medical incident."
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October 15, 2024
Ex-Dodger Bauer Sues Accuser For Alleged Settlement Breach
Former Major League Baseball pitcher Trevor Bauer has filed a California state court lawsuit against a woman who previously accused him of sexual assault, alleging that the two reached an out-of-court settlement but that she violated the deal by falsely claiming in public he paid her $300,000.
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October 15, 2024
Travis Scott Wants Astroworld Settlement Info Before 1st Trial
Rapper Travis Scott is urging a Texas appeals court to order the Harris County judge overseeing litigation over the deadly 2021 Astroworld festival to require several would-be bellwether plaintiffs to disclose details of their settlement agreements with his co-defendants, writing that his attorneys need the information to prepare for the impending first trial.
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October 15, 2024
2nd Circ. Says NY AG Can Sue Over Sex Assaults In Schools
The Second Circuit on Tuesday revived a suit from the New York attorney general alleging that a school district failed to investigate or respond to reports of rape and sexual assault, saying the district court was wrong to determine that the state needed to show that the school had a policy of ignoring such reports.
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October 15, 2024
Justices Mull RICO's Scope In Trucker's CBD Case
U.S. Supreme Court justices on Tuesday appeared conflicted whether to sanction a commercial trucker's attempt to bring a racketeering claim against CBD companies, whose allegedly mislabeled products the trucker claims led to his firing.
Expert Analysis
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.