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Personal Injury & Medical Malpractice
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August 16, 2024
Ortho Center Seeks Lit Funding Details After Scuttled Verdict
A Minnesota-based orthopedic center wants a former patient to disclose information regarding his litigation financing agreement with Bench Walk Advisors following a $110 million malpractice verdict, which a judge later decided was "astronomical" and largely scrapped.
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August 15, 2024
Talc Jury Delivers $63M Verdict Against J&J, Beauty Care Co.
A South Carolina jury awarded a cancer patient more than $63 million Thursday after he said he developed terminal lung cancer from breathing in asbestos during daily use of Johnson & Johnson's talc-based baby powder.
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August 15, 2024
Uber Gets Most Claims Tossed In Driver Assault MDL, For Now
A California federal judge on Thursday threw out the majority of claims from California and Texas Uber riders in multidistrict litigation that aims to hold the ride-hailing company liable for their sexual assaults; however, the judge gave the plaintiffs the opportunity to amend those claims.
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August 15, 2024
Tom Girardi Has Dementia, USC Neurologist Tells Calif. Jury
A University of Southern California neurology professor testified Thursday in Tom Girardi's California federal criminal trial that she diagnosed him with mild-to-moderate dementia months after his law firm collapsed, although the lawyer insisted at the time that his memory was fine and that he was still busily working at his firm.
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August 15, 2024
Colo. Atty Sues Bank, Opposing Counsel Over Hack Attack
A Colorado attorney and conservative radio personality is suing Wells Fargo and opposing counsel in a divorce proceeding over their alleged role in a hacking incident that apparently caused him to wire $375,000 for a client's divorce settlement to Hong Kong.
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August 15, 2024
Jury Urged To 'Respect' $50M Demand In Colonoscopy Death
An Oregon state jury heard Thursday that $50 million is the right amount to award for a colonoscopy patient's death, as a lawyer for the patient's estate said in closing arguments, "We're not here asking you, we're here telling you."
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August 15, 2024
Judge Rejects GE's Bid To Pull Plug On Contamination Suit
A Louisiana federal judge on Wednesday refused to let General Electric escape a lawsuit alleging it is liable for widespread environmental contamination caused by a now-closed pressure valve manufacturing facility that GE used to own.
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August 15, 2024
Matthew Perry's Assistant And 2 Drs. Charged In Actor's Death
The former personal assistant for actor Matthew Perry and two doctors have been criminally charged in connection with the "Friends" star's death last year from an overdose of ketamine, according to a criminal complaint unsealed Thursday in California federal court.
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August 15, 2024
Widows Of Plane Crash Victims Claim Part Maker Is To Blame
The spouses of twin brothers who died when their two-seat plane crashed are suing aircraft parts manufacturer Marvel-Schebler, claiming a defect in the company's carburetor caused the crash.
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August 15, 2024
Lin Wood Must Pay Ex-Partners $3.75M, Ga. Jurors Say
A Georgia federal jury said Thursday that controversial ex-attorney Lin Wood must pay $3.75 million to his three former law partners and cover their attorney fees and costs, with the exact amount of those fees to be determined Friday morning.
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August 15, 2024
Monsanto Gets 3rd Circ. Win In Roundup Failure-To-Warn Case
The Third Circuit ruled Thursday that a Pennsylvania state law failure-to-warn claim in a suit alleging the weed killer Roundup caused a Keystone State man's cancer is preempted by federal law, creating a circuit split on central issues in multidistrict litigation over the Monsanto product.
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August 15, 2024
No Coverage For Las Vegas Apartment Fire Suits, Judge Says
An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.
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August 15, 2024
Pennsylvania, Agencies Sued Over Child's Death
The half-sisters of a 12-year-old Pennsylvania girl who was allegedly tortured and starved to death by her father and stepmother have filed a lawsuit saying there was "atrocious and reprehensible disregard" shown by those responsible for protecting her.
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August 15, 2024
Fla. Court Wrongly Blocked Health Report Without Evidence
A Florida state appeals court has reversed a state court order blocking the release of an investigative report related to a man's suicide after he was discharged from a mental health center, saying the circuit court shouldn't have denied a request by the man's father for the report based on an argument from the center's managing entity without evidence.
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August 15, 2024
Gemini Suit Raises Novel Question On Crypto Law, Court Told
A suit from a consumer advocacy organization claimed Gemini Trust Co.'s user agreement unfairly put the onus on consumers to protect themselves from scams, but the Winklevoss-led crypto exchange said the litigation raises a larger question of whether the federal statute at the heart of the claims applies to cryptocurrencies.
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August 15, 2024
Fla. Judge Rules Miami Official's Salary Can't Be Garnished
A Florida federal judge recommended the dissolution of a garnishment levied against the salary of a Miami elected official who a jury said owes $63.5 million for civil rights violations, saying the evidence shows that he qualifies for a head-of-household exemption.
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August 15, 2024
Pa. Atty And Wife Apologize To Lawyer For Theft Allegations
A Pennsylvania attorney and his wife have apologized for accusing another attorney of stealing money from a business venture, saying in a court settlement record that they have no evidence that the lawyer committed the theft and that they retract their earlier statements.
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August 14, 2024
UCLA Ordered To Ensure Jewish Students' Access To Campus
The University of California, Los Angeles, must ensure that Jewish students have equal access to campus after a group of students alleged they were excluded from parts of the school grounds during a protest over Israel's invasion of the Gaza Strip, a Golden State federal judge ruled.
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August 14, 2024
ICE Faces Trimmed Suit Over Detainee's COVID-19 Death
A California federal court on Tuesday again allowed U.S. Immigration and Customs Enforcement to trim a lawsuit alleging it failed to protect a man who died in detention but kept claims alleging ICE failed to oversee its facilities or protect the man from COVID-19.
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August 14, 2024
Girardi Kept 'Opening A Wound,' Tearful Ex-Client Tells Jury
A woman whose son was seriously injured in a car accident shed tears Wednesday while testifying in Tom Girardi's criminal trial, recalling her increasingly desperate attempts to get a final $1 million owed to her from a lawsuit settlement as the embattled attorney gave her varying excuses for why she wasn't getting the funds.
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August 14, 2024
Costco Wants PFAS Kirkland Brand Baby Wipes Suit Tossed
Costco hit back at a proposed class action over its fragrance-free "natural" baby wipes filed earlier this summer in California federal court, saying that the suit is trying to scare parents by alleging the wipes are tainted with so-called forever chemicals.
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August 14, 2024
DOJ Defends Boeing Plea Deal Over Families' Objections
The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.
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August 14, 2024
Harley-Davidson Liable For $287M In 'Trike' Crash Verdict
A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.
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August 14, 2024
Suit Over United Flight Plunge Remanded To Ill. State Court
A family that sued United Airlines for emotional distress after their December 2022 flight from Hawaii to California took a "precipitous dive" shortly after takeoff can pursue their claims in Illinois state court after a judge determined the suit doesn't belong in federal court.
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August 14, 2024
Music Exec L.A. Reid Can't Trim Producer's Sex Assault Suit
Music executive Antonio "L.A." Reid can't toss false imprisonment and emotional distress claims in a lawsuit accusing him of sexual assault brought under the New York Adult Survivors Act, after a federal judge rejected his argument that the claims are untimely because the act revives claims stemming from the alleged assault.
Expert Analysis
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.