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Personal Injury & Medical Malpractice
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 12, 2025
2nd Circ. Upholds R. Kelly's Sex Abuse Conviction
The Second Circuit upheld R&B singer R. Kelly's convictions for racketeering and sex trafficking Wednesday, citing the strength of the evidence and rejecting his claims that four jurors were biased against him.
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February 12, 2025
Atty Says Ex-Partner Filed Bogus Police Report Over Router
Connecticut attorney Ryan McKeen made "material misrepresentations" when reporting his ex-law partner Andrew Garza to the police for entering their former firm's office early one morning to retrieve an internet router, Garza told a state court judge in a renewed bid for sanctions against McKeen.
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February 12, 2025
Ropes & Gray To Review Seton Hall Sex Abuse Investigation
Ropes & Gray LLP will lead a review of a 2019 investigation into sexual abuse allegations at Seton Hall University, which found that the university's recently appointed president knew of the allegations against former Archbishop Theodore McCarrick but did not report them properly, according to an announcement this week.
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February 12, 2025
Ex-Client Slams Buzbee's Sanctions Bid In Fraud Suit
A former client suing prominent Houston attorney Tony Buzbee for fraud has hit back against Buzbee's attempt to sanction him, claiming he's well within his rights to mention other instances in which Buzbee allegedly stole from clients.
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February 12, 2025
2nd Lyondell Leak Case Settles A Week Into Trial
A valve maker and eight workers at a LyondellBasell facility in La Porte, Texas, settled their claims roughly one week into a monthlong trial.
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February 11, 2025
Faulty 'Harry Potter' Ride Crushed Grandma's Spine, Jury Told
A woman known in her family as the "adventure grandma" was horribly injured at Universal Studios Hollywood on a "Harry Potter" ride, a California federal jury was told Tuesday during opening statements of a trial over allegations the ride's poor design and employee negligence resulted in her spine being crushed.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
SC Justices Question Receivership Orders In Asbestos Row
The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.
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February 11, 2025
Alaska Airlines Sued Over Alleged In-Flight Sexual Assault
A passenger has sued Alaska Airlines seeking to recover damages in the wake of an alleged sexual assault aboard a 2023 flight from Seattle to Honolulu, according to a complaint filed in Washington state court.
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February 11, 2025
Monsanto Loses Attempt To Overturn $1.25M Roundup Award
A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.
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February 11, 2025
Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit
Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.
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February 11, 2025
Monsanto PCB Appeal Seems To Divide Wash. High Court
Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.
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February 11, 2025
Colo. Justices Mull Statute's Silence In Med Mal Cap Debate
The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.
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February 11, 2025
No Prison For Firm Manager Who Aided Feds' No-Fault Bust
A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.
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February 11, 2025
Feds Seek $55K In Restitution In VA Doc Sex Abuse Case
Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.
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February 11, 2025
Lapsed Atty License Adds Twist In Ex-Ariz. Cardinals VP's Suit
A hearing this week on the Arizona Cardinals' bid to send the dispute over the alleged defamation of their former vice president to arbitration might not take place, after the judge overseeing the case pointed out that the plaintiff's lead attorney was not licensed to practice in the state.
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February 11, 2025
Conn. High Court Won't OK Claims Of Relational Loss Of Child
The Connecticut Supreme Court ruled Tuesday that state law does not recognize a cause of action for loss of filial consortium, answering a question from a federal judge who was overseeing a product liability case against Target Stores Inc. and the maker of an infant car seat that caught fire, severely injuring a baby.
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February 11, 2025
Insurer Says $641M Deal Over Tainted Flint Water Not Covered
An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.
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February 11, 2025
Eaton Fire Victim Wants Sanctions Against SoCal Edison
A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.
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February 11, 2025
Insurer May Need To Pay Landlord Row Atty Fees, Panel Says
A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.
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February 11, 2025
Ex-Client May Not Appeal Morgan & Morgan Arbitration Order
A former Morgan & Morgan PA client may not pursue legal malpractice claims against the firm in Georgia federal court, a judge ruled Tuesday, upholding an earlier order sending the matter to arbitration.
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February 11, 2025
Mass. High Court Rejects Karen Read Double Jeopardy Claim
Karen Read, the Massachusetts woman whose murder case garnered national attention and resulted in a mistrial, failed to convince the state's highest court Tuesday to throw out two counts that jurors had purportedly voted to reject.
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February 10, 2025
Injury Attys Admit 'Embarrassment' Of AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group expressed "great embarrassment" Monday when they told the Wyoming federal judge overseeing a personal injury lawsuit against Walmart over an allegedly defective hoverboard that the pretrial motions they filed did, indeed, contain case law hallucinated by artificial intelligence.
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February 10, 2025
Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial
Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.
Expert Analysis
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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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.