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Personal Injury & Medical Malpractice
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February 10, 2025
Atty Accused Of Impeding Model In Fla. NFL Player Injury Suit
An OnlyFans model has urged a Florida state court to prevent an attorney for a Miami Dolphins wide receiver from attending a second deposition of the football player, saying the lawyer hasn't lawfully appeared in the case and is improperly interfering in the personal injury lawsuit.
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February 10, 2025
Jury To Look At Ford's Wealth When Setting Punitive Damages
A Georgia federal jury will be allowed to look at Ford's wealth and the profits it made off the allegedly defective F-250 Super Duty pickup truck when considering punitive damages in a fatal rollover wreck that killed a couple, a judge ruled, saying it's "common sense" information that a jury needs if it chooses to "punish" Ford.
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February 10, 2025
Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal
Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.
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February 10, 2025
Apple Says Child Porn Detection Suit Can't Stand
Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.
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February 10, 2025
Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid
The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.
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February 10, 2025
Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M
An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.
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February 10, 2025
Harassment Suit Against Fox Sports, Hosts Sent To Fed. Court
The lawsuit accusing Fox Sports executives and on-air hosts of sexual harassment and creating a toxic workplace environment has been moved from California state court to federal court, where the two sides were told to attempt alternative dispute resolution.
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February 10, 2025
Megan Thee Stallion's Trial Lies Suit Survives Dismissal Bid
A Florida federal judge has largely kept alive Megan Thee Stallion's lawsuit accusing a social media personality of acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.
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February 10, 2025
Trenton Diocese Sues Insurers Over Abuse Suit Coverage
The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.
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February 10, 2025
Judge Wary Of Doctor's Bid To Halt WWE Accuser's Info Hunt
A Connecticut judge on Monday appeared skeptical of a celebrity doctor's bid to end an information request by a woman separately accusing World Wrestling Entertainment and its founder Vince McMahon of sex trafficking, hinting that the doctor probably cannot raise potential federal litigation as a shield against a state trial court discovery probe.
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February 10, 2025
Harvard Immunity For Body Part Thefts 'Gnaws' At Justice
A judge on Massachusetts' highest court said Monday it's "problematic" that a state law could shield Harvard Medical School from liability in a suit by family members of people whose remains were allegedly sold off in parts by a rogue mortician.
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February 10, 2025
Insurer Says No Coverage Owed For Toxic Hair Product Suit
The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.
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February 10, 2025
Fighting Cancer Has Impaired Life, Zantac Plaintiff Testifies
One of the men retrying his Zantac cancer claims in Illinois testified Monday that fighting his illness has meant navigating negative side effects and missing the full family life he previously enjoyed.
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February 10, 2025
Attys Shouldn't Be Sanctioned For Press Briefing, Parents Say
The parents of a Black man police fatally shot in 2022 urged a Georgia federal judge not to sanction their Claiborne Firm PC attorneys for a holding a press conference that the city of Savannah says attempted to sway the jury that will hear the police officer's case.
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February 10, 2025
NJ Attys Agree To End Libel Suit Over Father's Money
Prominent class action attorney Carl J. Mayer has settled a defamation lawsuit against his brother and two cousins that claimed the trio falsely accused Mayer of stealing money from his elderly father, leading to a drop-off in referrals from other attorneys.
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February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables
A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
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February 07, 2025
Injury Attys In Hot Water Over Possible AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group on Friday withdrew pretrial motions in a personal injury lawsuit against Walmart over an allegedly defective hoverboard after a Wyoming federal court ordered the firms to explain why the filings contained what appears to be case law hallucinated by generative artificial intelligence.
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February 07, 2025
2nd Circ. Orders In-House Counsel Docs In Grand Jury Case
The Second Circuit on Friday ruled that an in-house attorney for a publicly traded company under federal investigation in New York must turn over communications as part of a grand jury investigation under the crime-fraud exception to attorney-client privilege.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
70 Depo-Provera Suits Joined In Florida's Northern District
The U.S. Judicial Panel on Multidistrict Litigation on Friday consolidated more than 70 consumer lawsuits claiming that Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera in the Northern District of Florida.
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February 07, 2025
Stables Launch $6M Suit Over Late Stud's Spoiled Semen
An Oregon horse farm has claimed that a Washington-based equine vet practice and its breeding program partnership destroyed $6.4 million worth of frozen semen from a champion Arabian stallion after the collections thawed during shipment, according to a new lawsuit in Seattle federal court.
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February 07, 2025
For These Victims, Death Came Before Bankruptcy Resolution
Thousands of people have died with no compensation in recent years as big institutions shield themselves in bankruptcy court from claims related to opioids, fraud, asbestos and sexual abuse, plaintiffs' lawyers say. Critics say it's an inherent part of a bankruptcy court system that helps insiders and hurts creditors.
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February 07, 2025
Ariz. Cardinals, Owner Accused Of Harassing Ex-Assistant
A former assistant to Arizona Cardinals owner Michael Bidwill has sued both him and the team in state court, claiming that her former boss "unmercifully harassed" her through an assortment of erratic and intimidating behavior.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
Expert Analysis
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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.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.