Personal Injury & Medical Malpractice

  • October 09, 2024

    Uber Can't Claw Back Safety Update Doc In Sex Assault MDL

    A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.

  • October 09, 2024

    Garth Brooks Accused Of Retaliating After Rape Lawsuit

    A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."

  • October 09, 2024

    Deadspin Must Face KC Chiefs Fans' Defamation Suit

    A Delaware state judge has rejected Deadspin's bid to toss a defamation suit by parents of a 9-year-old Kansas City Chiefs fan who allege the sports news outlet published an article wrongly accusing their son of being raised to be a racist due to his game-day attire.

  • October 09, 2024

    Record Labels, Chicago Rappers Sued For Touting Gang Beef

    Record labels including Sony and Universal, alongside Chicago rapper Lil Durk and several others, were hit Wednesday with civil conspiracy, negligence and other claims over the 2020 killing of artist FBG Duck in a suit alleging the defendants exploited their rivalry for profit and recognition.

  • October 09, 2024

    Patients' Families Say No Expert Needed In Transplant Case

    The families of patients who died while on an organ donor waiting list are urging a Texas state court to deny a surgeon's bid to toss their suit aimed at blocking him from altering or destroying records, saying because their suit does not make any claims for damages, they do not need an expert report.

  • October 09, 2024

    Wash. Justices To Weigh $185M PCB Case Against Monsanto

    The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.

  • October 09, 2024

    Senior Center Denied Total Win In Insurer's Coverage Suit

    An insurer for an operator of a skilled nursing facility must still cover the portion of a $225,000 wrongful death damages award exceeding a $100,000 self-insured retention even if the operator can't pay that retention, an Illinois federal court ruled, citing state public policy.

  • October 09, 2024

    Colo. Firm Seeks Bigger Cut Of Atty Fees From Competitor

    A Colorado personal injury firm has told a state federal court it deserves a bigger cut of attorney fees than its successor firm in a $1.5 million tort settlement because the client's attorney, who left to work at another firm, did most of the work on the case while under her previous firm.

  • October 09, 2024

    Companies' Kratom Supplements Are Addictive, Class Says

    A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.

  • October 09, 2024

    Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims

    A Georgia federal judge on Wednesday granted Morgan & Morgan PA's bid to compel arbitration of a former client's legal malpractice claims, ruling that the state's justices have already rejected his argument that arbitration clauses between attorneys and clients should be unenforceable.

  • October 09, 2024

    Girardi Seeks New Fraud Trial Over Memory Issues

    Disbarred attorney Tom Girardi has called on a California federal court to overturn his conviction for misappropriating $15 million in client settlement funds, arguing he was not competent to stand trial due to memory problems that left him unable to remember witnesses or even his own attorneys.

  • October 09, 2024

    GSK Settles Nearly All State Zantac Cases For Up To $2.2B

    GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.

  • October 08, 2024

    Ex-Girardi Keese CFO Inks Plea Deal Over Firm Embezzlement

    Girardi Keese's former Chief Financial Officer Christopher K. Kamon reached a plea agreement Tuesday with Los Angeles federal prosecutors, who allege he spearheaded a "side fraud" that bilked millions of dollars from the embattled law firm's accounts behind disbarred attorney Tom Girardi's back.

  • October 08, 2024

    Cedars-Sinai OB-GYN Accused Of Abusing, Harassing Patients

    A Beverly Hills, California-based obstetrician-gynecologist who practiced at Cedars-Sinai Medical Center has been accused of sexually assaulting, battering and harassing hundreds of patients under his care, according to a suit filed Monday in Los Angeles County Superior Court.

  • October 08, 2024

    RFK Jr. Tells 5th Circ. Biden Admin Is Working To Censor Him

    A Fifth Circuit panel seemed reluctant to buy Robert F. Kennedy Jr.'s argument that it was bound by a case overturned by the U.S. Supreme Court, with one judge saying it shouldn't follow an opinion the nation's highest court had decried as "yuck, yuck, yuck" during oral arguments Tuesday.

  • October 08, 2024

    Pro Golfer Looks To 2nd Circ. For Second Swing At NYC

    A PGA Tour golfer who suffered "severe and permanent injuries" is taking his trip-and-fall lawsuit against the city of New York back to the Second Circuit, looking to bypass the finding of a federal judge in Manhattan who found that the city was never put on notice about the dangers of the crosswalk that allegedly caused his fall.

  • October 08, 2024

    Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture

    A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."

  • October 08, 2024

    Philly Foster Agency Will Pay $9M To End Trafficking Case

    A woman who was sexually abused and sold into prostitution as a girl by her foster mother's son has settled her case with an agency responsible for her welfare for $9.38 million, partially funded by a previous $24 million settlement from a Philadelphia Days Inn where the trafficking was said to occur, her lawyers said Tuesday.

  • October 08, 2024

    Fla. Court Revives Nursing Home Death Suit

    A Florida state appeals court on Tuesday revived a wrongful death suit seeking to hold an assisted living facility liable for a resident's death after she got into an altercation with another resident.

  • October 08, 2024

    Ex-Cop Guilty Of Excessive Force After Officers Testify

    A federal jury in Indianapolis has convicted a former New Castle, Indiana, police officer of excessive force and witness tampering after a series of incidents in which prosecutors said he assaulted a suspect and two imprisoned persons, then lied to a state police detective.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    Uber Tells 9th Circ. JPML Can't Consolidate Assault Cases

    Uber Technologies Inc. urged the Ninth Circuit on Tuesday to find that the Judicial Panel on Multidistrict Litigation and a district judge erred in refusing to enforce Uber's "non-consolidation" clause with passengers, arguing the contractual provision binds federal courts and prohibits the JPML from the centralization of sexual-assault litigation before a single judge.

  • October 08, 2024

    Justices Cast Favorable Eye On ATF's Ghost Gun Rule

    The U.S. Supreme Court on Tuesday appeared to side with the federal government's position that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule regulating so-called ghost gun kits was wrongly invalidated by a lower appeals court, with several justices responding favorably to the feds' arguments.

  • October 08, 2024

    CooperSurgical Fails To Escape Embryo Solution Recall Suits

    A California state judge on Tuesday declined to dismiss four lawsuits filed against CooperSurgical Inc. by individuals or couples who allege the company failed to recall a toxic solution before it destroyed their developing embryos, trimming a few claims but otherwise keeping the suits intact. 

  • October 08, 2024

    New Testimony Can't Revive Seattle Police Pursuit Crash Suit

    A Washington state appeals court won't upend a verdict clearing the city of Seattle from liability in a suit by a woman injured in a car accident after the man driving her vehicle fled the police, finding that testimony taken after one of the officers involved died by suicide would not have altered the case's outcome.

Expert Analysis

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • When The Platform Is A Product, Strict Liability Can Attach

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    A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Ill. Justices' Ruling Answers Corporate Defamation Questions

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    The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

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