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Personal Injury & Medical Malpractice
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July 24, 2024
LG Unit Seeks Exit From Georgia Exploding Battery Suit
Atlanta-based LG Chem America Inc., a subsidiary of Korean company LG Chem Ltd., is asking a Georgia state judge to end its involvement in litigation by a man who claims he was injured when a lithium-ion battery cell exploded in his pocket.
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July 24, 2024
Home Depot Truck Rental Keeps Win In Ramp Injury Suit
A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.
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July 24, 2024
Ga. Sheriff Wants $11M Groping Arrest Suit Tossed
A Georgia sheriff accused of using excessive force against a man who says he was falsely accused of groping the lawman's wife asked a federal judge Tuesday to dismiss the civil rights claims against him, arguing he was well within his rights to tackle the man and take him into custody.
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July 24, 2024
Peanut Allergy Death Suit Returns To Conn. State Court
Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.
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July 24, 2024
ICE Contractor Hit With Class Action Over Family Separations
A father and son who were separated for six years under the Trump administration's policy of "zero tolerance" for unlawful border crossings have brought a proposed class action against the private contractor responsible for transporting children, seeking to make it pay for the emotional trauma families have endured.
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July 23, 2024
Meet The Lead Ozempic Lawyers
The recently deceased U.S. District Judge Gene E.K. Pratter this past spring appointed plaintiff leadership in litigation over Ozempic and similar drugs over allegations that the medications cause gastrointestinal issues. Here's who's who in the list of plaintiffs' leaders.
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July 23, 2024
Aviation Co. Sheds Claims In Conn. Cessna Crash Suit
A Connecticut state court judge has struck numerous product liability claims against two individuals and Interstate Aviation Inc., a Plainville company that employed the pilots of a Cessna that crashed into a factory in 2021, but kept alive the same allegations against the Florida company that owned the plane and arranged the flight.
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July 23, 2024
NC's $500K Med Mal Damages Cap Faces Fight
A patient who obtained a $7.5 million jury verdict in her case against a North Carolina doctor over the loss of her unborn baby is challenging the constitutionality of the Tar Heel State's cap on compensatory damages in medical negligence suits.
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July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma
The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
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July 23, 2024
Laser Sights Not 'Arms,' Judge Rules, Backing Chicago Ban
An Illinois federal judge Monday upheld the constitutionality of Chicago's laser sight ban and refused to entertain a resident's "eleventh-hour request" to pursue nominal damages, ending the 14-year-old case.
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July 23, 2024
Wash. AG Says 'Abortion Reversal' Clinic's Suit Still Deficient
Washington state's attorney general said Monday an anti-abortion clinic group being investigated for marketing an "abortion reversal pill" cannot blame his two-year-old document demands for a recent insurance rate hike, pushing a Tacoma federal judge to reject the group's legal effort to shield itself from future consumer protection enforcement.
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July 23, 2024
Calif. Justices Lower Bar For Emotional Distress Damages
The California Supreme Court effectively made it easier for plaintiffs to sue for emotional distress damages by concluding Monday that close relatives of an injured party need not be immediately aware of potential negligence at the time they witness the injury-causing incident.
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July 23, 2024
Chris Brown Faces Restraining Order After 'Thuggish' Assault
A Harris County, Texas, judge issued a temporary restraining order against rapper Chris Brown on Monday following a lawsuit personal injury attorney Tony Buzbee filed on behalf of four men who were allegedly "brutalized" by the rapper after attending his Fort Worth concert over the weekend.
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July 23, 2024
Mother Urges Sanctions On Nonprofit Over Unpaid $13.4M Win
An 81-year old mother who won a $13.4 million judgment after her son died in a group home run by the Connecticut Institute for the Blind asked a state court judge Tuesday to order swift sanctions against the nonprofit for allegedly dodging depositions and stalling attempts to collect the award.
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July 23, 2024
House Panel Weighs New Rail Safety Regs After East Palestine
The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.
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July 23, 2024
Wash. Justices Decline 9th Circ. Request in Uber Murder Case
Washington State's Supreme Court has declined to answer a certified question from the Ninth Circuit over whether Uber Technologies Inc. had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking.
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July 23, 2024
Tesla Crash Victim's Parents Urge Fla. Top Court To Allow Depos
The father of a Florida teenager killed in a Tesla Model S crash in 2018 has urged the state's high court to review a lower court's orders quashing depositions of company CEO Elon Musk and another executive, saying the orders directly conflict with Florida case law.
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July 23, 2024
Split 2nd Circ. Keeps Zantac Suits In Conn. State Court
A split Second Circuit panel on Tuesday allowed nine consolidated suits over carcinogens in heartburn medication Zantac to remain in Connecticut state court, with the majority ruling that the cases' consolidation is not enough to open up federal jurisdiction.
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July 23, 2024
Funds Say Boeing Can't Ditch 737 Max Securities Suit
Pension funds leading a proposed securities fraud suit against Boeing have fired back at the airline manufacturer's attempt to dismiss allegations that it misled investors about the safety of its 737 Max jets, saying the suit sufficiently showcases how missteps by Boeing's top brass diminished shareholder value.
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July 23, 2024
USA Pickleball Whacks Paddle Design Contract Suit
USA Pickleball Association has asked a Maryland federal judge to toss a fraud and negligence suit filed by a paddle manufacturer, arguing it was not vindictiveness that kept it from approving the company's design, but changing standards.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Insurers Must Defend Well Driller In Lead Contamination Suit
Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.
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July 23, 2024
Jerry Jones Strikes Midtrial Deal With Alleged Daughter
Dallas Cowboys owner Jerry Jones agreed to fulfill his remaining financial obligations to a 27-year-old woman who claims to be his daughter under a settlement reached Tuesday during a Texas federal trial over his claims that she violated their agreement by suing him in state court.
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July 23, 2024
Firm Says Rival's Trademark Merely 'Common Spanish Phrase'
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."
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July 23, 2024
Golf Club Escapes Bartender's Sex Bias, Retaliation Suit
An Arizona golf resort fired a beverage cart server for repeated attendance issues, not because she complained that a customer had tried to rip off her skirt, a federal judge ruled in ending the lawsuit.
Expert Analysis
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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How 2023 Shaped Drug And Medical Device Legal Trends
2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Opinion
What Happens If High Court Rejects Releases In Purdue Ch. 11
Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick
A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.