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Personal Injury & Medical Malpractice
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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.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
2 RE Execs, Brother Assaulted 60 Women, Feds Say
Three brothers from Florida, including two prominent real estate executives, denied sex-trafficking charges in Manhattan federal court Friday alleging they conspired to drug and rape women, as a prosecutor said the authorities have interviewed over 60 victims.
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February 06, 2025
Doctors Org. Wants Health Agency Website Info Restored
An advocacy organization representing physicians asked a Washington, D.C., federal judge Thursday to require federal agencies to restore public-health related web pages and data that were taken down after the Office of Personnel Management directed the agencies to root out references to "gender ideology" on their websites.
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February 06, 2025
Sterilization Plant's 'Royal' Mistake Leaked Pollution, Jury Told
A former head of Terumo BCT Inc.'s Colorado medical sterilization facility testified Thursday that after a 2008 incident that he called a "royal fuck up" resulted in the release of a toxic chemical inside the plant, Terumo aired out the building and allowed the emissions to go outside.
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February 06, 2025
Buyers Want Kratom Cos. Addiction Suit To Go On
Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.
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February 06, 2025
Air Traffic Control System Upgrade In Spotlight After DC Crash
In the week since a midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River left 67 people dead, the Trump administration signaled Thursday that it's looking to expedite overhauling the nation's air traffic control system.
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February 06, 2025
TikTok Moderators Alleging Harm Face Uphill Cert. Battle
A California federal judge suggested on Thursday there might be too many individualized issues to certify a class of thousands of current and former TikTok content moderators in a suit alleging the social media platform is responsible for mental health issues the workers developed after being exposed to graphic content.
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February 06, 2025
WWE Accuser Flouting Conn. Law In Records Feud, Doc Says
The former World Wrestling Entertainment Inc. legal staffer who is suing the company and ex-executives, including founder Vince McMahon, for sex trafficking is misusing the Connecticut state court system to generate evidence for her federal case, a celebrity doctor has argued in seeking to dismiss a demand that he turn over her medical records.
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February 06, 2025
Will NFL Let Kendrick Call Drake A Pedophile At Super Bowl?
As Kendrick Lamar prepares to take the stage for this Sunday's Super Bowl halftime show, lawyers for the National Football League and Fox Sports must decide whether to censor the lyrics of his viral hit "Not Like Us" while rival rapper Drake wages a defamation war over the song's suggestion that he's a "certified pedophile."
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February 06, 2025
Tesla Fatal Crash's Tentative Trial Date Hinges On Fla. Justices
The parents of a teenager who died in a crash involving a Tesla told a Florida state judge Thursday they'd be willing to drop an appeal to require deposition testimony from CEO Elon Musk on an alleged conversation regarding a speed limiter if that means finalizing a trial start date.
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February 06, 2025
Ariz. Judge Favors Arbitration In Suit From Ex-Cardinals VP
An Arizona federal judge on Thursday signaled plans to send a defamation suit against the Arizona Cardinals and others to arbitration, as requested by the National Football League team and its owner in their ongoing dispute with its former vice president.
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February 06, 2025
4th Circ. Sides With Credit Rater In Developers' Libel Lawsuit
A group of developers won't get a second shot at their libel suit alleging credit rating firm Dun & Bradstreet published misleading credit reports about them after the Fourth Circuit said they failed to show the statements in those reports were defamatory.
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February 06, 2025
Insurance Co. Must Cover Truck Driver Injury, 11th Circ. Rules
The Eleventh Circuit has affirmed a Georgia federal judge's decision to hand a win to a transport company in a coverage dispute with Crum & Forster Insurance, ruling the insurer must cover a workers' compensation claim brought by a trucker maimed in an accident.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
'Novel' Kia, Hyundai Theft Liability Theory Faces 6th Circ. Test
A Sixth Circuit panel wrestled Thursday with whether to endorse a theory that automakers Kia and Hyundai could be liable for victims' injuries from crashes involving vehicles stolen during a TikTok-spurred wave of car thefts.
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February 06, 2025
Girardi's Mental Evaluation At NC Prison Extended By 15 Days
A California federal judge Thursday ordered Tom Girardi's psychiatric evaluation at a North Carolina federal prison to be extended by 15 days, and she also lectured Girardi's public defender while saying she "could not have imagined" why it took 17 days to get his client's medical records sent to the facility.
Expert Analysis
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.