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Personal Injury & Medical Malpractice
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September 09, 2024
Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate
Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.
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September 09, 2024
Texas High Court To Mull Medical Nonprofit's Med Mal Liability
The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.
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September 09, 2024
Conn. Realtor Gets $4M From Luxury Property Co. In Fall Suit
A Connecticut state jury has awarded an injured realtor more than $4 million in his suit against luxury property company Hedgerow Properties LLC alleging an unsafe staircase caused him to fall and be injured.
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September 09, 2024
Colo. Justices To Weigh Excess MedMal Damage Calculations
Colorado's justices agreed Monday to consider the standard for how a trial court determines if a $1 million cap on medical malpractice damages can be exceeded, granting a hospital company's petition to review a nearly $40 million judgment.
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September 09, 2024
Norfolk Southern CEO Shaw Faces Misconduct Probe
Norfolk Southern Corp. is investigating CEO Alan Shaw over allegations of misconduct, casting uncertainty over his future at the rail giant just months after a proxy fight with an activist investor.
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September 09, 2024
Detainee Says Ex-Ga. Sheriff's Conviction Proves Liability
A detainee who said he was one of a half-dozen detainees strapped to a chair for hours at a time by convicted former Sheriff Victor Hill has asked a Georgia federal judge to grant partial summary judgment in his civil rights lawsuit against the ex-lawman.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Riddell Helmet Design Contributed To Brain Injury, Suit Says
The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
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September 09, 2024
Settlement Reached In Minor's Cheer Abuse Case
A deal has been reached settling claims lodged by a minor and his mother against several groups affiliated with All Star Cheer programs after the minor allegedly faced rape and abuse at the hands of a coach, according to a notice filed Friday in Georgia federal court.
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September 09, 2024
Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal
Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.
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September 09, 2024
Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'
A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.
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September 09, 2024
Philly Healthcare Attorney Moves To Saxton & Stump
Saxton & Stump continued to expand its healthcare resources with this week's addition of an attorney who joined the firm's Philadelphia office after building his medical malpractice at White & Williams for more than 20 years.
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September 09, 2024
NJ Court Won't Rush UAW's Smoking Law Case Appeal
The New Jersey Appellate Division rejected the United Auto Workers' emergency bid to overturn the dismissal of its suit alleging a law excluding casino workers from secondhand smoking protections violates the state constitution, according to a Friday order.
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September 09, 2024
Yale Clinic Signs 'Substantial' Deal In Missing Fentanyl Claims
A Yale University clinic has settled claims by 93 patients who said they suffered excruciating pain during gynecological procedures after a nurse stole the painkiller fentanyl and replaced it with inert saline, the plaintiffs' law firm announced Monday.
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September 06, 2024
ICE Is Failing Language Service Obligations, Report Says
U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.
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September 06, 2024
Ft. Lauderdale Must Face 2020 Protest Suit, But Cops Get Win
A Florida federal judge has ruled that several Fort Lauderdale police officers can't be sued by a protester who alleged that her civil rights were violated in a violent response to 2020 demonstrations over the death of George Floyd but said the city itself must still face various claims in her lawsuit.
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September 06, 2024
NJ Atty's Med Mal, Defamation Suit Against Hospital Revived
A New Jersey appellate court on Friday reinstated a suit accusing a hospital of negligently committing an attorney complaining of hip pain as a schizophrenia patient, saying the requisite medical expert affidavit was not necessary due to the so-called common knowledge exception.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
Fla. Hospital Wins Records Fight In Amputation Suit
A Florida appeals court ruled Friday that a hospital need not produce an orthopedic surgeon's "credentialing file" in a suit accusing the surgeon of providing negligent care resulting in a leg amputation, saying the documents are protected under the state's Peer Review Statutes.
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September 06, 2024
Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay
Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.
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September 06, 2024
Health-Ade Settles Suit Over 'Forever Chemicals' In Kombucha
A consumer who filed a proposed class action against popular kombucha-maker Health-Ade LLC claiming the beverages contained "forever chemicals" has apparently settled her claims against the company, according to an order issued by a New York federal judge.
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September 06, 2024
'He Says, She Says' In Harvey Weinstein's America
The controversial decision by New York's highest court to overturn Harvey Weinstein's sexual assault conviction has some lawmakers focusing intense new scrutiny on centuries-old legal jurisprudence barring evidence of a defendant's criminal propensity.
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September 06, 2024
'Insanity Tolling' May Save Ford Rollaway Claims, Panel Says
A split Michigan appellate panel has revived a lawsuit against Ford Motor Co. from a woman who was run over by her Ford Escape, finding her debilitating stress and depression may entitle her to an exception to the statute of limitations.
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September 06, 2024
Doctor Pulls Discovery Demands Against WWE Accuser
Celebrity doctor Carlon Colker has withdrawn his demands seeking pre-litigation discovery materials from the woman who has accused Vince McMahon and former World Wrestling Entertainment Inc. executives of sexually assaulting and trafficking her.
Expert Analysis
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Trump Hush Money Case Offers Master Class In Trial Strategy
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.
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Series
Teaching Yoga Makes Me A Better Lawyer
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.
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A Vision For Economic Clerkships In The Legal System
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.
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When The Platform Is A Product, Strict Liability Can Attach
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.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
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.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
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.
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Is The Digital Accessibility Storm Almost Over?
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.
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Series
Swimming Makes Me A Better Lawyer
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.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
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.
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Don't Use The Same Template For Every Client Alert
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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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.