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Personal Injury & Medical Malpractice
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April 19, 2024
Texas Justices Open Door To Axing $14M Truck Crash Verdict
What started as a monster $80 million trucking crash verdict but later reduced to $13.7 million was put in further jeopardy Friday after the Texas Supreme Court found that a lower appeals court erroneously declined to hear challenges to how the injured truck driver's employment status was determined.
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April 19, 2024
Flint Class Urges Approval Of $25M Water Firm Settlement
A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.
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April 19, 2024
Walgreens Inks $110M Deal To End Philly Opioid Crisis Suit
Walgreens will pay the city of Philadelphia $110 million over the next five years to settle claims that it contributed to the opioid epidemic by ignoring suspicious prescriptions for addictive opioid painkillers, city officials announced Friday.
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April 19, 2024
Zurich Insurance Hit With $80M Verdict Over 3 Terminations
Three former Zurich American Insurance Co. employees were awarded over $80 million by a Sacramento jury that found they were wrongfully terminated for taking unofficial time off that the plaintiffs said was approved by their supervisor.
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April 19, 2024
NY Diocese Claims Rep Warns Of 'Disaster' If Ch. 11 Scrapped
The future claims representative for sex abuse victims in the bankruptcy case of the Roman Catholic Diocese of Rockville Centre told a New York judge Friday he could not "stand mute while this case barrels on toward disaster," after the organization moved to dismiss its case earlier this month.
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April 19, 2024
Defense Firms Say 'Political Question' Dooms Yemeni War Suit
Three defense contractors warned a D.C. federal court that it would be improperly meddling with the executive branch's national security decisions if it didn't toss a lawsuit accusing the companies of supplying weapons used in Yemen's deadly civil war.
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April 19, 2024
J&J Unit Sued Over Defective Knee Replacements
A woman is suing Johnson & Johnson unit DePuy Orthopaedics in New Jersey federal court, alleging it marketed and sold a faulty knee replacement system that's prone to failing, requiring additional surgery to fix the issue.
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April 19, 2024
Insurer Seeks Exit From Sex Abuse Claims Against Doctor
An insurer for a neurosurgery institute told a Pennsylvania federal court that no coverage exists for several underlying consolidated lawsuits in which former patients allege they were sexually assaulted by a now-deceased neurologist, maintaining the doctor was not an employee of the insured practice.
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April 19, 2024
Mich. Judge Says $12K Fee Spat 'Tremendous Waste Of Time'
A Michigan federal judge on Friday urged attorneys in a slip-and-fall suit to figure out a $12,000 fee dispute soon or risk having to spend a day in person with him in a conference with their clients, something he joked that "nobody ever wants to do."
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April 19, 2024
Nevada Justices Stop Block On State's Ghost Gun Ban
The Nevada Supreme Court has reversed an order blocking enforcement of state laws blocking the sale of so-called ghost gun kits, saying the lower court was wrong in finding the laws were unconstitutionally vague.
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April 19, 2024
Pennsylvania Chocolate Factory Sued Over Fatal Explosion
The estate representing another victim of a 2023 fatal explosion at a Pennsylvania R.M. Palmer chocolate factory has filed suit in state court, claiming the candy company, the gas company and the maker of the plastic gas line all contributed to the catastrophe.
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April 18, 2024
LG Chem Wants NC Man's Exploding Battery Suit Tossed
LG Chem Ltd. is urging a North Carolina federal court to throw out a man's suit alleging that he was injured when one of the company's lithium batteries exploded in his pocket, saying the court doesn't have jurisdiction over the South Korean company.
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April 18, 2024
NY Fertility Clinic Must Face Lost, Damaged Embryos Suit
A New York appellate panel issued a published opinion Thursday reviving a suit over the loss or damage of embryos due to a fertility clinic's alleged negligence, saying the routine storage and maintenance of frozen embryos can be considered ordinary negligence rather than medical malpractice.
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April 18, 2024
Lebanese Bank To Face Victims' Hezbollah Terrorism Suit
New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.
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April 18, 2024
Colo. Panel Says UIM Insurers Didn't Meet State Requirements
USAA and State Farm didn't meet statutory requirements before asserting that a mutual insured didn't comply with their claim inquiring following a motor vehicle incident, a Colorado state appeals court ruled Thursday, adding USAA was required to conduct a claim investigation independent of State Farm's.
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April 18, 2024
Gov't Urges Redo Of Opt-Out Ruling In Camp Lejeune Suits
The federal government has asked the North Carolina federal court overseeing the litigation over contaminated water at the Camp Lejeune base to rethink its decision from two months ago to allow some plaintiffs to opt out of discovery pre-trial.
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April 18, 2024
BNP Paribas Can't Escape Suit Over Sudan's Rights Abuses
A New York federal judge on Thursday largely denied BNP Paribas SA's request for an early win in a lawsuit accusing it of funding the former Sudan government's human rights violations, saying the Sudanese refugee plaintiffs have pointed to a "multitude of proofs" showing the bank's "conscious assistance" and knowledge of Sudan' genocidal acts.
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April 18, 2024
J&J Notches Win In Fla. Talcum Powder Trial
A Florida state jury returned a verdict for Johnson & Johnson on Thursday, finding the company's talcum-based baby powder had not been shown to cause the ovarian cancer of a longtime user of the product.
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April 18, 2024
Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage
A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.
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April 18, 2024
Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court
A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.
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April 18, 2024
Endo Pleads Guilty To Marketing Opioids As 'Crush Proof'
Endo Health Solutions Inc. pled guilty Thursday in Michigan federal court to putting out a drug it falsely advertised as being "crush proof" and "abuse deterrent," part of its larger agreement with the government to resolve nearly $2 billion in civil and criminal claims against the company.
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April 18, 2024
Mich. Supreme Court To Hear Jet's Pizza Settlement Appeal
A woman arguing that her settlement with a Jet's Pizza delivery driver should not have snuffed out her vicarious-liability claim against the driver's employer will get a hearing before Michigan's highest court.
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April 18, 2024
NJ Atty Fires Back At Litigation Funder's $18M Contract Claim
A Florida-based litigation funder that is waging an $18 million breach of contract suit against a New Jersey lawyer has been hit with a countersuit alleging the business reneged on an agreement to secure funding for nationwide personal injury cases.
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April 18, 2024
Maui County Sued Over Wildfire Landfill Debris Storage
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
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April 18, 2024
Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer
A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.
Expert Analysis
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Strategies For Challenging A Fla. Grand Jury Report's Release
A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.