Personal Injury & Medical Malpractice

  • September 21, 2021

    Del. Judge Rejects Boy Scouts Ch. 11 Disclosure Delay

    A Delaware bankruptcy judge opened a Tuesday hearing on the Boy Scouts of America's Chapter 11 disclosure statement by denying tort claimants' and insurance carriers' request for more time to study settlements the organization reached last week.

  • September 21, 2021

    Ill. Justices Mull If Workers' Comp Deal Bars Further Damages

    Justices on Illinois' top court on Tuesday questioned whether a dispute over civil damages for injuries related to a settled workers' compensation claim is actually moot after the plaintiff voluntarily dismissed part of the civil suit.

  • September 21, 2021

    San José State Univ. Pays $1.6M In DOJ Title IX Settlement

    San José State University agreed Tuesday to pay sexual assault victims $1.6 million and improve its Title IX office after the U.S. Department of Justice found the California school buried its head in the sand for years amid reports an athletic trainer was harassing and groping female students.

  • September 21, 2021

    Army Housing Contractors Can't Shield Docs In Mold Dispute

    A Maryland federal magistrate judge ruled Tuesday that two Army contractors couldn't shield certain otherwise privileged consultants' documents in a putative class action accusing the contractors of providing moldy on-base housing, because those consultants worked for both the contractors and their law firm.

  • September 21, 2021

    Full 5th Circ. Reconsiders Allowing $287M Navy Crash Suit

    The full Fifth Circuit questioned during oral arguments on Tuesday whether there was precedent that would allow courts in the U.S. to hear a $287 million lawsuit brought by the families of U.S. Navy sailors who were injured or killed in a crash in Japanese waters.

  • September 21, 2021

    Ga. Justices Revive Auto Injury Case Sunk By Gov't Notice

    The Supreme Court of Georgia revived a woman's auto injury suit against a state entity on Tuesday, reversing a lower court's finding that her notice of claims against the government lacked sufficient detail.

  • September 21, 2021

    Exxon Can't Tap Excess Policies In $20M Injury Coverage Row

    A Texas appeals court on Tuesday overturned a ruling that allowed ExxonMobil Corp. to recover $20 million from a refinery insurer's umbrella policy to settle claims brought by two injured workers, finding Exxon's agreement with the workers' employer didn't allow it to tap coverage under the policy.

  • September 21, 2021

    Fla. Hospital Wants Out Of $30M Fatal Broken Ankle Verdict

    Baptist Health asked a Florida appeals court on Tuesday to get out of its share of a $30 million medical malpractice verdict for the widower of a woman who died of a blood clot after she broke her ankle, arguing that the plaintiff's expert witness' conclusion that a Baptist Health doctor breached the standard of care "lacks any factual foundation."

  • September 21, 2021

    NJ Court Won't Stop J&J's 'Texas Two-Step' In Talc Suits

    A New Jersey state judge refused to preemptively block Johnson & Johnson from engaging in a bankruptcy maneuver, the so-called Texas Two-Step, that cancer patients say would unlawfully shield company assets from claims its talcum powder products caused their illness.

  • September 21, 2021

    Pa. Justices Split Over Whether Two Words Warrant Retrial

    At least two members of the Supreme Court of Pennsylvania were divided Tuesday over whether an attorney's implication that a former NFL player "couldn't find" a single expert among thousands who could back up his lawsuit was prejudicial enough to warrant tossing a jury's verdict and granting a new trial in his medical malpractice case.

  • September 21, 2021

    Video Properly Used To Impeach Witness, NC Court Finds

    The North Carolina Court of Appeals on Tuesday upheld a win for a physician in a suit alleging he injured a woman by using the wrong kind of screw during foot surgery, finding that a video showing the woman doing several activities she testified were impossible because of her injury was correctly admitted as evidence to impeach her.

  • September 21, 2021

    Ga. High Court Won't Drop Rule On Foreign Co. Jurisdiction

    The Georgia Supreme Court on Tuesday declined to overrule a nearly 30-year-old precedent granting state courts jurisdiction over companies registered to do business in the state, allowing a suit over faulty tires to go forward.

  • September 21, 2021

    Honeywell Fights Ch. 11 Asbestos Trust Over $2.3B Liability

    Honeywell Inc. and the asbestos injury trust created under the Chapter 11 plan of its former affiliate North American Refractories Co. traded complaints late Monday in a Pennsylvania bankruptcy court over the distribution of the trust's $2.3 billion in funds, for which Honeywell is liable.

  • September 21, 2021

    Pa. Justices Ask If Biz Can Duck Registration, Jurisdiction

    Pennsylvania's Supreme Court justices pressed counsel for Norfolk Southern Railway Co. on Tuesday over whether the railroad really had to register as an out-of-state corporation in order to move goods through the Keystone State — giving the state's courts general jurisdiction over a broad range of lawsuits against the company — or if it could've theoretically skipped registration.

  • September 21, 2021

    Paragard IUD Maker Wants 'Shotgun' MDL Claims Tossed

    The makers of the Paragard birth control device asked a Georgia federal judge on Tuesday to toss the master complaint in multidistrict litigation comprising almost 500 plaintiffs who say the device is defective, saying it's a shotgun pleading without specificity.

  • September 21, 2021

    Feds Settle Terminally Ill Vet's Burn Pit Med Mal Suit For $3M

    A Vermont federal judge on Monday approved a $3 million settlement for a veteran with "limited" life left and his family, resolving medical malpractice claims that the Veterans Administration hospital failed to diagnose the soldier's colon cancer caused by his breathing burn pit fumes during his tours in Iraq and Afghanistan.

  • September 20, 2021

    J&J May Court Trouble With 'Texas Two-Step' Talc Gambit

    An untested legal maneuver could help Johnson & Johnson wipe out billions of dollars in claims over its allegedly cancer-causing talcum powder, but pending legislation and likely fraud allegations may block a move plaintiffs' lawyers deride as a "Texas two-step."

  • September 20, 2021

    Attys Sort Out Duplicate Counsel In Chiquita Terror MDL

    Attorneys representing hundreds of plaintiffs seeking to hold Chiquita Brands International Inc. liable in multidistrict litigation for funding a right-wing Colombian paramilitary group they claim killed their relatives told a Florida federal court Monday that they had sorted out disputed overlapping representations on the eve of a scheduled hearing.

  • September 20, 2021

    Imerys Ch. 11 Vote Change Challenged By Del. Judge

    A Delaware bankruptcy judge questioned attorneys for a group of talc injury claimants Monday who want to change their votes on the Chapter 11 plan of Imerys Talc America, seeking to determine if their change request was submitted in good faith since the claims were only subject to minimal vetting.

  • September 20, 2021

    Insurer Can't Dodge Coverage For Teacher Assault Suit

    An insurer cannot rely on a criminal act exclusion to deny coverage for a student accused of injuring his teacher, an Arizona federal judge said, finding it's hard to determine the child's true intent because of his attention deficit/hyperactivity disorder, autism and other diagnoses.

  • September 20, 2021

    Auto Parts Maker Escapes Suit Over Fatal Factory Accident

    A Michigan federal judge on Monday freed auto parts maker Flex-N-Gate LLC from a suit over a maintenance worker who was killed by a faulty robot, saying state law blocks her husband's negligence claims.

  • September 20, 2021

    Release From Ga. ICE Facility Moots Women's Habeas Claim

    A federal judge has refused to grant a temporary restraining order to a group of women suing over alleged medical misconduct at an immigration detention facility in Georgia, ruling that they are not at risk of retaliatory deportation.

  • September 20, 2021

    Juul, Altria Fight Investors' Class Certification Bid

    Tobacco company Altria Group Inc. and vaping company Juul Labs Inc. have asked a Virginia federal judge to deny a proposed group of investors' request for class certification in a suit over claims the companies knowingly marketed to underage consumers.

  • September 20, 2021

    Ex-Athletes Seek Judge's Recusal In Ohio State Abuse Suit

    Former athletes suing Ohio State University over allegations that a now-deceased university sports doctor sexually abused them have urged an Ohio federal judge to recuse himself from their consolidated suits because of his ties to the school and the recent discovery that his wife manufactures and sells Ohio State merchandise.

  • September 20, 2021

    Insurer Wants Out Of Hospital's Med Mal Suit Defense

    A surplus insurer said an Illinois hospital has no coverage under its excess policy to defend itself in a medical malpractice lawsuit alleging negligence during a birth because the hospital didn't notify the insurer until six years after the event.

Expert Analysis

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Calif. Cos. Face Tricky Hurdle In Workers' Comp. Recovery

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    California employers suing negligent third parties to recover workers’ compensation benefits paid out on behalf of their employees must consider how the potential for reimbursement could be hindered by a loss of consortium claim from an injured worker’s spouse or partner asserting entitlement to separate recovery of the settlement funds, says Saerim Luciano at Pearlman Brown.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How Court Ruling, DOE Guidance Change DeVos' Title IX Rule

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    A Massachusetts federal court's recent ruling in Victim Rights Law Center v. Miguel Cardona, striking down a controversial provision of the Trump administration's Title IX regulations, and subsequent Department of Education guidance will have a significant, immediate impact on Title IX investigations at higher education institutions nationwide, say attorneys at Hunton.

  • Texas Negligence Case Holds Lessons For Construction Cos.

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    The Texas Supreme Court's recent decision in JLB Builders v. Hernandez, finding that a general contractor was not liable for a worker's injury, means that contractors can enforce workplace safety policies without exposing themselves to litigation, as long as they draft their contracts carefully, say Travis Brown and Samuel Crecelius at Cokinos Young.

  • Chlorpyrifos Lawsuits, EPA Ban Signal Risk For Companies

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    Recently initiated lawsuits in California concerning the pesticide chlorpyrifos, and the U.S. Environmental Protection Agency's newly announced ban of the chemical, mean that entities applying pesticides to crops or managing public water systems should prepare for more litigation, say Jason Meyer and Austin Elig at Gordon Rees.

  • Aviation Watch: Space Tourists Are In A Legal Vacuum

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    Public interest in space tourism has surged after recent flights by Richard Branson and Jeff Bezos, but the industry currently exists in regulatory and legal limbo — and those who sign up are experimental subjects, rather than passengers with a reasonable expectation of safe carriage, says Alan Hoffman, a retired attorney and aviation expert.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • Steps For Gov't Contractors As US Leaves Afghanistan

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    The U.S. government has offered government contractors little guidance on managing amid the crisis in Afghanistan, but certain concrete steps may help protect personnel, keep sensitive property out of the hands of the Taliban and minimize the risk of future litigation, say Robert Nichols and Alan Chvotkin at Nichols Liu.

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