Personal Injury & Medical Malpractice

  • June 24, 2022

    Maxwell Wants To Nix 4 Accusers' Testimony At Sentencing

    Ghislaine Maxwell told a Manhattan federal judge on Friday that four women who say they were abused by her and Jeffrey Epstein shouldn't be allowed to give victim impact statements at her sex-trafficking sentencing on Tuesday, saying the proceeding "should not be an open-mike forum for any alleged victim."

  • June 24, 2022

    Abortion Questions Swirl Over Health Attys In Post-Roe World

    Lawyers for the health care industry's myriad participants — hospitals, pharmacies, telemedicine platforms, investors and more — are fielding countless queries about ethical duties to patients and a minefield of legal risks after the U.S. Supreme Court erased the constitutional right to abortion and allowed states to criminalize the procedure.

  • June 24, 2022

    Pa. Feds Say 2 Attys Siphoned Legal Fees From Former Firm

    Two personal injury attorneys are accused of resolving cases behind their former law firm partners' backs and pocketing thousands of dollars in legal fees for themselves, federal prosecutors in Pennsylvania said Friday.

  • June 24, 2022

    Texas Justices Asked To End Pacemaker Implant Suit

    A Texas hospital is asking the state supreme court to toss a woman's lawsuit accusing its doctor of negligently and unnecessarily implanting a pacemaker, arguing that the medical center is forced to play a "game of gotcha" if required to object to every untimely expert report the patient files.

  • June 24, 2022

    Ill. Justices Back Revival Of 1 Claim In Hip Surgery Suit

    The Illinois Supreme Court said Friday that a lower appellate panel was only half right to revive negligence claims against two doctors who allegedly botched a hip replacement surgery, because the panel lacked jurisdiction to review one of the doctor's summary judgment wins.

  • June 24, 2022

    Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit

    A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.

  • June 24, 2022

    7th Circ. Won't Revive Class Fraud Claims In Sex Abuse Suit

    The Seventh Circuit has affirmed former USA Volleyball coach Rick Butler's defeat of consumer fraud claims stemming from his alleged concealment of sexual abuse accusations against him, agreeing that the lead plaintiff in the case knew about an Illinois agency and USA Volleyball's findings about his alleged sexual abuse and enrolled her children in his club's programs anyway.

  • June 24, 2022

    Ex-High School Athlete Takes Football Injury Suit To Justices

    A former high school football player is asking the U.S. Supreme Court to revive his civil rights lawsuit against a Texas school district over multiple concussions he suffered during practices, in a bid to overturn the Fifth Circuit's rejection of the "state-created danger" doctrine.

  • June 24, 2022

    Southwest Airlines Settles Teen's Midair Sex Assault Case

    Southwest Airlines Co. avoided a Texas state court jury trial by agreeing to settle allegations it enabled a male passenger to sexually assault a 13-year-old girl on a Las Vegas-to-San Antonio flight by repeatedly serving him alcoholic drinks in flight, despite his already being intoxicated upon boarding.

  • June 24, 2022

    NJ Midyear Report: Disbarment Rethink, Record Access Wins

    The New Jersey Supreme Court in recent months opened the door to reinstating disbarred attorneys and ensured public access to law enforcement records, while lower appellate courts blessed nondisparagement clauses in employment-related settlement agreements and put the burden on personal injury litigants to justify conditions for defense medical examinations.

  • June 24, 2022

    Alex Jones Must Pay Sandy Hook Defamation Case Sanctions

    Conspiracy theorist podcaster Alex Jones lost his bid Friday to delay the payment of $1 million in sanctions ordered by a Texas state court judge in a defamation suit brought by families of victims of the 2012 Sandy Hook Elementary School shooting when the court said he is able to pay the fines and still continue defending himself in the proceedings.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Insurer Asks 11th Circ. To Nix $60M Surgery Death Claim

    A Georgia federal court properly rejected a man's bid to recover a $60 million judgment against a medical practice stemming from a liposuction-related death from the practice's insurer, the insurer told the Eleventh Circuit, asking the panel to affirm the lower court's decision.

  • June 23, 2022

    High Court Ruling Tees Up Tough Gun Control Battle

    The U.S. Supreme Court's expansion of gun rights Thursday was one of the largest in recent history and is certain to erode strict gun control laws in some states, and while resistance strategies are available, it won't be easy to circumvent the decision, experts said.

  • June 23, 2022

    'Absurd' Loophole Keeping Abbott Formula Suits Federal Fails

    An Illinois federal judge overseeing multidistrict litigation alleging Abbott Laboratories' Similac infant formula caused a deadly illness in premature babies on Wednesday remanded four of the cases to state court, finding that allowing the medical company to use the "snap removal" loophole would "produce absurd results."

  • June 23, 2022

    Pa. Court Worries Bridge Collapse Case Could Be 'Quagmire'

    Lawsuits over the collapse of a Pittsburgh bridge could turn into a "procedural quagmire" if the National Transportation Safety Board objects to producing inspection reports and maintenance records that several people injured in the fall want in order to prepare their complaints, a Pennsylvania state court judge said Thursday.

  • June 23, 2022

    Feds Say NC Doctor Defrauded Medicare Out Of $11M

    A doctor working for a telemedicine company has been charged with health care fraud and lying to the government after federal prosecutors in North Carolina said she signed off on $11 million worth of bogus claims for reimbursement relating to orthopedic braces.

  • June 23, 2022

    Steel Co.'s Insurer Wins Coverage Fight Over Injury Suit

    A New York federal judge ruled that a general contractor facing personal injury claims by a steel subcontractor's employee can't tap into additional-insured coverage under the subcontractor's policy.

  • June 23, 2022

    Ghislaine Maxwell Deserves At Least 30 Years, Feds Say

    Ghislaine Maxwell should receive a sentence no shorter than 30 years behind bars for her sex-trafficking conviction, federal prosecutors told a Manhattan federal judge Thursday, saying she and Jeffrey Epstein were "partners in crime" who caused "devastating harm to vulnerable victims."

  • June 23, 2022

    5th Circ. Grants En Banc Hearing On ATF's Bump Stock Ban

    The Fifth Circuit on Thursday vacated a December ruling upholding the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks and granted an en banc rehearing of a suit challenging the rule.

  • June 23, 2022

    Abbott Must Face Suit Over Anticonvulsant Birth Defect Risks

    An Illinois appellate panel on Thursday reversed a summary judgment win for Abbott Laboratories in a suit brought by a couple claiming it failed to sufficiently warn physicians that its anticonvulsant drug Depakote could cause birth defects, ruling the suit wasn't barred by another case the couple filed against a Chicago hospital and its doctors.

  • June 23, 2022

    Judge Approves $1B Surfside Deal, Holds Off On Fee Request

    The judge overseeing the consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside, Florida, approved a $1.02 billion global settlement on Thursday, but said he would not rule on a $100 million fee request from class counsel until after he had completed the claims process with victims.

  • June 23, 2022

    Clement Exits Kirkland After Firm Drops Gun Cases

    Kirkland & Ellis LLP announced Thursday the firm will no longer handle gun rights cases just hours after notching a U.S. Supreme Court victory that knocked down a gun control law in New York. The move led partners Paul Clement and Erin Murphy to depart from Kirkland to open their own appellate firm.

  • June 23, 2022

    3rd Circ. Upholds Tossing Of Rutgers Sex Assault Case

    The Third Circuit has upheld Rutgers University's win in a lawsuit brought against it over two of its football players allegedly sexually assaulting a college freshman.

  • June 23, 2022

    Cyprus Mines Wins Ch. 11 Stay Of Actions Against Parent

    Talc producer Cyprus Mines Corp. received approval Thursday from a Delaware bankruptcy judge to extend the automatic stay of litigation against its nondebtor parent company to stop the prosecution of claims for talc injury against the parent.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • When A Nonmanufacturer Is The 'Apparent Manufacturer'

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    A recent Washington state case addressed consumer expectations with respect to a manufacturer's advertisements, which is a reminder that retailers can be held liable for products they don't manufacture based on labeling and advertising under the apparent manufacturer doctrine, say Christopher Carton and Jasmine Owens at Bowman and Brooke.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
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    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Opinion

    State Crackdown On Deceptive Ads For Drug Suits Is Welcome

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    Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.

  • Employers Must Prepare For Revival Law Sex Abuse Claims

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    Laws temporarily reopening litigation windows for sexual abuse cases, like New York's recently enacted Adult Survivors Act, leave employers with a number of defenses against vicarious liability, but it is imperative that organizations investigate potential exposure before relevant window periods take effect, say attorneys at Troutman Pepper.

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