A Michigan federal jury awarded more than $8.5 million in damages Wednesday to a man who died of kidney cancer, finding that a doctor at a cancer clinic missed an opportunity to diagnose the cancer before it spread to his brain.
Law360
Health
SATURDAY, JULY 27, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Mich. Jury Awards $8.5M For Missed Cancer Diagnosis

By Carolyn Muyskens

A Michigan federal jury awarded more than $8.5 million in damages Wednesday to a man who died of kidney cancer, finding that a doctor at a cancer clinic missed an opportunity to diagnose the cancer before it spread to his brain.

2 documents attached | Read full article » | Save to favorites »

Wash. High Court Tosses Nurse's Religious Bias Lawsuit

By Emily Brill

A state-run residential care facility was allowed to fire a nurse who kept requesting religious leave after the facility had already given her nine days off to practice nondenominational Christianity — seven more religious days than its union contract required, Washington state's high court ruled Thursday.

Opinion attached | Read full article » | Save to favorites »

Mich. Justices Roll Back Expert Limits For Med Mal Plaintiffs

By Danielle Ferguson

A split Michigan Supreme Court on Thursday partly overturned a nearly 20-year-old standard that made it harder for medical malpractice plaintiffs to introduce expert testimony, as dissenting justices warned the change could unleash a cascade of new appeals.

Opinion attached | Read full article » | Save to favorites »

3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11

By Lauren Berg

The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.

Decision attached | Read full article » | Save to favorites »

ENFORCEMENT & COMPLIANCE

'AntiVaxMomma' Gets Jail Time, Despite Duress Claim

By Rachel Scharf

A Manhattan judge sentenced a woman to at least 1½ years in jail Thursday for selling fake COVID-19 immunization credentials under the Instagram handle "AntiVaxMomma," rejecting the defendant's claim that she didn't have enough time to weigh a plea offer before admitting her guilt.

Read full article » | Save to favorites »

LITIGATION

Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus

By Daniel Ducassi

Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.

Brief attached | Read full article » | Save to favorites »

Radiologist Leans On Muldrow At 1st Circ. Bias Arguments

By Amanda Ottaway

 A newly minted First Circuit judge dove enthusiastically into his first oral argument session Thursday, lobbing questions at a Boston medical center and a radiologist who said her discrimination and whistleblower case should be revived in part because of an April U.S. Supreme Court decision.

Read full article » | Save to favorites »

Brief

4th Circ. Vacates FTC Loss After Novant Bows Out Of Merger

By Hayley Fowler

The Fourth Circuit has agreed to vacate a North Carolina federal judge's ruling allowing Novant Health's planned $320 million hospital merger to advance after the Federal Trade Commission secured an emergency injunction on appeal that effectively killed the deal.

Order attached | Read full article » | Save to favorites »

DEALS

Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO

By Tom Zanki

Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.

Read full article » | Save to favorites »

EXPERT ANALYSIS

Bid Protest Spotlight: Standing, Prejudice, Conflicts

In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.

3 documents attached | Read full article » | Save to favorites »

LEGAL INDUSTRY

Analysis

How Being A Female Litigator May Aid Harris' Presidential Bid

By Aebra Coe

Female litigators regularly confront implicit biases and double standards when it comes to "their appearance, voice, attire, demeanor and their advocacy," according to the author of an American Bar Foundation research report on first chair trial lawyers.

Read full article » | Save to favorites »

'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years

By Carla Baranauckas

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.

Read full article » | Save to favorites »

Analysis

How Barrett Became The High Court's Justice To Watch

By Katie Buehler

Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.

Read full article » | Save to favorites »

Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial

By Lynn LaRowe

Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.

3 documents attached | Read full article » | Save to favorites »

Attys Face Sanctions For Fake Citations In Whistleblower Suit

By Rachel Rippetoe

A Virginia federal judge has asked lawyers representing a plaintiff in a whistleblower case to defend why they should not be sanctioned for including seemingly fabricated case sources in a brief objecting to a protective order, questioning whether it was a case of "ChatGPT run amok."

Opinion attached | Read full article » | Save to favorites »

Ex-Thompson Hine Atty Says Firm Can't Oppose NY Jurisdiction

By Xiumei Dong

Former Thompson Hine LLP income partner Rebecca Brazzano fired back at efforts by two firm partners to dismiss her lawsuit alleging sexual harassment, contending among other arguments that they waived their right to contest personal jurisdiction by filing another motion that attempts to force arbitration that didn't raise the jurisdiction issue.

2 documents attached | Read full article » | Save to favorites »

Cuomo Harassment Document Fight Heads To NY Appeals Court

By Rachel Scharf

A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

Read full article » | Save to favorites »

Rutgers Fights Contempt Bid By Student Who Filed Bias Suit

By Rose Krebs

Rutgers University wants a New Jersey state court to reject a bid by a law school student who filed a discrimination suit against it to hold the school in contempt for moving ahead with disciplinary measures against him, arguing there is "no basis" to grant the request.

Brief attached | Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Boyden Gray PLLC leads this week's edition of Law360 Legal Lions, after the full Fifth Circuit struck down as unconstitutional the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users.

Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

What a news week! President Joe Biden started it off by announcing he would not seek re-election, but then said he would push for reform of the U.S. Supreme Court in his remaining time. And the Boeing Co. confirmed it has finalized its agreement with federal prosecutors to plead guilty to one count of criminal conspiracy to defraud, related to safety issues and two fatal plane crashes.

Read full article » | Save to favorites »

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

Assa Abloy Resolves DOJ Merger Monitor Dispute

By Bryan Koenig

Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

Report attached | Read full article » | Save to favorites »

Georgia Judge Won't Block Prosecutor Oversight Commission

By Kelcey Caulder

A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.

Order attached | Read full article » | Save to favorites »

SEC Sues Banker And Ex-Prosecutor Alleging $1.6M Fraud

By Rae Ann Varona

A Georgia banker fraudulently bilked approximately $1.6 million from unsuspecting investors for "furs and furniture" and other expenses while a former Florida prosecutor ignored several red flags when holding on to the investments, the U.S. Securities and Exchange Commission told a Georgia federal court.

Complaint attached | Read full article » | Save to favorites »

Colorado's New Chief Justice Sworn In

By Daniel Ducassi

Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »

Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial

By Gina Kim

Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.

Read full article » | Save to favorites »

Hunter Biden's Attys Made 'False Statements,' Judge Says

By Bonnie Eslinger

The California federal judge overseeing Hunter Biden's criminal tax trial threatened to sanction the presidential son's lawyers Wednesday, saying they made "false statements" in a motion to dismiss that cited a Florida federal judge's order disqualifying the special prosecutor in Donald Trump's classified documents case.

Order attached | Read full article » | Save to favorites »

Promo that reads Law360 Diversity Snapshot Promo that reads 2024 Rising Stars

COMPANIES IN TODAY'S NEWS

A Square Group

Advanced Analytical Consulting Group

Allergan PLC

Alphabet Inc.

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

American Bar Foundation

Apple Inc.

Archer-Daniels-Midland Co.

Assa Abloy AB

AstraZeneca PLC

Bank of America Corp.

Blackstone Inc.

Bloomberg

Boston Medical Center

Bunge Ltd.

Cargill Inc.

Chevron Corp.

Coatue Management LLC

Consolidated Edison Inc.

Delta Air Lines Inc.

Ford Motor Co.

Forest Laboratories Inc.

Fortune Brands Home & Security Inc.

George Washington University

Google LLC

Government Accountability Project

Grant Thornton LLP

HSBC Holdings PLC

Hellman & Friedman LLC

Instagram Inc.

Johnson & Johnson

LinkedIn Corp.

MasterCard Inc.

McKesson Corp.

Medline Industries Inc.

Microsoft Corp.

National Association for Law Placement Inc.

Natural Resources Defense Council

Novant Health Inc.

Omnitracs LLC

QUALCOMM Inc.

Regeneron Pharmaceuticals Inc.

Southwestern Law School

Spectrum Brands Inc.

Spectrum Management Holding Co.

The Boeing Co.

The Carlyle Group Inc.

The Home Depot Inc.

The Metropolitan Museum of Art

Tiger Global Management LLC

United Therapeutics Corp.

Viela Bio Inc.

WNS (Holdings) Limited

Warner/Chappell Music Inc.

Wells Fargo & Co.

LAW FIRMS IN TODAY'S NEWS

AMD Solicitors

Archer & Greiner

Arnold & Porter

Arrowood LLP

Bailey & Glasser

Baker Botts

Bird & Bird

Boyden Gray

Brown Rudnick

Bruce P. Brown Law

Bryan Cave

Cadwalader Wickersham

Cleary Gottlieb

Collins Einhorn

Constangy Brooks

Crowell & Moring

DLA Piper

Faegre Drinker

Figari & Davenport

Fried Frank

Genova Burns

Geragos & Geragos

Gibbons PC

Gibson Dunn

Girardi & Keese

Glavin PLLC

Goodwin Procter

Hausfeld LLP

Haynes & Boone

Hill Dickinson

Hogan Lovells

Holland & Knight

Hunton Andrews

Javerbaum Wurgaft

Jones Day

Kirkland & Ellis

Kramer Levin

Latham & Watkins

Loeb & Loeb

Massey & Gail

Mayer Brown

Mazie Slater

McElroy Deutsch

McGuireWoods

Mishcon de Reya

MoloLamken

Morgan Lewis

Morrison Foerster

Nichols Brar

Orrick Herrington

Otterbourg PC

Pachulski Stang

Parker Poe

Parker Young

Parkins & Rubio

Paul Weiss

Penningtons Manches

Plunkett Cooney

Polsinelli PC

Reynolds Porter

Robbins Alloy

Robinson Bradshaw

Segal McCambridge

Shakespeare Martineau

Sheppard Mullin

Sher Tremonte

Sidley Austin

Simmons & Simmons

Sommers Schwartz

Stewarts Law LLP

Sunlight Law PLLC

Thompson Hine

Treece Alfrey

Tycko & Zavareei

Ven Johnson Law

Ventola Law

Ward & Berry

Wedlake Bell

Wheeler Trigg

Williams & Connolly

Winston & Strawn

Wordley Partnership

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Colorado Supreme Court

Companies House

Consumer Financial Protection Bureau

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Federal Acquisition Regulatory Council

Federal Communications Commission

Federal Trade Commission

Financial Conduct Authority

Georgia Supreme Court

Manhattan District Attorney's Office

National Crime Agency

New York State Police

Port of Seattle

Superior Court of Fulton County

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Delaware

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Virginia

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of West Virginia

Washington Attorney General's Office