Personal Injury & Medical Malpractice

  • September 23, 2022

    Jones Ends Trial Week With Wish Jurors Would Do Research

    Conspiracy theorist Alex Jones told media outside of a Connecticut courthouse Friday morning that if he could speak to jurors in his Sandy Hook defamation trial, he would tell them to "research history," prompting a strong jury instruction from the judge.

  • September 23, 2022

    Ga. Judge Dismisses Ethylene Oxide Exposure Case

    A Georgia federal judge granted a win Friday to a medical sterilization business in a 23-plaintiff case alleging various injuries caused by exposure to the chemical ethylene oxide, but left the door open for all but three claimants to try again with more specificity.

  • September 23, 2022

    Split 6th Circuit Says FTCA Bars Brutality Suit Against FBI Pair

    A split Sixth Circuit panel has thrown out claims from a man alleging a pair of plainclothes FBI task force members violated his constitutional rights by beating him to near unconsciousness, saying the circuit's precedent dictates that the government's win on Federal Tort Claims Act claims bars claims against the two FBI agents, even if they are within the same suit.

  • September 23, 2022

    Owens-Illinois Unit Ordered To Open Asbestos Claim Database

    A Delaware bankruptcy judge has told the reorganized asbestos unit of Owens-Illinois Inc. that it will have to open its database of asbestos injury claims to a pair of companies facing their own asbestos liability in pending North Carolina bankruptcy cases.

  • September 23, 2022

    Fla. Appeals Court Says Doctor 'Split Hairs' Opposing Expert

    A Florida appeals court on Friday revived a woman's claims that she suffered permanent eye damage when her ophthalmologist misdiagnosed her following nasal surgery, saying the doctor "split hairs" by arguing that the woman's expert didn't operate in the same specialty.

  • September 23, 2022

    6th Circ. Blames Attys For Parents' Loss Of Son's Suicide Suit

    Bad legal counsel cost two parents the chance to continue a suit accusing their son's school of contributing to his suicide by singling him out for disproportionate punishment, the Sixth Circuit said in a decision refusing to revive the litigation.

  • September 23, 2022

    HONX Creditors Accuse Debtor Of Filing Ch. 11 In Bad Faith

    The official committee of unsecured creditors of a bankrupt Hess Corp. unit told a Texas judge the company's Chapter 11 should be dismissed because it was filed in bad faith with no operations or hope of reorganizing the business.

  • September 23, 2022

    Jury Frees Delta, Drunk Passenger From Groping Suit

    A federal jury in Pittsburgh on Friday cleared Delta Air Lines of liability for an intoxicated passenger who boarded a flight and allegedly groped a federal officer.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

    Jones Day Atty Faces Sanctions Bid In Paraquat MDL

    Plaintiffs accusing Syngenta and Chevron of selling the herbicide paraquat despite knowing about its health effects are pushing for sanctions against a Jones Day lawyer representing Chevron, claiming she obstructed a deposition and coached a witness.

  • September 22, 2022

    Combative Jones Mostly Denies Harm In Newtown Testimony

    Conspiracy theorist Alex Jones took the stand on Thursday in a damages trial over his false statements about the Sandy Hook massacre in Newtown, Connecticut, sparring with a lawyer for victims' families while at one point acknowledging it "could be" harmful to falsely call bereaved people actors.

  • September 22, 2022

    'No Real Possibility' Bryant Would See Crash Pics, LA Says

    There is "no real possibility" Vanessa Bryant might stumble on photos of the helicopter crash that killed her husband and daughter, Los Angeles County told a California federal judge Wednesday, saying there's no evidence that the photos shared among county first responders were publicly disseminated.

  • September 22, 2022

    Boeing To Pay $200M To End SEC Fraud Probe Over 737 Max

    Boeing will pay $200 million to settle allegations it misled investors about the 737 Max jet's overall safety after two fatal crashes, and the company's former chief executive will fork over an additional $1 million, the U.S. Securities and Exchange Commission said Thursday.

  • September 22, 2022

    Kreindler Sanctioned Over Deposition Leak In 9/11 MDL

    A New York federal magistrate judge has sanctioned Kreindler & Kreindler LLP and its former consultant over the leak of a deposition from multidistrict litigation over the 9/11 attacks, saying it was deliberately leaked to "embarrass" defendant Saudi Arabia.

  • September 22, 2022

    'Stay In Your Lane,' Pa. Panel Tells Judge In Ivermectin Case

    A Pennsylvania state appeals court in a precedential ruling Thursday told a county judge to "stay in your lane," overturning an injunction forcing a University of Pittsburgh Medical Center hospital to administer ivermectin to a COVID-19 patient at the request of his power of attorney.

  • September 22, 2022

    Baker Donelson Dodges Damage Theory In Surveillance Case

    A woman who says she settled injury claims for far less than they were worth after being illegally surveilled at the behest of an insurance company and lawyers from Baker Donelson Bearman Caldwell & Berkowitz PC cannot ask jurors to determine what she would have received had the case gone to trial, a Georgia state court judge has ruled.

  • September 22, 2022

    Fla. Panel Reinstates Radiology Co.'s Unpaid Claim Fight

    A Florida appellate panel reinstated a radiology provider's suit against an insurer over unpaid medical bills, finding that a lower court was wrong to rely on a separate judgment declaring an auto policy void as the basis for granting dismissal.

  • September 22, 2022

    Former California Superior Court Judge Joins JAMS

    Retired California Superior Court Judge Barry Baskin has joined JAMS, the alternative dispute resolution services organization.

  • September 22, 2022

    TPC Must Let All Creditors Reject Releases In Ch. 11 Vote

    A Delaware bankruptcy judge Thursday told TPC Group that it can send its Chapter 11 plan to creditors for a vote, so long as the petrochemical maker's unsecured creditors have the option to vote for the plan but opt out of its legal releases.

  • September 22, 2022

    Hall Booth Adds Miami Litigator From Luks Santaniello

    Hall Booth Smith PC added a new partner and litigator in its Miami office from Luks Santaniello Petrillo Cohen & Peterfriend in an effort to grow the firm in Florida to meet client needs.

  • September 22, 2022

    Aetna Defends Bid To End Class In Benefits Clawback Suit

    Aetna Life Insurance Co. has criticized arguments from a class of policyholders alleging the company clawed back disability benefits, asserting in its attempt to decertify the class that the lead plaintiff had ignored new Third Circuit precedent that alters the legal landscape for such claims.

  • September 22, 2022

    Kelley Kronenberg Adds 3 Personal Injury Protection Attys

    Kelley Kronenberg has added a partner to its Fort Lauderdale, Florida, office from Kubicki Draper, as well as two associates in the Sunshine State who focus on personal injury protection matters.

  • September 21, 2022

    Jones' Lies Devastated Sandy Hook Victims, Jury Hears

    Family members of three people killed in the Sandy Hook mass shooting testified Wednesday about the effects on their lives of Alex Jones' smears, with one saying the resulting flood of hateful messages was "swallowing me whole."

  • September 21, 2022

    Insurers Begin Filing Appeals Opposing Boy Scouts' Ch. 11

    More than a dozen insurers that opposed the Chapter 11 plan of the Boy Scouts of America filed notices of appeal Wednesday in Delaware's bankruptcy court, kicking off an appeals process two weeks after the debtor's plan was confirmed.

  • September 21, 2022

    Tennis Pro Given Chance To Replead Sex Battery Claims

    A Florida federal judge on Wednesday dismissed a sexual battery suit filed by professional tennis player Kylie McKenzie against the U.S. Tennis Association but gave her a chance to fix her errors, as long as negligence-related allegations that are rolled into one count are distinguished separately.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • How New Public Nuisance Claims Are Targeting Gun Cos.

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    When gun manufacturers were hit with a wave of public nuisance lawsuits in the early 2000s, Congress intervened — but recent litigation and legislation in New York and Indiana may foretell a new era of public nuisance claims against the gun industry, says Gregory Heinen at Foley & Lardner.

  • 9th Circ. Ruling Highlights Divide On Ch. 11 Interest Rates

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    The Ninth Circuit’s recent ruling in Pacific Gas and Electric’s Chapter 11 case is the first federal circuit court ruling on post-petition interest rates — an issue that has bedeviled bankruptcy courts and could lead to a circuit split that finds its way to the U.S. Supreme Court, say Seth Kleinman and Miranda Russell at MoFo.

  • Boy Scouts Ch. 11 Case Highlights Third-Party Release Split

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    The Delaware bankruptcy court's recent approval of major parts of the Boy Scouts’ Chapter 11 plan showcases a split among federal district courts as to whether bankruptcy courts have the constitutional authority to approve third-party releases on a final basis, bringing unpredictability and ambiguity to settlements and dealmaking, say attorneys at V&E.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • Autonomous Vehicle Product Liability Cases: The Road Ahead

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    There have been few traditional product liability lawsuits surrounding autonomous vehicles so far, but a review of three notable recent cases offers insights into where future litigation may be heading — and in particular, how negligence and failure to warn claims may fare in court, say Elsa Bullard and Tess Godhardt at Faegre Drinker.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • FTC Settlement Puts Contact Lens Compliance In Sharp Focus

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    The Federal Trade Commission's recent $3.5 million settlement with Vision Path over improper online sales of prescription contact lenses, and related online reviews, demonstrates that companies must eye their legal responsibilities under the Contact Lens Rule and the FTC Act carefully to mitigate legal risks and liability, says David Oberly at Squire Patton.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

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