Personal Injury & Medical Malpractice

  • September 13, 2024

    3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit

    The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.

  • September 13, 2024

    Makers Of Paragard Say Time Ran Out On Claims In 236 Suits

    Teva Pharmaceuticals and The Cooper Cos. pressed an Atlanta federal judge to pare back multidistrict litigation over alleged defects in the Paragard IUD by dismissing untimely claims across 236 complaints.

  • September 13, 2024

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

    This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.

  • September 12, 2024

    Medical Abuse Of DHS Detainees Suits Head To Mediation

    Two cases brought by immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody were sent to mediation Wednesday.

  • September 12, 2024

    Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction

    The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.

  • September 12, 2024

    Lawmakers Urged To Reopen UK Whiplash Injury Portal Probe

    A trade body for personal injury firms has called for MPs to reopen a parliamentary inquiry into the impact on claimants of a new online portal for insurance compensation for whiplash injuries to the neck.

  • September 12, 2024

    Mass Tort Boutique Leader On Sizing Up With Anapol Weiss

    Nearly four years after leaving the corporate defense world to launch her own five-attorney plaintiffs' boutique, former Wilkinson Stekloff LLP founding partner Alexandra Walsh says she's looking forward to spending more time in the courtroom as her firm is absorbed by Philadelphia-based mass tort and personal injury firm Anapol Weiss. Here, Law360 Pulse speaks with Walsh about the decision to merge and about her move from the defense to the plaintiffs' bar.

  • September 12, 2024

    Weinstein Hit With New Charges In NY Ahead Of Retrial

    Harvey Weinstein was charged in a new indictment Thursday as Manhattan prosecutors prepare to retry the disgraced Hollywood mogul after his previous sex-crimes conviction was overturned.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    Norfolk Southern Fires CEO, CLO Over Relationship

    Norfolk Southern Corp. fired CEO Alan Shaw and chief legal officer Nabanita Nag after it found in an investigation that they'd had a consensual relationship that violated company policy, the Atlanta-based transportation giant said Wednesday evening.

  • September 11, 2024

    Philadelphia Jury Clears Monsanto In City's 5th Roundup Trial

    A Philadelphia jury on Wednesday cleared Bayer AG unit Monsanto of liability in a man's case alleging the company sold its flagship weedkiller Roundup despite knowing about its cancer-causing properties, marking the agrochemical giant's second trial win in a spate of massive plaintiffs' verdicts in the city.

  • September 11, 2024

    Health Co. Owes $65M For Breach Of Medical Data, Nude Pics

    Pennsylvania-based healthcare company Lehigh Valley Health Network will pay $65 million to individuals who had their private information, including cancer patients' nude images, exposed in a data breach, the plaintiffs' lawyers announced Wednesday.

  • September 11, 2024

    King & Spalding Adds 4 Attys To Mass Torts Practice In Texas

    King & Spalding LLP continues to grow its Texas presence, announcing Wednesday that it has added four partners from Butler Snow LLP to its product liability and mass torts practice group.

  • September 11, 2024

    Phelps Dunbar Recruits 6 Litigators In Raleigh

    Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.

  • September 11, 2024

    Mich. State Resisted Releasing Larry Nassar Docs, AG Says

    Michigan State University unnecessarily withheld thousands of documents during an investigation into the school's handling of the Larry Nassar sexual abuse scandal, and when the documents were eventually provided, they did not offer any newly revealing information, the state's attorney general said in closing the probe Wednesday.

  • September 10, 2024

    1st Lyondell Leak Bellwether Settles On Eve Of Trial

    The first bellwether case in a multidistrict litigation created to handle claims stemming from a 2021 gas leak at a LyondellBasell facility in La Porte, Texas, reached a confidential settlement on the eve of trial, a defense attorney confirmed Tuesday.

  • September 10, 2024

    42 AGs Back Call For Social Media Warning Label Law

    A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.

  • September 10, 2024

    Philly Firm Says It's Owed Referral Fee On Injury Case

    The Rothenberg Law Firm LLP is going after a fellow personal injury firm in Pennsylvania for alleged breach of contract, contending it has refused to pay referral fees on a civil rights case against the city of Scranton that was settled for $900,000.

  • September 10, 2024

    Anapol Weiss Absorbs 5-Atty Mass Tort Boutique In DC

    The Philadelphia-based mass tort and personal injury firm Anapol Weiss has expanded into Washington, D.C., as it absorbs a five-attorney outfit helmed by former Wilkinson Stekloff LLP founding partner Alexandra Walsh.

  • September 10, 2024

    Ex-Knick Can Depose Team Owner In Ejection Suit

    New York Knicks owner James Dolan may be deposed in a suit by former player Charles Oakley over his ejection from the stands during a 2017 game, a federal judge ruled Tuesday.

  • September 10, 2024

    Neb. Midwife Can't Sue For 'Hypothetical' Clients, Judge Rules

    A Nebraska midwife who challenged state restrictions on the practice "barely" tried to establish grounds to sue the state over allegations that her would-be clients were being harmed, a federal judge ruled Monday, dismissing the case.

  • September 10, 2024

    Will Tom Girardi's Age Impact His Sentence?

    Disbarred attorney Tom Girardi's age and mental decline did not help him avoid conviction last month on charges that he stole millions in client funds, but it's an open question how much these factors will affect his sentencing, set for December.

  • September 10, 2024

    Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle

    The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.

  • September 10, 2024

    Ala. Jury Awards $160M In Defective Truck Seat Crash Case

    An Alabama state jury hit commercial truck manufacturer Daimler Truck North America with a $160 million verdict, in a case where a former trucker claimed the company's defectively designed vehicle caused him to suffer a catastrophic spinal injury following a crash, his counsel said.

  • September 09, 2024

    Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes

    The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.

Expert Analysis

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

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