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Personal Injury & Medical Malpractice
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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September 09, 2024
Mo. Jury Awards $462M In Fatal Big Rig Crash Suit
A Missouri state jury has awarded $462 million, nearly all in punitive damages, to the families of two men who died when their car rear-ended a big rig and slid under a rear guard that was improperly designed, although the award may be significantly cut under the state's damage cap.
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September 09, 2024
Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate
Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.
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September 09, 2024
Texas High Court To Mull Medical Nonprofit's Med Mal Liability
The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.
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September 09, 2024
Conn. Realtor Gets $4M From Luxury Property Co. In Fall Suit
A Connecticut state jury has awarded an injured realtor more than $4 million in his suit against luxury property company Hedgerow Properties LLC alleging an unsafe staircase caused him to fall and be injured.
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September 09, 2024
Colo. Justices To Weigh Excess MedMal Damage Calculations
Colorado's justices agreed Monday to consider the standard for how a trial court determines if a $1 million cap on medical malpractice damages can be exceeded, granting a hospital company's petition to review a nearly $40 million judgment.
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September 09, 2024
Norfolk Southern CEO Shaw Faces Misconduct Probe
Norfolk Southern Corp. is investigating CEO Alan Shaw over allegations of misconduct, casting uncertainty over his future at the rail giant just months after a proxy fight with an activist investor.
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September 09, 2024
Detainee Says Ex-Ga. Sheriff's Conviction Proves Liability
A detainee who said he was one of a half-dozen detainees strapped to a chair for hours at a time by convicted former Sheriff Victor Hill has asked a Georgia federal judge to grant partial summary judgment in his civil rights lawsuit against the ex-lawman.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Riddell Helmet Design Contributed To Brain Injury, Suit Says
The parents of a high school football player who suffered a life-altering injury that left him reliant on a wheelchair have filed a federal product liability suit in Texas against Riddell Inc., the maker of the allegedly defective helmet he was wearing when he was hurt.
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September 09, 2024
Baltimore Strikes $80M Opioid Settlement With Teva
Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.
Expert Analysis
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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A Crucial Step In Mediation: Preparing Your Client
Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.