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Personal Injury & Medical Malpractice
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April 05, 2024
Pa. Supreme Court Snapshot: COVID Coverage Starts Spring
The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.
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April 05, 2024
Live Nation CEO Must Sit For Depo In Astroworld MDL
The Texas state court judge overseeing the multidistrict litigation created to handle Astroworld litigation said that Live Nation's CEO and president must sit for a deposition, writing that he has "personal and direct knowledge" of information that can't be obtained elsewhere.
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April 05, 2024
Conflicting Stories Wreck Suit Blaming UPS Truck For Crash
A Massachusetts federal judge has thrown out a man's suit against United Parcel Service Inc. alleging he had a wreck while trying to avoid hitting a UPS truck that was double-parked in the driving lane, with the judge saying the man gave two contradictory versions of the event in his filings.
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April 05, 2024
Insurer, Construction Co. Agree To End $10M Ceiling Fall Suit
Grange Insurance Co. and a Georgia construction company it sued to avoid paying a $10 million judgment in an underlying injury case over a worker's fall through a ceiling came together with that late worker's wife and agreed to dismiss their indemnity dispute following a settlement.
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April 05, 2024
5th Circ. Won't Revive Michaels Fall Case After Footage Row
Craft supply store Michaels will not need to face a customer's slip-and-fall lawsuit after a Fifth Circuit Court of Appeals panel ruled Thursday that the customer was unable to prove how long a floor at a Slidell, La., location had been wet before the slip occurred.
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April 05, 2024
FedEx Must Face Suit Over Customer's Storefront Crash Injury
A California state appeals court has revived a customer's claims against Fedex Office and Print Services Inc. and a building owner over injuries he said he suffered when a car drove into the store, finding that the trial court wrongly decided the case on the pleadings.
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April 05, 2024
Ex-Client Says NJ Atty To Blame For Shoddy Pandemic Deal
A woman suing her former attorneys for allegedly forcing her into an unfavorable deal in a medical malpractice suit has urged a New Jersey state court not to dismiss claims against one of the attorneys, reiterating to the court that both attorneys were responsible for her botched case.
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April 05, 2024
Surgeon Denied Atty Fees After Erasure of $15M Sex Bias Win
A Pennsylvania federal judge has denied attorney fees after undoing a $15 million verdict won by a surgeon who alleged that Thomas Jefferson University exhibited anti-male bias in investigating a medical resident's sexual assault claims against him, ruling a new trial was necessary.
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April 05, 2024
Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death
Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.
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April 05, 2024
Texas Justices Reverse Course In Atty Sex Tape Dispute
The state's high court on Friday backpedaled on an earlier decision declining to intervene in a dispute between a woman and a Houston attorney she is suing over a video she says may contain child sexual abuse, agreeing to rehear her bid for relief from a court order governing the video.
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April 05, 2024
Off The Bench: ACC Drama, Football Firing Suits Intensify
In this week's Off The Bench, Florida State University cannot escape an ACC lawsuit that may enforce a nine-figure penalty against the school if it should leave the conference, while both Northwestern University and the Arizona Cardinals face more legal headaches over their decisions to fire key personnel.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 04, 2024
Boeing Can't Ditch Ill. Securities Fraud Suit Over 737 Max
An Illinois state judge on Thursday refused to throw out Boeing investors' suit accusing the aerospace company of misleading and lying to investors following the deadly Lion Air and Ethiopian Airlines crashes involving Boeing's then-new 737 Max jets, according to an order entered in Cook County Circuit Court.
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April 04, 2024
Punishing Docs' Statements Chills Free Speech, 5th Circ. Told
A right-leaning nonprofit sparred with a group of specialty medical boards and the U.S. Department of Homeland Security in front of the Fifth Circuit during oral arguments Thursday, saying that revoking doctors' medical licenses in retaliation for public statements on issues like abortion chills free speech.
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April 04, 2024
Tribes And McKinsey Take Final Step In $39.5M Opioid Deal
A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.
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April 04, 2024
Pauly Shore, Comedy Club Sued Over Alleged 'Brutal' Attack
A Los Angeles comedian sued Pauly Shore and his West Hollywood comedy club in California state court Thursday, seeking to hold the famous comedian liable for bouncers allegedly brutally attacking him outside the club after he left his debit card with a waitress and forgot to close his bar tab.
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April 04, 2024
Atlantic, Warner Music, Exec Sued Over Alleged 2017 Rape
Atlantic Records, Warner Music Group and Dallas Martin, the president of Asylum Records, are facing a civil suit in California state court by a singer who alleges Martin raped, drugged and sexually assaulted her after she met with him under the guise of a job interview.
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
DraftKings Beats Bettors' Suit Tied To Damar Hamlin Collapse
DraftKings on Thursday defeated a proposed class action when a federal judge found that the online sports betting platform followed its own rules after a Monday Night Football game was halted and ultimately canceled due to the collapse of Buffalo Bills safety Damar Hamlin.
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April 04, 2024
ND Judge Tosses DAPL Protester's Claims Against Police
A North Dakota federal judge said he is dismissing claims a woman filed against police after suffering "horrific injuries" when she was hit by a flashbang during the Dakota Access Pipeline protests in 2016.
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April 04, 2024
5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site
A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.
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April 04, 2024
Ex-Ariz. Cardinals VP Sues Team After $3M Arbitration Award
A former vice president with the Arizona Cardinals and two family members have filed a defamation suit in Arizona state court against the NFL team, its owner and the public relations company and law firm they retained, following the ex-VP's $3 million award in a defamation grievance against them with the league.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
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April 04, 2024
Parents Deny Need For Defect In Amazon Suicide Suit
Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.
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April 04, 2024
$1.6M Med Mal Brain Injury Verdict Nixed Over Jury Instruction
The Virginia Supreme Court on Thursday wiped out a $1.6 million verdict in a malpractice suit by a woman alleging she had a seizure and fell because her doctor didn't properly treat her low blood sodium, saying the trial court should have given the jury an instruction requested by the doctor.
Expert Analysis
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.
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In Ga., Promptness Is Key To Setting Aside Default Judgments
The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Post-Mallory, Calif. Personal Jurisdiction Unlikely To Expand
The U.S. Supreme Court's recent Mallory v. Norfolk Southern Railway decision, affirming that registration to do business in Pennsylvania means consenting to be sued in that state's courts, could prompt other states to experiment with similar laws — but such efforts would likely fail in California, say Virginia Milstead and Raza Rasheed at Skadden.
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Tapping The Full Potential Of The Juror Questionnaire
Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Opinion
A New Strategy For Defending Spine Injury Claims
With spinal injury claims proliferating — often with verdicts in the seven-figure range — defense counsel can expand their current trial playbook by retaining experts to prepare and publish peer-reviewed scientific studies that can then be used in the courtroom to help juries understand the issues, says Nicholas Hurzeler at Lewis Brisbois.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Opinion
Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases
In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.
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3 Lessons From Mock Trials That Attys Can Use In Practice
The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Retailers Face Compliance Issues As PFAS Regulations Grow
As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.
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Ethics Issues For Mainland Firms Involved In Maui Fire Suits
Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.