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Personal Injury & Medical Malpractice
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May 31, 2024
Martinelli & Co. Sued Over Arsenic In Apple Juice
A consumer hit S. Martinelli & Co. with a proposed class action in New York federal court Friday over allegations that the company failed to disclose that its apple juice contains arsenic, saying a recent recall campaign has been "a complete and abject failure."
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May 31, 2024
RJR Hit With $9.3M Verdict For Smoker's Death
A Florida jury on Friday awarded more than $9 million to the family of a man who died of chronic obstructive pulmonary disease and heart disease, and assigned almost all the blame for his death to R.J. Reynolds Tobacco Co.
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May 31, 2024
Ga. Skate Rink Calls Insurer's Policy Interpretation 'Worthless'
The owner of an Atlanta skate rink told a Georgia federal judge Thursday that its insurance company's bid to get out of defending a rape liability suit is a nonstarter, arguing that the insurer's take on its policy would render it "illusory, meaningless, and worthless."
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May 31, 2024
Ex-GOP Candidate Sues Air Force Over Records Disclosure
A former Republican U.S. House candidate alleged in a new lawsuit in D.C. federal court that the U.S. Department of the Air Force illegally disclosed her confidential military records to a Democratic-linked research firm in the run-up to election day, contending the disclosure violated the federal Privacy Act.
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May 31, 2024
Edelson Calls Coach's Attack On Abuse Suit 'Meritless'
Edelson PC is urging a Cook County judge to toss a lawsuit from youth volleyball coach Rick Butler and his volleyball club looking to hold the firm liable for lodging allegedly "bogus" sex-abuse claims against the coach, calling it a "meritless" attempt to rehash their failed federal sanctions bid.
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May 31, 2024
Michigan Justices Say Treadmill Claims Not Filed Too Late
The Michigan Supreme Court on Friday revived a woman's claims against a delivery company she says negligently installed her treadmill, saying the state court claims related back to her timely filed claims in a previously dismissed federal court case with the same allegations.
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May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right
In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
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May 31, 2024
Texas Justices Take On Reach, Timing Of Atty Solicitation Law
The Texas Supreme Court agreed Friday to consider whether personal injury attorneys can face claims they paid "case runners" to solicit grieving families in Louisiana and Arkansas, saying it will examine whether the state's barratry statute extends to out-of-state conduct and the applicable limitations period.
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May 31, 2024
Weight Loss Drug Caused Stomach Paralysis, Suit Says
A Kentucky woman on Friday sued Novo Nordisk A/S and its affiliates in federal court, alleging that the company failed to warn patients that its weight loss treatment Saxenda carried the risk of incurable stomach paralysis.
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May 31, 2024
Beasley Allen Wants J&J Subpoenas Nixed Amid Ethics Fight
The Beasley Allen Law Firm and a plaintiff steering committee in the Johnson & Johnson talc litigation blasted subpoenas directed at the firm and others aimed at turning up evidence of an alleged scheme to muster opposition to J&J's latest $6.5 billion bankruptcy plan.
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May 31, 2024
Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit
A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.
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May 30, 2024
Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit
Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.
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May 30, 2024
Real Estate Investor Beats Niece's Suit Over Fall At LA Home
Real estate investor and philanthropist Stanley Black can't be held liable for injuries suffered by his niece when she tripped and fell on the driveway of his Sunset Boulevard mansion, a California state appeals court has ruled, saying there's no evidence of defects on the driveway she walked on many times before.
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May 30, 2024
FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes
The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.
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May 30, 2024
UPenn Retools Fight Against Defamation Suit Over Email
An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.
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May 30, 2024
NFL Kicker Accused Of Sexually Assaulting Flight Attendants
Two flight attendants who worked on a transatlantic charter flight for the Jacksonville Jaguars have sued the team and kicker Brandon McManus in Florida state court, alleging he sexually assaulted them during the eight-hour flight to London.
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May 30, 2024
Dollar General Gets To Close Door On Injury Suit
The Georgia Court of Appeals has shut down a patron's suit against Dollar General Store alleging she injured her hand closing a faulty door, saying the hazard was not hidden, she had as much knowledge of it as employees, and she'd negotiated the door successfully earlier the same day.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Transportation Co. Must Face Negligence Claims In Crash Suit
A Texas federal judge isn't letting Panther II Transportation Inc. escape negligence claims from a suit alleging one of its drivers hit a vehicle on the highway, finding there's sufficient evidence for a jury to conclude the company should have known the driver posed a risk without additional training.
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May 30, 2024
Ex-WWE Worker Pauses Trafficking Claims For DOJ Probe
A former World Wrestling Entertainment Inc. paralegal has agreed to put her sexual assault and trafficking lawsuit against the company, founder Vince McMahon and a former executive on hold while the U.S. Department of Justice conducts a "nonpublic investigation," the plaintiff's counsel said Thursday.
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May 30, 2024
Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit
Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.
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May 30, 2024
Justices Revive NRA's Free Speech Claims Against NY Official
The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.
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May 29, 2024
6th Circ. Won't Consider Appeal Over Fatal Walmart Shooting
The Sixth Circuit on Wednesday rejected a challenge to the dismissal of a wrongful death claim against Walmart by the family of a man killed by police, ruling the lower court shouldn't have certified dismissal for immediate review because the same set of facts underlie unresolved claims remaining for trial.
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May 29, 2024
5th Circ. Sends Hain Toxic Baby Food Suit To State Court
Grocery store chain Whole Foods Market Inc. and international food company Hain Celestial Group Inc. can't escape a lawsuit seeking to hold them liable for the mental and physical decline of a toddler, allegedly caused by tainted baby food they sold, the Fifth Circuit ruled, saying the case was improperly removed to federal court.
Expert Analysis
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.
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Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'
The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.