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Personal Injury & Medical Malpractice
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Smollett Atty Wants Sanctions Over Missing Therapy Records
An attorney for Jussie Smollett has asked an Illinois federal judge for another round of sanctions after two brothers who allegedly helped stage a hate crime against the actor failed to turn over discovery, saying they've refused to turn over records or answer questions in the defamation suit pertaining to their mental health treatment.
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April 29, 2024
Swamp Drowning Death Suit Sent Back To Trial Court
The Michigan Court of Appeals won't let a man escape a wrongful death suit by the estate of a woman who drowned in swampland his camper was on, saying he had some control over who accessed it, and must face premises liability claims.
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April 29, 2024
Aerosmith's Steven Tyler Beats NY Sex Assault Suit For Good
A New York federal judge denied a former model's request to amend her dismissed lawsuit brought under the city's Gender Motivated Violence Protection Law accusing Steven Tyler of assaulting her in 1975, ruling Friday that the law is not retroactive and the statute of limitations to pursue her claims would have expired decades ago.
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April 29, 2024
Justices Deny Review Of Hezbollah-Tied Bank's Immunity
The U.S. Supreme Court on Monday refused to examine whether sovereign immunity shields a defunct Lebanese bank from terrorism victims' allegations the bank funded Hezbollah, despite the victims' contention that an answer would provide clarity for disputes involving foreign trade.
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April 29, 2024
Justices To Weigh RICO Injury Scope In CBD Case
The U.S. Supreme Court on Monday agreed to hear a case brought by a trio of CBD companies asking the justices to establish whether a plaintiff can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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April 29, 2024
Philips Inks $1.1B Deal To Resolve CPAP Injury Claims
The plaintiffs' attorneys leading a multidistrict litigation against Koninklijke Philips NV and some of its American subsidiaries announced Monday that they had reached a $1.1 billion settlement agreement for plaintiffs claiming that degraded foam in their breathing machines caused them personal injuries or will require long-term medical monitoring.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Remote Class, Medical News, More: Texas High Court Roundup
The Supreme Court of Texas ruled on a handful of issues Friday, including the liability of universities for switching to remote learning, the responsibility of an employer for not providing a worker with concerning medical news and how a settlement credit should be applied to a final judgment.
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April 26, 2024
Ex-McKinsey Partner Says Firm Made Him Opioids 'Scapegoat'
A former McKinsey & Co. partner lobbed defamation claims at the consulting firm, claiming Friday that it lied to the government and the public about his purported role in deleting evidence amid government investigations into the firm's work with opioid manufacturers, an alleged scheme designed to make him the "scapegoat."
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April 26, 2024
Confusion Over Law Led To Doc Fight, Astroworld Judge Says
A special master appointed to the civil litigation stemming from the deadly 2021 Astroworld festival told attorneys Friday that a "good faith misunderstanding" of criminal statutes has likely led to several discovery disputes, encouraging the parties to try to come to an agreement about what portion of the Houston Police Department's investigative file on the tragedy is discoverable.
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April 26, 2024
Frito-Lay Subcontractors Hit With $72M Factory Death Verdict
A Dallas County jury has awarded a nearly $72 million verdict to the family of a man who plunged to his death at a Frito-Lay facility, finding that his employer and another subcontractor working at the facility were liable for the accident.
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April 26, 2024
Rail Group Sues Minnesota Over New Hazmat Safety Fee Law
The lead lobbying group for the largest freight railroads sued Minnesota Attorney General Keith Ellison in federal court on Friday, challenging a state law requiring railroads to dedicate $2.8 million for responding to hazardous material incidents.
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April 26, 2024
Feds Probe Tesla Autopilot Recall Fix Amid 'Misuse' Risks
The National Highway Traffic Safety Administration is investigating whether Tesla's software update following a December recall, intended to more clearly warn drivers to stay alert and attentive while using its vehicles' Autopilot advanced driver-assistance system, effectively addressed the risks of "driver misuse."
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April 26, 2024
Alaska Airlines Rogue Pilot Suit Not Grounded Yet
A Washington state court judge ruled Friday that Alaska Airlines passengers' state negligence claims were entirely preempted by federal regulations, but gave them a chance to revise their suit to claim the airline violated federal safety rules by allowing an off-duty pilot into the cockpit who allegedly tried to sabotage the flight.
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April 26, 2024
R. Kelly Can't Unwind Chicago Child Porn Conviction
The Seventh Circuit refused on Friday to disturb R. Kelly's Chicago conviction and 20-year prison sentence on child pornography and inducement charges targeting decades-old misconduct, rejecting his argument that the statute of limitations had run out on the U.S. government's case.
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April 26, 2024
5th Circ. Reverses Coverage For Fatal Race Accident Suit
An insurer doesn't have to defend the organizers of an amateur drag racing event against underlying negligence claims stemming from a fatal car crash, the Fifth Circuit ruled Friday, reversing a lower court's decision and determining that a commercial general liability policy was not ambiguous.
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April 26, 2024
Commerce Restricts Gun Exports To 'High-Risk' Countries
The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.
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April 26, 2024
Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot
A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.
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April 26, 2024
Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits
BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.
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April 26, 2024
DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF
Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.
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April 26, 2024
$2.3B Roundup Win 'Unconstitutionally Excessive,' Judge Told
Counsel for Roundup maker and Bayer AG unit Monsanto asked a Philadelphia judge on Friday to undo a $2.25 billion award to a man who claimed the weed killer caused him to develop lymphoma, calling the massive verdict "unconstitutionally excessive" during a state court hearing.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Women Can't Tie Rogue Fertility Doc To Yale, University Says
A Connecticut fertility doctor's former patients don't have probable cause to include Yale entities in their claims that he secretly inseminated them with his own sperm, so a state court should deny their prefiling bid for discovery, the university and its healthcare organizations have said.
Expert Analysis
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Recent Changes Mark A Key Moment For New York High Court
Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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How Spending Clause Ruling May Affect Medicaid Litigation
The U.S. Supreme Court's decision in Health and Hospital Corp. v. Talevski preserves an important avenue for health providers and beneficiaries to use the Civil Rights Act to sue state Medicaid agencies in a landscape that has steadily narrowed potential paths for challenging state violations of spending clause legislation, say attorneys at Hooper Lundy.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.
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What 6th Circ. Ruling May Portend For PFAS Coverage Cases
The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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A Look At Section 230 After High Court's Refusal To Clarify
In light of the U.S. Supreme Court's declining to address Section 230 in a group of actions against major social media platforms, website operators and their counsel should err on the side of caution when engaging with or verifying users' content, say Neusha Etemad and Anne Marie Ellis at Buchalter.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Opinion
ALI's Medical-Monitoring Proposal May Encourage Claims
If the American Law Institute's Third Restatement of Torts is updated to embrace a minority view regarding claims for medical monitoring in the absence of present bodily harm, it would raise a number of troubling issues and accelerate the already rising rate of such claims, say attorneys at K&L Gates.
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Paltrow Win Offers Lesson In Celebs Staying On Brand At Trial
Gwyneth Paltrow was recently cleared of liability for a ski collision by a Utah state jury, demonstrating why lawyers should consider the public's preexisting perception of a high-profile client and not be afraid to leverage it at trial, even if a celebrity’s persona is unrelatable, say attorneys at Winston & Strawn.
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When Challenging OSHA Violations Is Worth the Effort
Though employers may balk at the expense of challenging Occupational Safety and Health Administration citations, three recent post-trial orders from the Occupational Safety and Health Review Commission show that fighting penalties can prevent long-term damage to business operations and reputation, say Melanie Paul and Kristina Vaquera at Jackson Lewis.
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Next Steps For Ill. Tort Defendants After Cotton V. Coccaro
While an Illinois appeals court's ruling in Cotton v. Coccaro recently upheld the constitutionality of the state's law imposing prejudgment interest in personal injury and wrongful death actions, defendants can still raise constitutional challenges to the law pending Illinois Supreme Court review, says Melissa Murphy-Petros at Wilson Elser.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.