Personal Injury & Medical Malpractice

  • May 24, 2022

    Dairy Co. Wants Moms' Tainted Milk Class Action Tossed

    A Connecticut dairy company is urging a New Jersey federal court to throw out a proposed class action from three mothers alleging that it sold tainted milk that made their children sick, saying their complaint doesn't allege severe enough harm to sustain the suit.

  • May 24, 2022

    Attys Get $8.8M In Fees For U. of Calif. Sex Abuse Deal

    Attorneys who inked a $73 million settlement for a class of women who alleged they were sexually abused by a UCLA gynecologist have been awarded $8.8 million in attorney fees and costs by a federal judge.

  • May 24, 2022

    9th Circ. Reverses State Farm's Win Over Injured Worker

    A Ninth Circuit panel overturned a lower court's ruling awarding summary judgment to a State Farm unit, finding there is a genuine dispute whether an employee exclusion applies to bar coverage for an individual's suit over a work injury.

  • May 24, 2022

    Judge Raises Payout To Unit Owners Amid $1B Surfside Deal

    The Florida state court judge overseeing consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside agreed Tuesday to increase the payouts to unit owners now that a recently announced $1 billion settlement will provide a better recovery for victims than initially expected.

  • May 23, 2022

    SoCal Oil Spill Claim Attys Jockey To See Who's Up First

    The parties mired in litigation over an October 2021 oil spill off the Southern California coast sparred Monday over which issue should proceed first: claims brought by a proposed class of businesses and residents, or the request from container ships to exonerate themselves or limit their liability.

  • May 23, 2022

    Calif. Raises Caps On Medical Malpractice Awards

    California raised caps on pain-and-suffering damages in medical malpractice cases Monday for the first time in 47 years under a bill signed into law by Gov. Gavin Newsom, and further changed the maximum contingency fee attorneys can charge for awards depending on the stage of litigation.

  • May 23, 2022

    NY Lawmakers Grant 1-Year Grace Period For Sex Abuse Suits

    The New York Assembly on Monday passed the Adult Survivors Act, which, if signed by the governor, would open up sexual assault and abuse litigation by creating a one-year window for adult survivors whose claims are otherwise time-barred.

  • May 23, 2022

    Mallinckrodt Calls Shareholder Ch. 11 Stay Bid Untimely

    Drugmaker Mallinckrodt PLC objected Monday to a motion from an equity holder seeking to stay the consummation of the company's Chapter 11 plan pending the outcome of an appeal of a claims bar date decision, saying the stay motion came months late and after other, more targeted stay requests were defeated.

  • May 23, 2022

    Mich. School District Sued Over Fatal School Shooting

    The relatives of deceased and surviving students killed or injured during the Oxford School mass shooting last November have filed suit in Michigan federal court, claiming school officials negligently allowed the assailant to return to class despite having knowledge of his homicidal and suicidal behavior.

  • May 23, 2022

    Lack Of Evidence Ends Minn. Woman's Slip-And-Fall Suit

    A Minnesota appeals court on Monday threw out a woman's negligence claims against a store owned by Supervalu Inc. alleging she slipped and fell on pistachios in the produce section, saying evidence that the store didn't sell loose pistachios bolsters its argument that it was unaware of the spill.

  • May 23, 2022

    Judge Bars Punitive Damages In Ga. Truck Crash Suit

    A Georgia federal judge on Monday said there is no basis for punitive damages in a suit related to a collision allegedly caused by a driver who was transporting acetylene for a chemical industry company.

  • May 23, 2022

    The Case Runner: Girardi Pal's Scandals Go Beyond Lion Air

    The continued fallout over the theft of settlement funds by Tom Girardi’s law firm has thrown a spotlight on a low-profile consultant with a long history in the legal industry’s underworld. Even as bereaved families begged for their money, Girardi Keese cut $50,000 monthly checks to that consultant, George Hatcher. Here, Law360 Pulse explores Hatcher’s criminal past and his connections to Girardi.

  • May 23, 2022

    Marshall Dennehey Boosts Casualty Department In Central Pa.

    Marshall Dennehey Warner Coleman & Goggin PC expanded its litigation team in Central Pennsylvania with the addition of a trial attorney with more than 30 years' experience in liability defense.

  • May 20, 2022

    Surfside Collapse Site Will Sell For $120M To Sole Bidder

    The Champlain Towers South condominium collapse site in Surfside, Florida, will sell for $120 million to Dubai-based buyer Damac Properties PJSC after other potential buyers failed to submit bids by the Friday deadline for next week's auction.

  • May 20, 2022

    Wrongful Death Claim Not Barred By Ohio Med Mal Deadline

    An Ohio appeals court has revived a suit accusing a doctor of botching a man's hip replacement surgery, which proved fatal, saying Ohio's four-year hard deadline for medical malpractice claims does not apply to wrongful death actions.

  • May 20, 2022

    6th Circ. Says Gov't Contractor Can't Dodge $3B Coal Ash Suit

    The Sixth Circuit has declined to toss a verdict finding a federal government contractor breached its duties of care to workers who claim their exposure to toxic coal ash during a cleanup project warrants $3 billion in punitive damages, saying the contractor is not entitled to governmental immunity.

  • May 20, 2022

    Fed. Circ. Says Child Due Compensation For Vaccine Injuries

    The Federal Circuit on Friday held that a child is entitled to compensation under the National Childhood Vaccine Injury Act for injuries sustained after having been vaccinated as an infant, finding a special master should have taken the family's testimony about symptoms into account.

  • May 20, 2022

    NJ Diocese Wants Insurer Deal Heard With Ch. 11 Plan

    The bankrupt Diocese of Camden told a New Jersey judge Friday that he should hear arguments over a proposed but abandoned $30 million settlement with insurers at the same time he is considering confirmation of the debtor's Chapter 11 plan centered on a new deal with sex abuse claimants.

  • May 20, 2022

    Ill. Justices Revive Suit Over Non-Use Of Gym Defibrillator

    The Illinois Supreme Court has ruled that state law regulating the use of automated external defibrillators, or AEDs, creates a duty for gym employees to use the devices when patrons are having a cardiac event, and that non-use would be a willful and wanton misconduct.

  • May 20, 2022

    Ga. Judges Revive Lupus Diagnosis Case Against Psychiatrist

    The Georgia Court of Appeals has revived a medical malpractice case against a psychiatrist who treated a teenager who allegedly died from untimely diagnosed lupus, finding the expert opinion of a rheumatologist adequate to support negligence claims.

  • May 20, 2022

    Illinois Railroad Settles Accident Death Suit For $12.25M

    The Northeast Illinois Regional Commuter Railroad Corp. has approved a $12.25 million deal to resolve claims that its negligence led to a 2015 railroad crossing accident in which two teenage girls died.

  • May 20, 2022

    Westlake Chemical Partly Dodges Explosion Suit

    Westlake Chemical Corp. dodged part of a suit alleging a chemical explosion at a Louisiana facility led to various medical issues for its workers, after a federal judge determined no expert testimony was available to back the workers' claims.

  • May 19, 2022

    NY AG To Probe Social Media Cos. Over Buffalo Shooting

    New York Attorney General Letitia James said Wednesday that she will investigate Twitch, 4chan, 8chan, Discord and other social media companies that may have been used to plan and promote the mass shooting last week in Buffalo, a probe that comes at the request of the Empire State's governor.

  • May 19, 2022

    Ill. Court Reverses J&J Contempt In Talc Cancer Case

    Frustration with a Johnson & Johnson executive's mid-testimony absence in a talc cancer trial and an assumption she lied about why she couldn't appear wasn't enough to find her and the company in direct criminal contempt of court, an Illinois state appellate panel said Wednesday.

  • May 19, 2022

    NM Supreme Court Affirms $165M Verdict In FedEx Crash Suit

    The New Mexico Supreme Court on Thursday upheld a record $165 million jury award to the family of a mother and four-year-old daughter killed when a FedEx tractor trailer collided with their small pickup truck, saying the verdict was supported by ample evidence and the award was not excessive.

Expert Analysis

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Opinion

    More Regulation Is Needed In US Fertility Industry

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    Though states have made some progress in recent years, the U.S. fertility industry remains plagued by widespread fraud and legal loopholes that must be addressed with legislation to bolster protections for patients and children conceived through reproductive technology, says Rachel Wexler at Trachman Law Center.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Vaping-Linked Lung Issues May Ignite More Diacetyl Litigation

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    While diacetyl litigation related to the food flavoring industry has been on the decline, possible links between the use of diacetyl in e-cigarettes and the development of bronchiolitis suggest that a new wave of vaping-related diacetyl litigation may be on the horizon, say Paul Knobbe and Andrea Sciarratta at Goldberg Segalla.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Opinion

    Courts Must Tackle Lack Of Diversity In Class Counsel

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    When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • A Guide To Nonverbal Cues As In-Person Jury Trials Resume

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    As attorneys face the prospect of trying cases in person after a two-year hiatus, they need to remember common fallacies jurors hold about detecting lies from witnesses’ body language — and lawyers must educate witnesses about demeanor that hurts credibility, says Jeff Dougherty at Litigation IQ.

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