Personal Injury & Medical Malpractice

  • May 30, 2023

    Panel Tells Mich. Judge To Better Explain Discovery Sanctions

    A Michigan state judge was too harsh on hazardous waste handler U.S. Ecology Inc. when he sanctioned it for discovery delays by issuing a default judgment, an appellate panel ruled, finding the judge failed to explain his reasoning on the record or consider a lesser punishment. 

  • May 30, 2023

    Atty Citing 'Bogus' Cases From ChatGPT Is 'Unprecedented'

    A New York personal injury firm and two of its lawyers are facing potential sanctions after they submitted a brief in federal court containing nonexistent cases and opinions produced by the generative text engine ChatGPT.

  • May 30, 2023

    Duck Boat Captain Gets Indictment Tossed At 8th Circ.

    The Eighth Circuit on Tuesday dismissed the indictment of the captain of a duck boat that sank, killing 17, during a storm in 2018, finding that the lake on which the boat sank is not "navigable" and isn't within the federal courts' admiralty jurisdiction.

  • May 30, 2023

    Law Firm Trims Family's Suit Alleging Conflict In Girardi Case

    A California judge on Tuesday trimmed a $1.8 million malpractice lawsuit filed by a family against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, urging the parties to settle the case while nixing a claim for receipt of stolen property.

  • May 30, 2023

    Family Pins Daughter's E. Coli Illness On Suburb's Pool Water

    Improperly treated water in a Pittsburgh-area housing development's swimming pool gave a resident's daughter a bacterial infection that led to the removal of her appendix, the family claims in a lawsuit filed Friday in state court.

  • May 30, 2023

    J&J Says New Ch. 11 Would Be Largest Settlement In History

    The bankrupt talc unit of Johnson & Johnson defended its second Chapter 11 filing against challenges from talc injury claimants, saying in an objection to motions to dismiss the case that it would provide $8.9 billion to those claimants in the largest settlement in a mass tort bankruptcy case in history.

  • May 30, 2023

    Jerry Jones Wants Defamation Suit Over Paternity Tossed

    Dallas Cowboys owner Jerry Jones wants a defamation suit lodged by a woman claiming to be his daughter tossed, arguing in counterclaims that she broke a confidentiality agreement by filing the lawsuit publicly and disclosing certain terms of that agreement.

  • May 30, 2023

    2nd Circ. Upholds Sackler Releases In Purdue Ch. 11 Plan

    The Second Circuit on Tuesday upheld the provisions of Purdue Pharma's Chapter 11 plan, releasing its former owners in the Sackler family from liability for damages stemming from the opioid addiction epidemic, finding the releases were both legal and justified.

  • May 26, 2023

    Jane Doe Urges Class Cert. In Epstein Suit Against JPMorgan

    A woman who claims JPMorgan Chase & Co. facilitated Jeffrey Epstein's sex-trafficking operation asked a New York federal judge on Friday to certify a class of young women and girls in the case against the bank, saying their claims all line up.

  • May 26, 2023

    Mich. Car Owner Can Try To Dodge Other Driver's Crash Claim

    A split Michigan Court of Appeals reversed a $1.5 million win for Allstate Insurance Co. on Thursday, finding that a judge too quickly dismissed a woman's defense that a couple injured while driving her car did not have her permission to use it. 

  • May 26, 2023

    Seattle Patients Bring Mold Claims After Class Gets Trimmed

    Patients and their relatives individually claim that Seattle Children's Hospital is negligent for a dangerous mold exposure that spread in air-handling systems, according to lawsuits filed this week after a judge slashed an attempt to consolidate claims like theirs because damages questions were not common and the court would not be able to determine numerosity.

  • May 26, 2023

    Funeral Home Wins Arbitration Over Claim Body's Eye Opened

    A Texas appellate panel says a family's allegations that a funeral home failed to properly preserve their relative's body are inextricably linked with a contract bearing an arbitration provision, meaning the trial court has to halt any proceedings while private talks get underway.

  • May 26, 2023

    Med Mal Plaintiffs Want UPMC Surgeon's Transcript Admitted

    The parties in a medical malpractice suit against the University of Pittsburgh Medical Center traded briefs and barbs over whether a Pittsburgh Post-Gazette article detailing a star surgeon's conversation about Suboxone "eviscerates" his ability to keep a tape and transcript secret under state wiretap law, or whether the court should continue to keep them sealed and out of the suit.

  • May 26, 2023

    Ala. Cop Bungled Fatal Shooting Video, Sanctions Bid Says

    The survivor of a high-speed police chase and shooting that killed the driver has asked an Alabama federal court to impose sanctions on a Birmingham police officer, claiming he destroyed dash camera footage as part of a "bad faith campaign to subvert the truth."

  • May 26, 2023

    Flint Still Violating Water Pipe Deal, Groups Say

    Activists asked a Michigan federal judge Friday to hold the city of Flint in contempt for again failing to comply with the settlement it reached to replace lead service lines, accusing Flint of failing to meet restoration reporting requirements and missing another deadline to determine which properties still need restoration.

  • May 26, 2023

    Home Depot Wants Locks Law DQ'd In Mower Accident Suit

    Home Depot moved this week to disqualify its opponents' legal team in a New Jersey personal injury suit, arguing that the firm cannot represent both the man driving a lawn mower and his 8-year-old daughter — whose foot was run over by the mower — due to a conflict of interest.

  • May 26, 2023

    NY DA Must Comply With JPMorgan Subpoena, Rakoff Says

    The Manhattan District Attorney's Office on Friday was ordered to comply with a JPMorgan Chase Bank NA subpoena seeking documents about a possible complaint of sexual assault made against former executive James "Jes" Staley in relation to litigation over the bank's ties to the late financier and sex offender Jeffrey Epstein.

  • May 26, 2023

    Calif. Atty Says Free Speech Bars BLM Tweets Ethics Charges

    A Los Angeles employment lawyer facing ethics charges over tweets she made in May 2020 during Black Lives Matter protests in the wake of the killing of George Floyd said the California state bar's disciplinary action against her must be dropped because the "enshrined" free speech rights of Golden State attorneys "depend on it."

  • May 26, 2023

    Firms Want W.Va. Camp Lejeune TCPA Allegations Tossed

    Two law firms accused of illegally soliciting clients for Camp Lejeune toxic water contamination lawsuits have told a West Virginia federal judge to toss a proposed class action, arguing they were not responsible for telephoning potential clients on a federal do-not-call list.

  • May 26, 2023

    Estate Wants To Renew Hiring Claims In Fatal Lyft Crash Suit

    The estate of a victim in a 2019 crash involving a Lyft driver asked a Pennsylvania state court to reinstate negligent hiring and supervision claims against the ride-hailing company, arguing in a brief that the court had revived an identical claim by the other victim in the crash because the claims had been put on hold without prejudice.

  • May 26, 2023

    Gordon & Rees Expands Product Liability Team In Texas, Okla.

    Gordon & Rees LLP has added two attorneys who focus their practices on health care-related product liability matters and other related general liability disputes, the firm recently announced.

  • May 25, 2023

    Murdaugh's Atty Friend Cops To Role In $4.3M Estate Fraud

    Former personal injury lawyer Cory Fleming entered a guilty plea on Thursday in South Carolina federal court for conspiring with former attorney and convicted murderer Alex Murdaugh to steal money from a $4.3 million settlement from Murdaugh's housekeeper's estate after she died from a fall at his South Carolina home.

  • May 25, 2023

    Ex-College Players Face Trims To 'Expansive' Harassment Suit

    A California magistrate judge appeared open to trimming with leave to amend ex-University of San Francisco baseball players' allegations that two former coaches created a sexually charged team environment, saying she is concerned the 129-page complaint is "too expansive" and has been "blown up" to include anything that's possible to plead.

  • May 25, 2023

    Miramax, Disney Deny Liability In Weinstein Assault Appeal

    Miramax and the Walt Disney Co. asked a New York state appeals panel on Thursday to cut them loose from a civil sexual assault suit against Harvey Weinstein, saying the "horrendous" allegations have nothing to do with the criminally convicted movie producer's employment.

  • May 25, 2023

    SC's 6-Week Abortion Ban Violates Privacy, Challengers Say

    South Carolina's newly passed bill that criminalizes abortion as early as six weeks violates constitutional privacy rights, argued a division of Planned Parenthood and various medical providers in a lawsuit filed in state court on the same day the state government greenlighted the law.

Expert Analysis

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • And Now A Word From The Panel: MDLs As A Last Resort

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    While the number of individual actions included in multidistrict litigation proceedings has exploded in recent years, it's important to remember that the Judicial Panel on Multidistrict Litigation views creation of an MDL as something that should happen only after consideration of all other options, says Alan Rothman at Sidley.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Perspectives

    Why Trump Sexual Abuse Verdict May Be Hard To Replicate

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    Survivors of sexual assault may be emboldened to file suit after writer E. Jean Carroll’s trial victory against former President Donald Trump, but before assigning too much significance to the verdict, it’s worth noting that the case’s unique constellation of factors may make it the exception rather than the rule, says Jessica Roth at Cardozo School of Law.

  • What Texas Misrepresentation Ruling Means For Insurers

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    The Texas Supreme Court's recent decision in American National Insurance v. Arce, confirming that insurers must prove intent to deceive in order to rescind coverage based on material misrepresentation, solidifies additional burdens for insurers to consider during both the underwriting and claims adjudication processes, say Josh Pedelty and Javon Johnson at Husch Blackwell.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

  • When Are Cos. Liable For Building Customers' Designs?

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    The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.

  • Exxon Ruling Highlights Additional Insured Coverage Conflict

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    Despite the Texas Supreme Court's recent decision in Exxon Mobil v. National Union, finding that contractual minimum insurance requirements cannot be used as a ceiling to bar umbrella coverage, the case nevertheless illustrates insurers' aggressive tactics to reduce the scope of additional insured coverage, say David Kroeger and Steven Tinetti at Jenner & Block.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • Considerations For Assumption Of Risk In NY Sports Suits

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    The New York Court of Appeals' recent opinion in two cases on the assumption of risk doctrine in sports activities demonstrates that the doctrine serves as a complete bar to recovery in limited circumstances, despite the enactment of Civil Practice Law and Rules Article 14-A, say Frank Izzo and Joseph Pidel at Rivkin Radler.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

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