Personal Injury & Medical Malpractice

  • May 12, 2021

    UNC Prof. Testifies That Stem Cell Clinic's Treatment Is Safe

    A University of North Carolina biology professor, speaking as an expert witness on behalf of a clinic and two doctors being sued by the government over experimental stem cell treatments, told a California federal judge on Wednesday that the treatment is so safe she received it herself.

  • May 12, 2021

    Texas Can't Defend DeVos' Sexual Assault Rule

    Texas can't intervene in a lawsuit challenging rules implemented by the U.S. Department of Education and its former secretary, Betsy DeVos, that limit schools' responsibility to investigate sexual harassment claims under Title IX, a Massachusetts federal judge ruled Wednesday.

  • May 12, 2021

    Ghislaine Maxwell Sex Trafficking Trial Set For November

    A New York federal judge on Wednesday set a November trial date for Ghislaine Maxwell, the former associate of deceased financier Jeffrey Epstein, on sex trafficking charges.

  • May 12, 2021

    7th Circ. Denies Rehearing Of Lead Paint Award Reversal

    The full Seventh Circuit won't reconsider its reversal of a $6 million verdict against The Sherwin-Williams Co. and two other paint makers over claims that they sold lead-based paint that caused brain damage to three men as youths.

  • May 12, 2021

    Ad Agency Wants To Revive Beef With NRA After Ch. 11 Toss

    The National Rifle Association's former advertising agency asked a Texas federal court on Wednesday to lift a stay on its defamation counterclaim against the group, lodging the request one day after a Texas bankruptcy judge tossed the NRA's Chapter 11 case.

  • May 12, 2021

    Trucking Co. Liability Changes Head To Full Texas Senate

    Commercial motor vehicle companies operating in Texas would receive greater protection from frivolous accident lawsuits under a legislative proposal sent to the full state Senate on Wednesday, a step supporters say is important in stemming massive increases in insurance premiums in the industry.

  • May 12, 2021

    J&J Faults Doctor's Affidavits In Ga. Suits Over Cancer Deaths

    Johnson & Johnson urged a Georgia appeals court Wednesday to dismiss two nearly identical suits alleging its talcum powder products caused women's fatal ovarian cancer, saying a doctor failed in his affidavits to rule out other causes.

  • May 12, 2021

    Texas Panel Upholds Walgreens' Early Win In Injury Suit

    A split Texas appellate panel has affirmed Walgreen Co.'s defeat of a personal injury suit brought by a customer who slipped and fell in the drugstore, rejecting arguments that deleted video evidence should have precluded an early end to the suit.

  • May 12, 2021

    Sky Zone Arbitration Bid Collapses Over Mom's Authority

    A New Jersey state appeals court on Wednesday said a Sky Zone trampoline park cannot use an arbitration agreement signed by the mother of a boy's friend to keep his own mother from pursuing a lawsuit in court alleging the facility's negligence caused the child to fracture his leg.

  • May 12, 2021

    Purdue's Ch. 11 Confirmation Hearing Set For August

    A New York bankruptcy judge on Wednesday approved a motion setting an August date for Purdue Pharma's Chapter 11 plan confirmation hearing, assuming the drugmaker's plan disclosure statement is approved next week.

  • May 12, 2021

    Judge Ends Discovery War In Baylor Sexual Assault Suit

    A Texas federal judge Tuesday chided Baylor University for "disproportionately" fixating on discovery in a Title IX suit challenging its response to sexual assault reports, saying it's "far past time" to move on from a yearslong document production battle and go to trial.

  • May 12, 2021

    Fears Nachawati Snags Atty To Handle Mass Torts

    The Fears Nachawati Law Firm hired a former Waters Kraus & Paul attorney who will handle mass torts and other significant litigation, bringing over his experience handling mesothelioma and other major cases.

  • May 11, 2021

    Hartford Wants Out From Ill. Toxic Emissions Suit Coverage

    Hartford Fire Insurance Co. is suing medical supplier Medline Industries in Illinois federal court, arguing that it doesn't need to defend a putative class action alleging the supplier released a toxic chemical into the air in two cities north of Chicago.

  • May 11, 2021

    FDA Investigator Says Stem Cell Clinic Lacked Documentation

    A U.S. Food and Drug Administration investigator told a California federal judge Tuesday about deficiencies she noted at a clinic being sued by the government over experimental stem cell treatments, including a lack of central documentation on adverse events such as a patient suffering retinal detachment after receiving eye injections.

  • May 11, 2021

    Atty Says Girardi Was Part Of Chiquita Terror-Funding MDL

    An attorney representing families of banana farmers accusing Chiquita Brands International Inc. of funding terrorist groups in South America said Tuesday that lawyers for other plaintiffs have failed to disclose that embattled lawyer Thomas Girardi has been part of the case.

  • May 11, 2021

    Full 5th Circ. Says Oil Rig Welder Not A Seaman

    The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can't sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman.

  • May 11, 2021

    Wife Cannot Sue Spouse's Co. Over Her COVID-19 Infection

    A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.

  • May 11, 2021

    NYPD Cops Charged With Stealing Victim Info For Injury Attys

    A trio of NYPD cops used their roles as first responders to sell a "victim database" to personal injury lawyers and steer crash-clearing jobs to favored tow companies in exchange for kickbacks, a bombshell federal indictment unsealed Tuesday alleges.

  • May 11, 2021

    Ex-NFLer Injured 3 Mos. Into Career Sues Over Benefits Denial

    A former Kansas City Chiefs player sued the National Football League's player benefits plan in Georgia federal court Monday, alleging that he's wrongly been denied disability coverage for a 2014 injury suffered during his three-month stint in the league.

  • May 11, 2021

    Texas Pharma Co. Settles Opioid Whistleblower Suit For $2.8M

    A pharmacy services company has reached a $2.75 million settlement with the federal government to resolve a whistleblower lawsuit alleging that it allowed opioids and other controlled substances to be dispensed without a valid prescription over a three-year period, according to court documents unsealed Tuesday.

  • May 11, 2021

    Ga. Panel Doubtful Of Contractor's Liability In Student's Death

    A Georgia appeals court panel expressed skepticism Tuesday that a private entity set up to construct a student center at Savannah State University could later be held liable for a fatal shooting that took place in the building.

  • May 11, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion "comeback plan" for California's economy and $235 million in relief funding for small businesses in New Jersey.

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 11, 2021

    NJ Doctors Must Face Suit Over Woman's Suicide

    A New Jersey appeals court on Tuesday reinstated a lawsuit alleging that two doctors caused a woman's death by suicide by prescribing her opioids, saying the trial court applied the wrong standard in deciding to throw out the case.

  • May 10, 2021

    Minn. Appeals Court Finally Ends BNSF Worker's Injury Suit

    After twice reviving a suit accusing BNSF Railway Co. of causing a worker's injuries suffered in an on-the-job auto collision, a Minnesota appellate panel on Monday finally affirmed a summary judgment ruling in the railroad's favor, saying certain expert witness testimony was properly excluded.

Expert Analysis

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Discerning Need For 2nd COVID Workers' Comp Claim In Calif.

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    Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers' compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Fla. Amendment Should Make Courts More Insurer-Friendly

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    Effective May 1, a seemingly innocuous amendment by Florida's Republican-appointed Supreme Court, aligning the state summary judgment standard with that of federal courts, should make state courts much more hospitable to defendant insurers, says Charles Lemley at Wiley.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • NY Birth Injury Rulings Show Medical Fund Is Working

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    Recent New York rulings show that the state's Medical Indemnity Fund — intended to pay for the medical needs of children injured at birth and reduce malpractice exposure for medical providers — is working as intended after multiple legislative fixes, say Bradley Zimmerman and Christopher Nyberg at the Jacob Fuchsberg Law Firm.

  • 5th Circ.'s Health Care Fraud Ruling May Help Defendants Broadly

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    The Fifth Circuit's recent decision in U.S. v. Nora, reversing a defendant's health care fraud conviction, highlights the difficulty in proving a defendant's intent and may strengthen myriad defense theories, say Richard Roper and Elissa McClure at Thompson & Knight.

  • Lessons From Key Expert Testimony In Chauvin Trial

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    During the trial of former Minneapolis police officer Derek Chauvin, pulmonologist Martin Tobin gave a gripping account of the cause of George Floyd’s death, engaging jurors in creative ways and bringing five important lessons for lawyers preparing expert witnesses, say Harlan Prater and Logan Matthews at Lightfoot Franklin.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Beware Sunny Days: Lessons From BP's 2005 Texas Blast

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    The 16th anniversary of the massive explosion at BP's Texas City refinery is an occasion to remember that when companies grow complacent about favorable safety metrics, they leave themselves open to disaster — and to the civil and criminal liability that may follow, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

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