Personal Injury & Medical Malpractice

  • April 12, 2024

    UMG Seeks Escape From Woman's Diddy Sex Assault Suit

    UMG Recordings Inc. urged a New York state judge on Thursday to dismiss it from a lawsuit accusing hip-hop mogul Sean "Diddy" Combs and R&B artist Aaron Hall of sexually assaulting a woman in 1990, saying the woman's claims are untimely and have nothing to do with the music company.

  • April 12, 2024

    Ill. Court Affirms $300K Revenge Porn Award

    A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois federal court slapped him with, a state appeals court has ruled.

  • April 12, 2024

    NJ Court Revives Spinal Injury Suit After E-Filing Glitch

    A New Jersey appeals court on Friday reinstated a medical malpractice suit accusing a physician of causing a woman's severe spinal injuries, saying an unexplained glitch in the trial court's electronic filing system wrongly led to a dismissal of the suit.

  • April 12, 2024

    Crash Victim's Family Wins $38M Verdict Against Oncor

    A Texas jury has handed a $37.5 million verdict to the family of a man who died in a crash involving an Oncor driver, coming to its decision after reviewing evidence that showed the driver for the electric utility was distracted behind the wheel and never hit the brakes.

  • April 12, 2024

    Judge Rejects Tehum's $54M Bid To Resolve Injury Suits

    A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.

  • April 12, 2024

    Tyco Reaches $750M PFAS Deal In Foam Co. MDL

    Johnson Controls International PLC subsidiary Tyco Fire Products LP on Friday agreed to pay $750 million to settle public water systems' federal claims that some "forever chemicals" they detected in their supplies came from firefighting foam it made.

  • April 12, 2024

    Mich. Hospital Must Face MedMal Suit Against Contract Doc

    A hospital will have to face claims related to the alleged medical malpractice of its ICU director, a contractor, because the hospital did not make it clear to a patient who died that the doctor was not one of its employees, a Michigan appellate panel has said.

  • April 12, 2024

    Palestinian Groups Ask 10th Circ. To Affirm No US Jurisdiction

    The Palestinian Authority and the Palestine Liberation Organization have urged the Tenth Circuit to affirm a Colorado federal judge's ruling that he has no jurisdiction to consider a case by terrorism victims against the groups, arguing a 2019 federal law can't trump their due process rights.

  • April 12, 2024

    Live Nation Sued Over Shooting Deaths At Wash. Concert

    Live Nation is liable for the shooting deaths of two women at a Gorge Amphitheatre concert in Washington last summer, according to a complaint filed Thursday accusing the event promoter and security firms of allowing the shooting suspect to bring a handgun into the event campground.

  • April 12, 2024

    Abbott Labs Gets Price Claims Tossed In Baby Formula MDL

    An Illinois federal judge on Friday threw out a suit from parents alleging that Abbott Laboratories benefited from increased prices during a shortage of baby formula kicked off when one of its facilities was shut down, saying they haven't shown that the company's profits during that time were unjustly retained.

  • April 12, 2024

    Split Mich. Panel Restores Overdose Suit Against Pain Doctor

    Pandemic-prompted court orders that gave litigants in Michigan extra time to file lawsuits have continued to divide the state's appellate bench, as another three-judge panel couldn't agree Thursday on whether the orders gave a woman's estate extra time to sue her doctor.

  • April 12, 2024

    Mich. Panel Says Out-Of-State Car Accident Isn't Covered

    A Michigan resident is not entitled to insurance benefits for a car accident under the state's no-fault law, a state appeals court has ruled, reinstating its previous decision that claimants are not eligible for state-provided benefits for injuries arising from out-of-state accidents.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL

    In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.

  • April 12, 2024

    Zoll Says 'Cookie-Cutter' Hack Claims Don't Show Harm

    Zoll Medical Corp. is asking a Boston federal judge to toss a proposed class action brought by medical device customers whose personal information was released during a ransomware attack last year and an earlier data breach in 2019, arguing the consumers weren't actually injured.

  • April 12, 2024

    Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

    A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.

  • April 12, 2024

    'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit

    The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.

  • April 11, 2024

    Hospitals Responsible For Contract ER Docs, Justices Say

    Washington state's high court ruled on Thursday that hospitals may be held liable for alleged neglectfulness of contracted doctors working in their emergency rooms, reviving negligence claims against the medical center brought by the estate of a woman killed by a flesh-eating disease that ER caregivers allegedly failed to diagnose.

  • April 11, 2024

    Ernest Health Hit With Suit After Cybercriminal Data Breach

    A group of former Ernest Health Inc. patients has hit the Texas-based hospital system with a proposed class action after a notorious group of cybercriminals breached the company's systems, saying that the company should've done more to protect patient data in a Thursday complaint.

  • April 11, 2024

    Energy Co. Says Insurer Can't Execute $21M Death Settlement

    A Berkley unit should be barred from executing a $21 million policy-limit settlement demand in a wrongful death suit, an energy company facing a separate suit told a Texas federal court, saying it will be left without coverage for a competing settlement demand if the insurer exhausts its policy limits.

  • April 11, 2024

    Drake Released From Astroworld MDL Ahead Of 1st Trial

    The judge overseeing the multidistrict litigation created to handle claims stemming from the 2021 Astroworld music festival ruled Wednesday that rapper Drake could escape the sprawling lawsuits stemming from the crowd crush that killed 10 and left hundreds injured.

  • April 11, 2024

    Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses

    An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.

  • April 11, 2024

    Birth Control Injury Claims Barred From Conn., Court Told

    Connecticut state courts have no basis to exercise jurisdiction over three of the four companies targeted in product liability lawsuits brought by 103 women who claim their Filshie Clip birth control devices migrated within their bodies and caused injuries, counsel for the defendants told a Waterbury judge Thursday.

  • April 11, 2024

    Insurer Drops Suit After Evidence Clears Stihl In Fire Case

    Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

  • April 11, 2024

    Syracuse Diocese Told Its Ch. 11 Plan Needs More Work

    A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.

Expert Analysis

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    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.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    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.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    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.

  • Stay Interviews Are Key To Retaining Legal Talent

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    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.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    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.

  • SC Ruling Reinforces All Sums Coverage Trend

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    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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