Personal Injury & Medical Malpractice

  • 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.

  • April 11, 2024

    Exploding Shower Door Injury Suit Must Stay In Fed. Court

    A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.

  • April 11, 2024

    Pa. Docs Must Face Patient's Post-Op Blood Clot Death Suit

    A Pennsylvania appeals court has revived a woman's suit against her husband's physician over his death from a pulmonary embolism, saying her experts established a factual dispute over whether the doctor's failure to conduct appropriate tests or inform a surgeon of the husband's prior blood clots led to his death.

  • April 11, 2024

    Trump Camp Must Face 2020 Election Lies Suit

    A Denver trial court rightfully kept intact a former Dominion executive's defamation claims against Donald Trump's presidential campaign and others, accusing them of spreading false claims that the executive helped rig the 2020 election, a Colorado appellate panel ruled Thursday.

  • April 10, 2024

    Colo. Judge Tosses ACLU Suit Alleging Police Surveillance

    A Colorado federal judge on Wednesday tossed a lawsuit brought by the American Civil Liberties Union on behalf of progressive activists claiming a police department unconstitutionally surveilled their activities, finding the police officers were protected by qualified immunity.

  • April 10, 2024

    Tribes Sue Social Platforms Over Native Youth Suicides

    Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.

  • April 10, 2024

    No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict

    A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.

  • April 10, 2024

    Chicago Man Wants New Judge In Facebook Defamation Suit

    A Chicago-area resident suing Meta over allegedly false sexual misconduct accusations on an "Are We Dating the Same Guy?" Facebook page wants a different judge to handle his case, arguing his current judge's "extensive professional relationship" with Meta's counsel warrants her recusal.

  • April 10, 2024

    Deported Man Can't Undo Fraud Conviction After Feds' Error

    A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.

  • April 10, 2024

    Jet Co. Can't Escape Suit Over Plane Depleting Fuel, Crashing

    A Florida federal judge declined to dismiss a lawsuit filed by a passenger alleging negligence after his chartered plane ran out of fuel and crashed into the ocean, saying the liability waiver cited by the private jet company and pilot can't be enforced under the Warsaw Convention.

  • April 10, 2024

    Apple, Live Nation Unit Denied Bids To Beat Astroworld Claims

    A Texas state judge has rejected bids by Apple Inc. and ticketing and security companies to avoid trial in sprawling lawsuits over their potential responsibility for a fatal crush of spectators at a concert three years ago featuring rapper Travis Scott.

  • April 10, 2024

    NBC, Universal Sued Over 'Harry Potter' Ride Malfunction

    Riders who were stuck for over an hour on a ride at the Wizarding World of Harry Potter in Universal Studios Hollywood that left them suspended midair have sued NBCUniversal and the theme park in California court, accusing them of negligently failing to safely maintain the attraction.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    Settlements Prompt SC Cheer Abuse Case Dismissal

    Four suits levying sexual abuse allegations against competitive cheerleading's power brokers have been tossed from South Carolina federal court as a series of settlements have shifted the focus of the litigation from corporate giants to individual gyms and coaches.

  • April 10, 2024

    Talc Death Liability Should Have Been Even Split, Panel Finds

    A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Hawaiian Electric Brass Hit With Suit Over Wildfire Preparation

    A Hawaiian Electric Industries Inc. shareholder has alleged in a derivative suit that the company's executives and directors knew that it was not prepared for last year's deadly Maui wildfire, which caused reputational and financial damage to the company.

Expert Analysis

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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