Personal Injury & Medical Malpractice

  • February 28, 2024

    SafeSport Cites 'Absolute Immunity' In Young Swimmer's Suit

    The U.S. Center for SafeSport on Wednesday asked a Washington federal court to dismiss a suit claiming the sexual abuse watchdog botched an investigation into purportedly false allegations of sexual misconduct, arguing that it has "absolute immunity" from suits challenging its eligibility decisions regarding young athletes.

  • February 28, 2024

    Ga. Panel Brings Doctor In, Publix Out In Drug Allergy Case

    The Georgia Court of Appeals on Wednesday overturned a trial court ruling releasing a doctor from the professional malpractice suit of a patient who was hospitalized for nearly two weeks following an allergic reaction to a prescription drug but remained "unpersuaded" that Publix Super Markets Inc. was liable in the case.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Justices Lean On Both Sides In ATF Bump Stock Rule Case

    The U.S. Supreme Court on Wednesday considered whether bump stocks can be considered machine guns under an Alcohol, Tobacco, Firearms and Explosives rule banning the devices, knocking holes in opposing interpretations of the National Firearms Act's definition of a machine gun.

  • February 28, 2024

    Judges Tell Mich. To Get Moving On Flint Engineering Suit

    Michigan federal and state judges on Wednesday told the state to speed up its professional malpractice case against an engineering firm accused of prolonging the Flint water crisis, saying Michigan can't worry about whether it would look bad to go ahead before residents resolve their federal claims.

  • February 28, 2024

    FDA Says No More Sales Of PFAS For US Food Packaging

    The U.S. Food and Drug Administration on Wednesday said that so-called forever chemicals are no longer being sold for use in grease-proofing food packaging, such as in take-out containers, in the U.S., ending a major source of exposure to a group of chemicals linked to health problems.

  • February 28, 2024

    No Direct Evidence Ties 'Rust' Armorer To Live Ammo, Jury Told

    A New Mexico detective testified Wednesday in the involuntary manslaughter trial of "Rust" film armorer Hannah Gutierrez-Reed that investigators were unable to definitively show who brought live ammunition onto the movie's set before the fatal shooting of a cinematographer.

  • February 28, 2024

    Netflix Kanye Doc Didn't Defame Dancing Woman, Judge Says

    An Illinois federal judge threw out a lawsuit Tuesday by a woman who claimed a Netflix documentary about Kanye West was defamatory because it had footage of her dancing while intoxicated, ruling that "holding up a mirror isn't defamation," even if it is unflattering.

  • February 28, 2024

    Family's Suit Over Take-Home Asbestos Death Is Revived

    A Texas appeals court has reinstated a man's suit against Howmet Aerospace Inc. alleging his wife died of asbestosis as a result of cleaning his asbestos-covered clothing for 25 years, saying the trial court was wrong to find that the man hadn't presented any evidence linking that exposure to her death.

  • February 28, 2024

    Equinox And Trainer Ignored Struggling Before Injury, Suit Says

    An Equinox personal trainer ignored a client whose struggle to complete a bench press led to a ruptured pectoral muscle, according to a lawsuit filed Tuesday in Massachusetts.

  • February 28, 2024

    Pair Can't Sue Over Crash Caused By Chase, Ga. Court Says

    The Georgia Court of Appeals on Tuesday affirmed the dismissal of a lawsuit brought against the state's Department of Public Safety by a married couple who alleged a state trooper's reckless disregard for safety during a high-speed pursuit resulted in a crash that injured the husband.

  • February 28, 2024

    Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits

    A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Plastic-Maker Says Insurers Must Cover Worker Death Suit

    Ohio-based manufacturer Encore Plastics took Travelers Property Casualty Co. of America and American Guarantee & Liability Insurance Co. to federal court, claiming both companies are violating their policies by refusing to defend or indemnify it in an underlying suit over one of its workers' death in an industrial accident.

  • February 27, 2024

    Ex-Girardi Keese Atty Settles With Actress Over Missing Cash

    An actress alleging that Erika Girardi's entertainment company helped her husband's now-defunct law firm, Girardi Keese, hide his clients' stolen money, including $744,000 stolen from her, finalized a $6,000 settlement with one of the firm's attorneys on Tuesday when a California judge signed off on the deal.

  • February 27, 2024

    Conn. Restaurant Rejects Revamped Wine-Tasting Death Suit

    Citing the statute of limitations and an alleged failure to plead a valid case, a venerable New Haven restaurant has asked a Connecticut state judge to reject an amended lawsuit accusing it of recklessly overserving alcohol at a "mandatory" employee wine tasting event and allegedly causing a worker's drunk driving death.

  • February 27, 2024

    'Rust' Armorer Regretted Not Checking Gun 'More,' Jury Hears

    A New Mexico state jury on Tuesday watched a law enforcement interview in which Hannah Gutierrez-Reed, armorer for the film "Rust," expressed remorse for not having more thoroughly checked a prop gun that went off in actor Alec Baldwin's hand, killing a cinematographer.

  • February 27, 2024

    J&J's CMO Says He Would've Pulled Talc If It Caused Cancer

    The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.

  • February 27, 2024

    Del. Jury Urged To Award $142M Roundup Punitive Damages

    Attorneys for the family of a South Carolina man whose cancer death was allegedly linked to long working use of Monsanto Corp.'s Roundup herbicide asked a Delaware Superior Court jury Tuesday for $142 million in punitive damages for the company's purported disregard of the product's toxic risk.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    Netflix Keeps Win Over '13 Reasons' Suicide Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging Netflix Inc. contributed to a spike in child suicides by pushing its "13 Reasons Why" series about a young girl's suicide onto vulnerable teenagers, saying the lead plaintiff's estate waited too long to sue.

  • February 27, 2024

    Monsanto Wants Further 11th Circ. Roundup Suit Review

    Monsanto has for a second time pressed the full Eleventh Circuit to review a panel ruling that a Georgia doctor's allegations the company failed to warn about cancer risks of using the Roundup weed killer was permitted despite federal pesticide labeling requirements.

  • February 27, 2024

    'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment

    A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.

  • February 27, 2024

    Company Escapes Coverage Row Over Lethal Ammonia Leak

    A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.

Expert Analysis

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Opinion

    J&J Bankruptcy Could Thwart Accountability For Victims

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    Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 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.

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