Personal Injury & Medical Malpractice

  • February 26, 2024

    Diddy Producer Says He Was Sexually Assaulted, Harassed

    A producer who worked on Diddy's latest album said Monday that he was sexually assaulted and harassed by the rapper and his friends while living and working with him, and also witnessed Diddy providing "laced alcoholic beverages" to minors and sex workers, according to a lawsuit filed in New York federal court.

  • February 26, 2024

    Feds Want PacifiCorp To Cover $1B Ore., Calif. Wildfire Costs

    PacifiCorp revealed in a U.S. Securities and Exchange Commission filing Monday that the U.S. Department of Justice is potentially looking to collect more than $1 billion from the company to cover costs related to 2020 wildfires in Oregon and California, even threatening to take one matter to court.

  • February 26, 2024

    FAA Review Panel Flags 'Disconnect' In Boeing Safety Culture

    Boeing's overall safety culture is still "inadequate" and "disconnected" despite strengthening internal safety protocols in the five years since two fatal 737 Max 8 jet crashes, according to a new report from a Federal Aviation Administration review panel.

  • February 26, 2024

    Medical Device Companies Settle Ga. Wrongful Death Suit

    Two medical alert device companies have settled a Georgia man's allegations that their negligent handling of his mother's distress call led to her death, avoiding a looming trial in the case, according to a filing Monday in Peach State federal court.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    SoCal Edison Will Pay 'Record' $80M To End Thomas Fire Suit

    Southern California Edison Co. has agreed to shell out $80 million to resolve a lawsuit in California federal court alleging the utility company caused the 2017 Thomas Fire that scorched large sections of the Los Padres National Forest, the U.S. Department of Justice announced on Monday.

  • February 26, 2024

    Boston Moves To Settle Suit Over 2016 Police Shooting

    The city of Boston has reached an agreement in principle to settle a wrongful death lawsuit brought by the mother of a Black man who was shot to death by Boston police officers in 2016, according to a Monday filing.

  • February 26, 2024

    Disney Sued Over Woman's Death From Allergen-Filled Meal

    A New York man whose wife died of an allergic reaction after eating at an Irish restaurant at Walt Disney World is suing both the restaurant and Walt Disney Parks and Resorts for negligence, asserting they were repeatedly assured that the food they were served was free of allergens.

  • February 26, 2024

    'Rebel Alliance' Seeks Court Rescue In Opioid Discovery Clash

    A discovery dispute that includes references to the Rebel Alliance in the movie "Star Wars" and accusations of circumventing court rules — in a galaxy closer to Ohio — is headed before a federal judge handling multidistrict litigation over the opioid epidemic.

  • February 26, 2024

    Mich. Justices Told Case Deadlines Tied To Litigants' Rights

    A property management company has told the Michigan Supreme Court it should reaffirm that case filing deadlines are "substantive" policy matters because they are essential to litigants' right to be free from stale claims, as the court is expected to decide whether it improperly extended a grace period to filers during the pandemic. 

  • February 26, 2024

    Ga. Appeals Court Brings Care Co. Back Into Death Suit

    A Georgia Court of Appeals panel on Monday reversed a trial court's decision to release a disability service coordination company from a wrongful death lawsuit, finding that it remains an open question as to whether the company's negligence cost one of its patients her life.

  • February 26, 2024

    Two Indicted In $3.9M Fraudulent Business Email Scheme

    The U.S. Department of Justice has announced that a federal grand jury indicted two men for an email conspiracy that duped an asbestos abatement company and a shipping company into depositing about $3.9 million into their own bank accounts instead of the intended.

  • February 26, 2024

    Banks Say Brazil Pollution Suit In NY Is In Wrong Country

    Four leading financial institutions are urging a New York federal judge to throw out a pair of proposed class suits accusing them of enabling environmental degradation in Brazil by lending $17.2 million to Brazilian mining company Vale SA, arguing the claims don't belong in the United States because they are "all about Brazil."

  • February 26, 2024

    Texas Nursing Home Must Face Suit Over Resident's Uri Death

    A Texas appellate court says the daughter of a woman who died of hypothermia during Winter Storm Uri can go ahead with a lawsuit against the nursing home where she died, affirming a lower court's decision that the daughter's expert witnesses were qualified to weigh in on the case.

  • February 26, 2024

    Railcar Cos. Want Out Of Pa. Schools' Derailment Suit

    A trio of railcar companies told a federal court that a group of Pennsylvania school districts can't rope them into litigation over the Norfolk Southern derailment in East Palestine, Ohio, arguing in briefs Friday that the schools didn't sufficiently link them to the harm allegedly suffered from the derailment and chemical spill.

  • February 26, 2024

    Lyft Can't Escape Claims Its Driver Failed To Protect Teenager

    A Connecticut federal judge won't let Lyft out of a suit alleging one of its drivers drove a 14-year-old out of state to a location where she was sexually abused, saying the girl's family is allowed to amend its complaint.

  • February 26, 2024

    Cole Scott Fights DQ Bid In Fla. Over Atty's Prior Work

    Cole Scott & Kissane PA has told a Florida federal court that the firm should not be disqualified from defending a car wreck lawsuit because a partner's representation of the plaintiff in a prior personal injury lawsuit involved a completely unrelated vehicle accident.

  • February 26, 2024

    NJ, Solvay Push Back Against Town's Bid To Pause PFAS Deal

    New Jersey and the American arm of Belgian chemical company Solvay have slammed a Garden State town's bid to pause final approval of a $393 million settlement over "forever chemical" contamination, calling it disingenuous and arguing such a move would only delay the assistance the settlement would provide towns impacted by the pollution.

  • February 26, 2024

    Supreme Court Won't Hear Appeal Of Calif. Honking Law

    The U.S. Supreme Court on Monday opted not to take up an appeal challenging a California law banning people from honking car horns except to warn others, leaving the ban in place.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Trump Asks Court To Wait On 'Uncertain' $83M Carroll Award

    Donald Trump has asked a New York federal judge to hold off on forcing him to pay the $83.3 million he owes writer E. Jean Carroll for calling her a liar, a request that comes the same day he was hit with a $454 million bill in a separate case.

  • February 23, 2024

    Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit

    A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment.

  • February 23, 2024

    'Rust' Set Was Open To Evidence Tampering, Jury Hears

    A New Mexico jury heard Friday that the possibility of evidence tampering both strengthened and weakened a manslaughter case against the armorer for the movie "Rust" in a trial over her role in the accidental fatal shooting of a cinematographer by Alec Baldwin.

  • February 23, 2024

    Miss. High Court Won't Axe Liver Failure Wrongful Death Suit

    The Mississippi Supreme Court reinstated wrongful death claims brought by the widow of a driver who suffered injuries in an auto crash but died due to liver failure after being prescribed acetaminophen, finding that the question of whether his death was foreseeable is one for the jury to decide.

Expert Analysis

  • 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.

  • 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.

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