Personal Injury & Medical Malpractice

  • April 16, 2024

    Absent Proof Of Direct Effect, Pa. Sen. Loses Wastewater Row

    A Pennsylvania state senator lacks individual standing to stop the state Department of Environmental Protection from allowing wastewater discharges into a tributary of the Susquehanna River because she hasn't given enough evidence that potential pollution would directly affect her, a state appeals court ruled Tuesday.

  • April 16, 2024

    Colo. Shooting Case Could Return To State Court, Judge Hints

    A tepid federal judge in Connecticut hinted on Tuesday he might send cases by Colorado mass shooting victims against gun maker Sturm Ruger & Co. back to state court, noting that only rarely may district court judges hear core state law claims when federal law provides an ingredient in the analysis.

  • April 16, 2024

    Appeals Court Won't Block 3M 'Fishing Expedition' Deposition

    A state appeals court on Tuesday declined to halt a presuit deposition requested by 3M Co. against a Texas attorney to investigate claims that the lawyer was aware of false statements his co-counsel made in a coal-related lung disease suit out of Kentucky.

  • April 16, 2024

    Nursing Home Foot Amputation Suit Sent Back To Trial Court

    An Ohio appeals panel has revived a man's suit alleging an assisted living facility failed to notice his foot ulcer, leading to its eventual amputation, saying the trial court wrongly concluded the facility was not a nursing home under state law and therefore didn't have a duty.

  • April 16, 2024

    Ga. Sheriff's Abuse Conviction Should Stand, 11th Circ. Hints

    An Eleventh Circuit panel on Tuesday appeared wary of dismissing the criminal conviction of Victor Hill, a former Georgia sheriff who was convicted in 2022 of violating the civil rights of detainees by strapping them to a chair for hours at a time.

  • April 16, 2024

    Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

    A California federal judge tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.

  • April 16, 2024

    Smartmatic Settles Election Defamation Suit Against OANN

    Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.

  • April 16, 2024

    Rochester, NY, Diocese's Creditors To Mull Rival Ch. 11 Plans

    A New York bankruptcy judge sent a pair of competing Chapter 11 plans for the Roman Catholic Diocese of Rochester out Tuesday morning for creditor votes, after rejecting previous explanations of the proposals for being unclear about payouts to childhood sexual abuse survivors.

  • April 16, 2024

    Sikorsky Calls Chopper Crash Suit 'Beyond' US Court's Power

    Sikorsky Aircraft Corp. pushed a Pennsylvania federal judge to toss liability claims brought by the families of six Canadian military personnel who died in one of its helicopters, arguing that the witnesses and evidence for the case are in Canada, "beyond the compulsory process of this court."

  • April 16, 2024

    DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust

    A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.

  • April 15, 2024

    Law Firm Shooting Victim Was 'In Constant Fear,' Family Says

    A woman who was killed in a shooting that also took the life of her husband, prominent Las Vegas personal injury lawyer Dennis Prince, "lived in constant fear for her safety" as she battled her ex-husband for custody of their two young children, her parents said Monday.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    Travis Scott Says He 'Made No Difference' In Woman's Death

    Attorneys for Travis Scott told a Houston judge Monday that the rapper's failure to stop his Astroworld concert the night of a fatal crowd crush was inconsequential to the first victim's case, as she was receiving medical care more than 20 minutes before he was ordered to stop performing.

  • April 15, 2024

    Giuliani Can't Dodge $148M Defamation Verdict, Judge Says

    A D.C. federal judge on Monday refused to disturb a jury verdict directing Rudy Giuliani to pay $148 million to two Georgia election workers whom he falsely accused of committing ballot fraud in the 2020 presidential election, saying the former New York City mayor and Trump ally hasn't offered any reason to modify the jurors' decision or hold a new trial.

  • April 15, 2024

    NJ Appeals Court Tosses Suit Over Painful Dental Implants

    A New Jersey appeals court on Monday tossed a suit accusing an oral surgeon of botching a woman's dental implant surgery, saying that because the treatment took place in Pennsylvania and the surgeon's clinic had few contacts with New Jersey, the Garden State doesn't have jurisdiction.

  • April 15, 2024

    Allstate Asks Court To Order Takedown Of 'Smear' Posts

    Allstate asked a Colorado federal judge to order a former independent contractor to remove false statements on his website accusing the insurer of selling customers' personal information to criminals, arguing it has been irreparably injured and that the defendant has signaled he has no plans to stop his smear campaign.

  • April 15, 2024

    Shopper Says ConAgra Beans Poisoned Her With Ammonia

    A Colorado woman is suing ConAgra over alleged ammonia contamination in one of its refried bean products, claiming in a lawsuit removed to Colorado federal court Monday that one bite resulted in cuts, blisters and bleeding in her mouth and throat.

  • April 15, 2024

    Tennis Coach Awarded $2.9M For Defamation In Title IX Suit

    A Quincy University tennis coach has been awarded $2.9 million at the close of a jury trial in Illinois federal court on his counterclaims that a former star recruit spread rumors that he had had sexual relations with a female student tennis player.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Doc's NDAs Illegally Silenced Negative Reviews, Judge Says

    A Washington state plastic surgery practice illegally required patients to sign pretreatment nondisclosure agreements that threatened to punish them for posting negative online reviews, a Washington federal judge has determined.

  • April 15, 2024

    Diocese Says Insurer Must Refund Sex Abuse Claims Defense

    Certain underwriters at Lloyd's of London must pay defense expenses related to sexual abuse claims against the Roman Catholic Diocese of Rockville Centre, the diocese has told a New York court, maintaining that its bankruptcy proceedings do not relieve the insurer of reimbursement requirements.

  • April 15, 2024

    'Rust' Armorer Gets 18 Mos. For On-Set Shooting Death

    A New Mexico judge gave "Rust" film armorer Hannah Gutierrez-Reed the maximum 18-month prison sentence Monday for involuntary manslaughter in the fatal shooting of a cinematographer on the set of the low-budget Western starring actor-producer Alec Baldwin, who faces trial on the same charge this summer.

  • April 15, 2024

    Conn. Attorney Says She'll End Defamation Lawsuit For $750K

    A Connecticut attorney who accused an acquaintance of commissioning and disseminating a background check that falsely called her a convicted drug dealer has told a Constitution State court that she would be willing to resolve her defamation claims if that acquaintance agrees to pay her $750,000.

  • April 15, 2024

    Bomb Dog Trainer Links Cancer To Job In Benefits Denial Suit

    A Massachusetts state police trooper says he was diagnosed with cancer after being exposed to hazardous materials while training an explosives-detection dog at Logan Airport, according to a suit seeking line of duty injury benefits.

  • 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.

Expert Analysis

  • AI In The Operating Room: Liability Issues For Device Makers

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    As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, says Brett Mason at Troutman Pepper.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • 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.

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