Personal Injury & Medical Malpractice

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Miami Atty Hits Fla. Bar, Newspaper With $5B Libel Action

    A Miami lawyer has targeted the Florida Bar and a newspaper with a defamation suit seeking $5 billion in damages, alleging that an article published about the events surrounding a previous legal action he filed against a doctor caused him "irreparable reputational damage both as a common citizen and as [an] attorney."

  • February 22, 2024

    Was Armorer 'Sloppy' Or 'Scapegoat'? 'Rust' Trial Opens

    An attorney for film prop weapons expert Hannah Gutierrez-Reed told a New Mexico state jury during opening statements in her involuntary manslaughter trial Thursday that the producers of "Rust," including actor Alec Baldwin, used the young armorer as a "scapegoat" in the fatal on-set shooting of a cinematographer.

  • February 22, 2024

    Mass. Medical Regulator Seeks Pregnancy Center Records

    A group of pregnancy crisis centers in Massachusetts and their medical director have been hit with a civil investigative demand by the state's medical board, which says it is looking into allegations the clinics "may be engaging in deceptive practices" and allowing unlicensed employees to perform ultrasounds and other procedures.

  • February 22, 2024

    Fire Product Makers Try To Move PFAS Suit To Fed. Court

    A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.

  • February 22, 2024

    Things To Watch As Boeing's 737 Max Crisis Grows

    Boeing is bracing for another round of government investigations, production pauses and mounting litigation in its enduring 737 Max crisis after last month's midair panel blowout, but experts say a leadership shakeup and promises to enhance inspections offer cold comfort to regulators, airlines and passengers.

  • February 22, 2024

    $10M Crash Verdict Nixed Over Excluded Toxicology Expert

    A Texas appeals court on Thursday vacated a $10 million verdict against a truck driver in a wrongful death suit, saying the trial court wrongly excluded expert testimony about the other driver's blood alcohol content and how it could have contributed to the crash.

  • February 22, 2024

    Wolverine Wants Judgment, Sanctions In PFAS Coverage Row

    Footwear company Wolverine asked a Michigan federal court Thursday to grant it a win and impose additional sanctions against its insurer for continued "flagrant disregard and willful disobedience of discovery orders" in a dispute over coverage of PFAS chemical injury suits that may set the tone for similar litigation.

  • February 22, 2024

    Brazilian Heiress' Daughter Can't Escape Colo. Collection Suit

    The daughter of a Brazilian heiress must face claims that she stashed money for her mom to avoid a nearly $20 million court judgment, after a Colorado state judge said a creditor has alleged enough signs of fraud for the allegations to proceed.

  • February 22, 2024

    SoCal Edison Faces More Suits Over 2022 Fairview Fire

    Southern California Edison has been slapped in state court with two additional lawsuits by California residents alleging the company should be held liable for causing the deadly Fairview Fire in September 2022 that charred more than 28,000 acres, destroyed 36 structures and killed at least two people.

  • February 22, 2024

    Bumble Reaches $315K Settlement In Criminal Screening Case

    Dating app company Bumble has agreed to pay $315,000 and change its business practices to settle claims brought by New Jersey Attorney General Matthew Platkin that it failed to disclose its criminal background-check screening policies.

  • February 22, 2024

    Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner

    Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.

  • February 22, 2024

    Disbarred Pa. Attorney Faces Forgery, Tampering Charges

    A disbarred Pennsylvania attorney now faces criminal charges for allegedly presenting fake court documents to clients with forged signatures of judges while pretending to litigate dismissed lawsuits.

  • February 22, 2024

    Judge Partially Tosses Suit Over Texas Beirut Bombing Suits

    A Texas federal judge has partially dismissed a lawsuit between two Houston attorneys and a Maryland firm they've accused of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing, writing that the firm can't face suit in the Lone Star State because the duo initiated and executed the representation agreement while on the East Coast.

  • February 22, 2024

    Ex-BigLaw Atty Refiles Defamation Case Against Influencer

    The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be."

  • February 22, 2024

    ICE's Immunity Bars Bulk Of Virus Death Suit, For Now

    U.S. Immigration and Customs Enforcement has for now dodged most of a lawsuit over the death of a man who contracted COVID-19 in detention, after a California federal court ruled that sovereign immunity barred most of the case.

  • February 22, 2024

    AMC Fall Suit Earlier Tossed After 5-Year Deadline Is Revived

    A California appeals court has revived a woman's claims that she tripped and fell at an AMC Entertainment Inc. theater, finding the trial court didn't give her adequate notice of a motion to dismiss based on the state's five-year trial deadline.

  • February 22, 2024

    Full Supreme Court Won't Halt Boy Scouts' Ch. 11 Plan

    The full U.S. Supreme Court on Thursday shot down an appeal that had prompted Justice Samuel Alito to briefly halt the Boy Scouts of America's bankruptcy and had thrown its Chapter 11 plan into temporary disarray.

  • February 21, 2024

    Aerosmith's Steven Tyler Beats NY Sex Assault Suit, For Now

    A New York federal judge tossed a former teen model's sexual assault lawsuit accusing Aerosmith front man Steven Tyler of groping and kissing her in public without her consent, finding Wednesday that the lawsuit is untimely and doesn't allege a "serious risk of physical injury" to state a claim.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Nurses Ignored Surgery Patient's Fatal Sepsis, Fla. Jury Hears

    Nurses at Florida's Bayport Medical Center neglected a post-op patient as she developed sepsis and eventually died in the ICU, and one nurse revised notes to conceal the negligence, jurors heard in opening arguments Wednesday.

  • February 21, 2024

    Texas Panel Unsure Hospital Should Escape $6M MedMal Suit

    A Texas state appellate panel on Wednesday wondered why Harris Hospital should duck liability for a contractor's critical error that left a woman with severe brain damage, with one justice saying the rules that govern Medicaid are "good enough for Texas."

  • February 21, 2024

    Ill. Court Vacates R. Kelly Victim's $4M Default Judgment

    An Illinois appellate court has thrown out a $4 million default judgment won by a woman who claimed jailed former R&B star R. Kelly physically and sexually abused her, saying certain procedural rules were not appropriately followed. 

  • February 21, 2024

    Gov't Says Camp Lejeune Litigants Must Show Specific Cause

    The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.

  • February 21, 2024

    Justices Told NRA Speech Claim Would Thwart Regulation

    The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."

Expert Analysis

  • 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.

  • 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.

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