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Personal Injury & Medical Malpractice
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January 14, 2025
Podcaster Must Face Discovery In ICE Doctor's Defamation Row
A Georgia federal judge on Tuesday denied a podcaster's bid to dismiss a defamation lawsuit brought against her by a former immigration facility doctor but granted 60 days of jurisdictional discovery to assess the podcaster's involvement in publishing an allegedly defamatory episode accusing the doctor of performing forced hysterectomies on detainees.
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January 14, 2025
Wash. Justice Asks If Gun Law Impedes Self-Defense Right
A Washington state justice asked Tuesday if a state law banning the sale of large-capacity magazines for firearms can survive recent U.S. Supreme Court rulings expanding gun rights, noting that millions of people own the ammunition devices for self-defense.
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January 14, 2025
Monsanto Urges Fla. Court To Undo Punitive Damages Claim
Monsanto urged a Florida appeals court to reverse a lower court's decision allowing a punitive damages claim in a suit saying the company's Roundup weed killer causes cancer, arguing that punitive damages are barred in the case by Florida law limiting punitive damages for the same conduct in multiple cases.
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January 14, 2025
Ga. Cop Denies Involvement In False Murder Conviction
A Georgia police chief accused of conspiring to falsely accuse a man of murder after a Russian roulette accident more than 25 years ago has asked a federal judge to let him out of the man's civil rights suit, arguing that he "played no substantive role" in the allegedly crooked investigation.
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January 14, 2025
Sig Sauer Settles Gun Defect Suit With Injured Mass. Officer
Sig Sauer Inc. and a police officer who claims the gunmaker's P320 pistol spontaneously discharged and injured her without the trigger being touched have reached a deal ending the lawsuit she brought against the company, a Massachusetts federal judge announced Monday.
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January 14, 2025
TikTok Moderation Co.'s $5.5M Investor Deal Gets Initial OK
A Florida federal judge on Tuesday gave the first green light to a $5.5 million deal between TikTok content moderation company Teleperformance and a pension fund, resolving claims that investors were harmed after investigative reports were published claiming that Teleperformance was working its staff into the ground and forcing them to watch harmful content with no support.
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January 14, 2025
Combs Wants Full Access To Sex Tapes As Trial Nears
Sean "Diddy" Combs said Tuesday that New York federal prosecutors are trampling on his trial preparation rights by limiting access to exculpatory video evidence that supposedly depicts "clearly consensual sex among willing adults" rather than sex-trafficking.
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January 14, 2025
Conn. Justices Revive Insemination Suit, Punt On 'Wrongful Life'
The Connecticut Supreme Court on Tuesday reopened a lawsuit by two people who accuse a fertility doctor of using his own sperm to impregnate their mothers, ruling the case was more like an ordinary negligence claim than a wrongful life claim, which the doctor argued Connecticut law did not recognize.
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January 14, 2025
Lockheed, CNA Pause Coverage Suit Amid Settlement Talks
A Maryland federal court agreed Tuesday to continue pausing a dispute between Lockheed Martin Corp. and a CNA Financial unit over coverage for lawsuits accusing the aerospace and defense giant of environmental contamination, as the parties negotiate a potential coverage settlement.
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January 14, 2025
Pittsburgh Can't Pay To Bow Out Of Bridge Collapse Suits
The city of Pittsburgh can't put up $500,000 and hope to step away from the storm of litigation over the 2022 collapse of the Fern Hollow Bridge, a Pennsylvania state court judge has ruled.
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January 14, 2025
FPL Knew Electrified Palm Tree Was Dangerous, Worker Says
A worker urged a Florida state appellate court Tuesday to reverse a judgment in favor of Florida Power and Light Co. in a suit alleging he was severely injured because the utility knew that the palm tree he was removing would become electrified after touching nearby wires.
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January 14, 2025
Insurer Says It Owes No Coverage In Pot Co. Death Suit
Trisura Specialty Insurance Co. has told a Florida federal court exceptions to Trulieve Inc.'s insurance policy relieve it from having to defend the cannabis company from a wrongful death suit.
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January 14, 2025
Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial
A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.
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January 14, 2025
Allred Seeks To Ax 'Absurd' Defamation Suit Over Diddy Case
High-profile women's rights litigator Gloria Allred and her client have fired back at Sean "Diddy" Combs' former head of security, calling his defamation claims arising from the rape suit they filed against him and the embattled music mogul "absurd" and worthy of sanctions.
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January 14, 2025
TikTok Says NC Can't Fault Platform For Being 'Too Engaging'
TikTok Inc. has asked for an early exit from the North Carolina attorney general's lawsuit accusing the video platform of harming young users, saying it has no significant ties to the Tar Heel state and the AG's office can't otherwise build a case around its platform being "too engaging."
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January 14, 2025
2nd Circ. Rules Prison Docs Can't Escape Indifference Claims
A Second Circuit panel on Monday ruled two New York prison doctors must face a former inmate's deliberate indifference claims for allegedly overlooking his cancer symptoms despite medical exam results, while also finding the inmate's claims were not time-barred, though the court said the state and facility are protected by sovereign immunity.
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January 13, 2025
San Francisco 49ers Beat Suit Over Fan's Parking Lot Death
A California appellate panel has tossed a suit seeking to hold the San Francisco 49ers liable for the death of a fan who was punched by another fan, adding to a line of cases where property owners were cleared of liability in attacks by third parties.
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January 13, 2025
Carnival Waived Arbitration By Rejecting Fee, Ex-Worker Says
A former Carnival ship worker who was injured on the job argued Sunday that Carnival has waived its right to force him into arbitration by refusing to pay the worker's share of the filing fee after he initiated arbitration.
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January 13, 2025
Flint Legionella Victim's Estate Seeks OK On $1.5M Settlement
The mother of a woman who died of Legionnaires' disease after years of drinking the city of Flint's water is asking a Michigan federal court to approve a $1.5 million to settlement that would bring to an end her wrongful death claims.
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January 13, 2025
SoCal Edison Hit With Flurry Of Suits Over Eaton Fire
Southern California Edison was hit with multiple lawsuits by Altadena fire victims in California state court Monday, accusing the investor-owned public utility of negligently managing power-line equipment that on Jan. 7 purportedly sparked the Eaton Fire, which has already damaged over 7,000 structures and killed at least 16 individuals.
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January 13, 2025
Justices Won't Review 11th Circ.'s Cancer Cluster Decision
The U.S. Supreme Court said Monday that it won't review the Eleventh Circuit's affirmation of a favorable jury verdict for defense contractor Pratt & Whitney, which was found to have failed to exercise reasonable care when disposing radioactive materials, but also freed it from liability for the cancer cases that emerged in a Florida neighborhood.
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January 13, 2025
State Farm, Insurance Association Escape Data-Sharing Suit
An Illinois federal judge dismissed a proposed class action complaint Monday accusing State Farm of improperly sharing personal health information with a consortium of other insurers that allowed them to raise premiums and deny coverage industrywide, finding the conduct wasn't prohibited under the Illinois Insurance Code.
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January 13, 2025
Black Musician Beaten By White Nationalists Awarded $2.75M
A Black musician, teacher and activist who was attacked in 2022 by white supremacists in Boston won a $2.75 million default judgment Monday against hate group Patriot Front and its founder, in a ruling hailed by lawyers for the plaintiff as sending "an unequivocal message" that such acts will not be tolerated.
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January 13, 2025
RFK Jr.'s Wash. Anti-Vax Suit Can't Get High Court Save
The U.S. Supreme Court on Monday rejected Robert F. Kennedy Jr.'s bid for an emergency order to temporarily block a state of Washington medical board investigation into alleged anti-vaccine statements made by retired doctors.
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January 13, 2025
Infowars Bidder Raises Offer As Attys Consider Auction
A failed bidder for conspiracy-monger Alex Jones' Infowars has more than doubled the amount it would pay to acquire the website, and the parent company of satirical news site The Onion is preparing to submit its own revised bid, counsel for the trustee in Jones' Chapter 7 case said at a hearing in Texas bankruptcy court Monday.
Expert Analysis
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.