Personal Injury & Medical Malpractice

  • April 02, 2024

    7th Circ. Won't Revive Parents' Claims in Abbott Formula Row

    The Seventh Circuit upheld on Tuesday the dismissal of parents' claims they were economically harmed from buying infant formula that could have been contaminated with bacteria at an Abbott Laboratories plant, saying their alleged injuries aren't enough to prove standing. 

  • April 02, 2024

    Rental Co. Sues Family Of Child Who Drowned On Property

    A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.

  • April 02, 2024

    CSX Denies Liability In Backroads Bridge Crash Suit

    Freight railway giant CSX on Monday denied wrongdoing and insisted it can't be held liable for the injuries of two women who blamed the company's shoddy upkeep of a backroads bridge for a 2022 car crash.

  • April 02, 2024

    Kids' Clothier Didn't Deceive By Silence On PFAS, Judge Says

    An Illinois federal judge has thrown out a proposed class suit alleging that The Children's Place Inc. hid the presence of so-called "forever chemicals" in its school uniforms, saying the plaintiffs haven't alleged any duty to disclose or that the company's statements were misleading.

  • April 02, 2024

    Arizona Cardinals Must Pay $3M For Defaming Former Exec

    The Arizona Cardinals have been ordered to pay nearly $3 million for defaming a former vice president while dismissing him from the team, with a league-appointed arbitrator faulting the team for falsely suggesting the executive committed domestic violence.

  • April 02, 2024

    Cole Scott Beats DQ Bid Over Partner's Past Work

    The plaintiff in a car wreck injury lawsuit cannot disqualify Cole Scott & Kissane PA defense counsel from the case, a Florida federal judge has determined, finding that a firm partner's previous representation of the plaintiff in a separate suit was not enough of a connection to warrant the firm's removal.

  • April 02, 2024

    Sacramento Diocese's $500M Abuse Liability Prompts Ch. 11

    The Roman Catholic Bishop of Sacramento has filed for Chapter 11 in California court to address historical childhood sexual abuse liability that could reach as high as $500 million, saying the hundreds of claims could sap all the debtor's assets unless it sought the protection of bankruptcy.

  • April 01, 2024

    Apple, Other Cos. Say They're No 'Answer' To Astroworld MDL

    Apple Inc., rapper Drake, and nearly a dozen entities behind the 2021 Astroworld festival urged a Houston judge Monday to free them from the mass of litigation stemming from the 50,000-person crowd crush with only about a month to go before the first case will be heard by a jury.

  • April 01, 2024

    Transgender Woman's Healthcare Bias Case Teed Up For Trial

    A Georgia federal judge has said a behavioral health facility cannot escape claims brought against it by a transgender woman who alleges she was mocked and denied critical treatment during a stay there in 2019, teeing up the case to head to a jury trial.

  • April 01, 2024

    6th Circ. Judge Warns Of 'Trap' In Medical Malpractice Laws

    The Sixth Circuit has backed an Ohio federal judge's decision to toss a couple's claim against a doctor they say failed to provide proper prenatal care that could have prevented their child's brain damage, with one judge writing separately that the relevant laws can easily "trap unwary litigants" with their requirements.

  • April 01, 2024

    Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads

    After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.

  • April 01, 2024

    3M Gets Final OK On PFAS Deal Worth Up To $12.5B

    A South Carolina federal judge on Friday gave a final nod on a settlement between 3M and about 12,000 public water systems worth up to $12.5 billion to end claims over so-called forever chemicals in firefighting foam, saying that otherwise it would take years to try the cases.

  • April 01, 2024

    Women Must Arbitrate Suit Over Ex-Coach's Hidden Cam

    Newly discovered texts and files on a former Temple University football coach's devices won't help three women revive or revise their lawsuits against the coach and the dog-sitting app he used to recruit them, a Pennsylvania federal judge ruled Friday.

  • April 01, 2024

    J&J Opted To 'Deny' Talc-Cancer Link, Jury Told

    Johnson & Johnson opted to "deny, deny, deny" evidence linking its baby powder to ovarian cancer and continued to market it as safe to use, an attorney for the widower of a longtime baby powder user who died from cancer told jurors in Sarasota, Florida, on Monday.

  • April 01, 2024

    Lack Of Full Transcript Dooms Med Mal Verdict Appeal

    An Ohio state appeals panel has affirmed a verdict clearing a doctors' group from a woman's malpractice suit, saying without a full transcript of the trial, it can't conclude that the court was wrong to block her from presenting certain pieces of evidence.

  • April 01, 2024

    Murdaugh Gets 40 Years For Financial Crimes In Fed. Court

    Alex Murdaugh, the disgraced former South Carolina lawyer serving a life sentence for murder, was hit with a concurrent 40-year prison term in federal court Monday after pleading guilty to stealing at least $9 million from clients.

  • April 01, 2024

    Doctors Don't Have To Give Expert Opinions In Med Mal Suit

    A Pennsylvania federal judge has thrown out a man's suit seeking to force his doctors to provide an affidavit of merit for a malpractice suit, saying there's no legally recognized duty the doctors breached by refusing.

  • April 01, 2024

    Fla. Judge Says Saudi Arabia Immune From Navy Attack Suit

    A Florida federal judge freed Saudi Arabia from a lawsuit alleging its responsibility for a Royal Saudi Air Force lieutenant's deadly shooting attack at a Pensacola Navy base, saying attack victims failed to overcome the country's immunity from U.S. lawsuits.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    UTA's Atty Hit With $125M Suit Over 'Pathological Liar' Remark

    United Talent Agency's attorney has been accused of defaming MediaLink founder Michael Kassan by calling him a "pathological liar" in the press, according to a suit filed in Los Angeles County, the latest development in a fierce dispute that has seen UTA and Kassan accuse each other of fraud.

  • March 29, 2024

    Argentine Gunmaker Accused of Hiding Light Trigger Defect

    An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.

  • March 29, 2024

    Strange But True: Product Liability Stories For April Fools'

    Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.

  • March 29, 2024

    Texas Doc Who Didn't Treat Patient Must Face Med Mal Suit

    A Texas state appellate court has declined to toss a suit accusing an emergency department doctor of negligently supervising a physician assistant who failed to diagnose a woman's stroke symptoms, saying a factual dispute exists regarding whether a physician-patient relationship was formed.

  • March 29, 2024

    Liberty Units Lose $13.3M Motel Murder Coverage Bid

    CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.

  • March 29, 2024

    Trash-Truck Maker Escapes Design Suit Over Worker's Death

    A New Jersey appeals panel has thrown out claims against a garbage-truck maker alleging its defective design resulted in a worker's death when the truck hit a pole, saying the plaintiff's expert offered no support for his opinion that the truck was unsafe in its design.

Expert Analysis

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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