Showing 8 posts by Nathan J. Law.
Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
Since the beginning of the COVID-19 pandemic in March 2020, local, state and federal authorities have sought out ways to address the many issues presented by the pandemic. One such issue is how to address the legal issues facing healthcare workers, who place themselves at risk of contracting the disease every day, and whether these workers and medical facilities should be shielded from criminal or civil liability based on difficult treatment decisions.
As the number of COVID-19 patients continues to rise in the US and worldwide, hospitals and doctors are faced with the decision of how to allocate scarce resources, such as ICU beds, ventilators, and time spent by staff treating an individual patient. An example of one such allocation decision is whether a healthcare worker should administer CPR for a patient who is crashing. More »
PROFESSIONAL LIABILITY CLIENT ALERT: Pennsylvania Mulls Repeal of Medical Malpractice Venue Restrictions; Both Plaintiff and Defense Bars Claim Victory From Study
On February 3, 2020, the Pennsylvania Legislative Budget and Finance Committee (“LBFC”) released its findings from a study of the impact of venue restrictions on medical malpractice cases. The LBFC warned that changes to the medical malpractice rules could lead to initial uncertainty in the malpractice insurance market, but also found no clear link between relaxed medical malpractice restrictions and the availability of affordable healthcare. This ruling left both the plaintiff bar and defense bar claiming an initial victory in the ongoing debate over proposed changes to Pennsylvania’s forum-shopping restrictions in medical malpractice cases. More »
The Illinois Fourth District Appellate Court has handed down a ruling further clarifying what constitutes de minimus exposure and the minimum threshold plaintiffs need to surpass to prove causation in Illinois asbestos litigation. In Krumwiede v. Tremco Inc., the Fourth District reversed the jury’s verdict in favor of plaintiff, finding a failure to present evidence that the decedent had frequent, regular and proximate contact with respirable asbestos fibers from the defendant’s products. More »
CYBER RISK CLIENT ALERT: Supreme Court Remands Google Settlement - Might Resolve Existing Circuit Splits On Proving Actual Harm
On March 19, 2019, the United States Supreme Court remanded a privacy class action settlement back to the Ninth Circuit Court of Appeals to address whether the class members can plausibly claim to have suffered concrete harm. This ruling serves as the latest hurdle for plaintiffs in cybersecurity litigation to establish standing to sue companies for data breaches and unauthorized data sharing. More »
DATA BREACH LITIGATION UPDATE: District Court Judge Rejects Remijas Settlement and Decertifies Class
A judge for the U.S. District Court for the Northern District of Illinois has dealt the latest blow to a consumer class seeking recovery from Neiman Marcus following the 2013 exposure of credit card information, as the result of a data breach. On September 17, 2018, Judge Sharon Johnson Coleman decertified the class and rejected a $1.6 million settlement reached between the class and Neiman Marcus Group LLC. More »
LIFE SCIENCES CLIENT ALERT: Seventh Circuit Reverses $3 Million Judgment Against GlaxoSmithKline Citing Preemption
A three-judge panel for the Seventh Circuit reversed a verdict awarding the widow of a Chicago attorney $3 million following the death of her husband. Wendy Dolin alleged drug manufacturer, GlaxoSmithKline LLC (“GSK”), was negligent in failing to warn consumers about the potential increased risk of suicide associated with the drug Paxil.
In 2010, Mr. Dolin was prescribed Paxil, the brand-name of the drug paroxetine manufactured by GSK, for the treatment of his depression. Mr. Dolin’s prescription was filled with a generic form of paroxetine manufactured by Mylan, Inc. While on paroxetine, Mr. Dolin committed suicide. Mr. Dolin’s widow brought suit alleging that Mr. Dolin’s suicide was a result of GSK’s failure to warn that Paxil was associated with increased risk of suicide in patients over the age of 24. Mrs. Dolin filed suit against Mylan and GSK in state court, but the matter was removed to the Northern District of Illinois by GSK. At trial, Mrs. Dolin advanced a new theory of liability where brand-name drug manufacturers, who have control over prescription drug formulas and labels, are held liable for injuries caused by taking generic forms of the drug, also known as innovator liability. After a jury awarded Mrs. Dolin $3 million in damages at trial, GSK appealed to the Seventh Circuit arguing Mrs. Dolin’s state law failure to warn claims were preempted by federal law and that GSK owed no duty of care since Mr. Dolin took a generic form of paroxetine rather than the brand-name drug, Paxil. The Seventh Circuit ruled that that GSK should not have been held liable since Mr. Dolin did not ingest the brand name prescription medication and because Mrs. Dolin’s state law failure to warn claims were preempted by federal law. More »
CYBER RISK CLIENT ALERT: The Circuit Split Continues When It Comes to Standing in Cybersecurity Litigation
U.S. Supreme Court Denies Cert in Recent Case in Which The D.C. Circuit Concluded That “Risk of Future Harm” Is Sufficient to Prove Standing
Federal Circuit Courts will remain split on what constitutes a “concrete injury” sufficient to establish standing in cybersecurity litigation after the Supreme Court recently denied certification of an appeal from the D.C. Circuit Court of Appeals in Attias v. CareFirst, Inc. On August 1, 2017, a three-judge panel in the D.C. Circuit issued a unanimous decision stating that the risk of future harm is sufficient to establish Article III standing in data breach cases. This decision serves as the latest ruling in a continued split among circuit courts across the nation. The District Court’s holding is now final, as the U.S. Supreme Court denied certification on February 20, 2018. More »
PROFESSIONAL LIABILITY CLIENT ALERT: Third-Party Litigation Financing Can Drive Up Case Settlement Value
A recent data study by researcher, Jean Xiao, JD/Ph. D, at Vanderbilt University Law School revealed the effects of the growing Consumer Litigation Finance industry on medical negligence cases. According to the study, the direct availability of litigation funding from investors to plaintiffs resulted in higher malpractice payments and extended the amount of time it took cases to settle. More »
- Green Development Risks
- A Question of Timing: Policy-Limit Demands and Insurer Bad Faith in Florida
- CUBI: Everything You Need to Know About Texas' Biometric Law and Beyond...
- Prejudgment Interest Starting as Early as the Time of Injury? At a Rate of 9% Interest? A Bill Sits on Illinois’ Governor’s Desk.
- Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?
- Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
- A National Approach to Biometric Privacy
- Illinois Appellate Court Says the Learned Intermediary Doctrine Does Not Shield a Device Manufacturer from Liability When a Doctor is Deceived About a Device’s Prior Testing and Suitability
- Remote Jury Selection by Video Conferencing
- Illinois Appellate Court Eliminates Key Defense to BIPA Claims
- Professional Liability
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- Social Media & Privacy
- Discrimination, Harassment & Hostile Workplace Claims
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- Medical Negligence & Healthcare Liability
- Pharmaceutical & Medical Device Litigation