13 Women Sue FBI for Bungling the Nasser Investigation

Pursuing law enforcement authority under USC 1983 or other Federal law is always an uphill climb for the plaintiffs but these young ladies and their counsel show the kind of grit and toughness necessary to give themselves the best possible shot. The facts look to support them as well. The claims are based largely on […]

Victim of New York Subway Shooting Sues Gunmaker Glock and Parent Company

While firearms manufacturers and dealers are shielded in part under the 2005 Protection of Lawful Commerce in Arms Act, which limits liability when their products are used in crimes, New York state passed a law last year designed to allow civil suits to be brought against the gun manufacturers. Unlike politicians, trial lawyers find ways to act […]

The Companies Making Billions Off The Opioid Epidemic Want You To Know They Are (Really) Sorrry (Really)

“While our intent was not to fuel the epidemic, we failed to recognize the broader context of what was going on in society around us,” said Bob Sternfels, who assumed his role as global managing partner leading the 38,000-employee firm in July 2021. “That’s why we have new protocols and policies in place to prevent […]

Lee Health Loves Damage Caps, But Only for Itself. Everyone Else Is Expected to Pay Full Freight.

The news is that two Florida public hospitals want in – at the last minute – on the State’s opioid lawsuit. They’re afraid they may get cut off from money available arising out of the opioid prescriptions filled out by their employees. Judge Denies Sarasota Hospital and Lee Health Motion Intervene in Opioid Settlement I’ve […]

What To Expect When You Come Between The Fortune 500 and Their Bottom Line

Marketing can cover a lot of warts. Meanwhile, in the real world, people behave in line with our experience and the incentives put in front of them, even where it conflicts with what we know to be right and wrong. From the NYT, Mr. Williams said a State Farm claims adjuster told him that she […]

Physician Liability for #OUD (Arguments in Ruan v. US)

Convicted doctors argued their appeal in the United States Supreme Court the other day. At issue are jury instructions given in their case and the standard imposed by the trial court. For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for […]

Normal Like You (More Opioid Fallout: Pharmacies Are Next On The List)

“Today, medical science recognizes That some folks aren’t helped by relaxing exercises. In cases of difficult tension, And nervous apprehension, Doctors are now prescribing medicine. It makes those who fear they’re about to quit Feel like they’re ready to begin. Bidding their darkened spirits goodbye For the calming peace of a cloudless sky.” Everclear, Ataraxia […]

Gimme Back My Bullets (The Beginning of the End for Gun Manufacturer Immunity?)

Maybe the worst example of special protections purchased by wealth and power is the National Rifle Association’s death grip on the national legislature over the last few decades: blocking any meaningful regulation of sales and passing federal legislation granting certain immunities from civil suit. Perhaps the timing is a coincidence, but as the NRA’s power, […]