HB Tort Notes Archives

Million-Dollar Settlement in Employee Background Check Case, Top Class Actions Reports

April 11th, 2019|Categories: Class Actions, Employment, HB Risk Notes, HB Tort Notes, Technology Law|Tags: Compliance, Data Privacy, Healthcare, Protected Personal Information (PPI)|

"Job applicants have secured a $1.2 million settlement ending allegations that Maxim Healthcare did not properly inform potential employees that they would have a consumer report pulled as part of the application process. Class Members include those who applied and got a job with the healthcare services company between May 5, 2009 and Aug. 27, 2012, who were also subject to a consumer report check by Maxim. The Maxim Healthcare class action lawsuit claimed that Maxim violated federal consumer privacy protections when procuring employee background checks."

Attorney General Ferguson of Washington Sues State’s Top Opioid Distributers

March 20th, 2019|Categories: Class Actions, Emerging Litigation & Risk, HB Risk Notes, HB Tort Notes, Mass Torts|Tags: Drug Laws, Drugs & Devices, Healthcare|

“We are woefully under-resourced when it comes to treatment. The people who are responsible for this epidemic should being paying for it. We are going to hold these companies accountable and get more money into our communities for treatment.” --Washington AG Bob Ferguson The three largest distributors of prescription opioids in Washington State are being sued by Attorney General Bob Ferguson for fueling the state's opioid epidemic. Detailed in Ferguson's King County lawsuit are the billions of dollars made from these suspicious shipments of over 2 billion pills of unregulated oxycodone, fentanyl, hydrocodone and other opioids. "Prescriptions and sales of opioids in Washington skyrocketed more than 500 percent between 1997 and 2011. In 2011, at the peak of overall sales in Washington, more than 112 million daily doses of all prescription opioids were dispensed in the state — enough for a 16-day supply for every woman, man and child in Washington," according to the AG's announcement. "In 2014 McKesson, Cardinal Health and AmerisourceBergen shipped enough opioids to Pend Orielle County to supply every single resident with dozens of pills. In 2009, McKesson alone supplied enough for dozens of pills for every resident of the county. The specific shipment numbers are currently under seal." The accused distributors are in the top 15 Fortune 500 list based on 2017 revenue. In addition to the [...]

Two Judges Find Florida Medical Marijuana Law Unconstitutional

January 4th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: Cannabis, Compliance, Corporate & Securities, Emerging Litigation & Risk, Regulations|

The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and [...]

Stigma and Shame Hampered AIDS Treatment in the 80s, and Opioid Treatment Today

January 2nd, 2019|Categories: Class Actions, HB Risk Notes, HB Tort Notes, Insurance|Tags: Healthcare, Healthcare Fraud, Insurance, Liability Claims|

By Tom Hagy I worked in the press office of the New Jersey Department of Health in the 1980s. Aside from hazardous waste, asbestos, cancer, a chemical fire or two, the annual influenza "crisis" and the occasional salmonella outbreak, AIDS was one of the most urgent, frightening and misunderstood health issues of the day. The U.S. epidemic began with one reported case in 1981, according to the Centers for Disease Control, and grew to an astounding 36.9 million people living with HIV/AIDS in 2017 as reported by the World Health Organization. The office I worked in was tasked with providing information to the public and members of the press. At the time many public health professionals believed -- as is the case with many diseases -- that education on how to prevent transmission of the HIV virus would all but eliminate its spread. All we had to do was educate the public and, most importantly, the high-risk groups. Education is a common weapon in fighting disease. It's why we wash our hands, cough into our elbows and try not to put salt on absolutely everything we put in our mouths. In the early 1980s the "problem" was that the high-risk groups were having homosexual sex and injecting drugs -- not typical themes addressed by politicians. Early on more conservative policymakers didn't [...]

VW Emissions Case: Dealers to File Cert Motion in March 2019

December 29th, 2018|Categories: HB Tort Notes|

PFOA: Science & Litigation | 11/15/2018

October 21st, 2018|Categories: CLE OnDemand, Complex Business Litigation, Environmental Torts, HB Tort Notes|Tags: Risk Management, Scientific & Medical Studies|

[one-third-first] DATE: Nov. 15, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer or mobile device PRICE: $197* per dial-in site *Price is good through Oct. 31. After that it's $247. GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com speakers Michael Dourson, Ph.D., DABT, FATS, FSRA Director of Science Toxicology Excellence for Risk Assessment (TERA) Register now and get: Access for multiple colleagues at your location. Practical insights from a board-certified toxicologist. A through and informative PowerPoint presentation for later reference. Answers to your questions via live chat. CLE credit. And more! [/one-third-first] [two-thirds] PFOA Toxicology: What's a Safe Level for the Environment? What toxic tort and environmental attorneys need to know about this ubiquitous compound. Perfluorooctanoic acid (PFOA) has been described as more toxic than methyl mercury. Yet not all organizations tasked with developing safe-dose levels agree on the best approach for PFOA, resulting in recommended levels that are more than 100-times apart. Differences in these recommended safe-dose levels result in cleanup costs that vary by billions of dollars. Background Environmental contamination with PFOA has been known for some time. In the early 2000s safe doses in drinking water were considered to be in the range of 30-to-50 parts per billion. Recent safe-dose assessments by EPA, [...]

Kenneth Jones of Tanenbaum Keale on Law Firm Tech Development Capabilities

October 16th, 2018|Categories: Corporate Compliance, HB Risk Notes, HB Tort Notes, Technology Law|Tags: Compliance, Cybersecurity, Law Practice Technology, Legal Tech|

Should Law Firms Should be Able to Develop Custom Technologies? Here is #10 of Jones' Top-10 List. #10. Security. The cloud is great, and generally speaking, companies in this space operate systems in a highly professional manner. However, occasionally one encounters special business needs which call for extensive “above and beyond” levels of security. This could be times a firm is storing financial information, medical records, or other data they wish to absolutely, positively protect. In these situations — under the theory that “no one does things better than I do” —it’s nice to have the option to build super-secure systems with features such as encrypted data within database tables, and to manage the systems with a very small number of highly trusted professionals specifically known by the law firm. Read more of the article posted by Thomson Reuters. Kenneth Jones oversees various aspects of technology at Tanenbaum Keale LLP in the role of Chief Technologist. He leads efforts to support TK’s computing environment and infrastructure, one that features a strategy of professionally protecting and processing client data in the cloud with highly skilled and respected leading-edge business partners in the technology space. Ken also helps lead and support various TK programs in the areas of security, compliance, business continuity and firm administration. Learn more.

Cognitive Shortcuts: Assessing Case Value & Litigation Risk with Homer Simpson and Spock

September 11th, 2018|Categories: Complex Business Litigation, Environmental Torts, HB Tort Notes|Tags: Alternative Dispute Resolution (ADR), Arbitration, Emerging Litigation & Risk, Mediation, Risk Management, Toxic Torts|

By Jeff Trueman, Esq. Mediator The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, “What’s the case worth?” Although lead paint litigation may be going through some changes, it remains a mature tort where enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one another and resolve factual discrepancies after closing arguments. This assumption is a “heuristic” – a cognitive shortcut called attributional error or illusion of control. Underneath the games of litigation “chicken” that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk. Although more than one hundred heuristics exist, approximately 15-20 occur commonly in the context of settlement negotiations. It is easy for potential clients to employ a heuristic similar to the illusion of control by imagining a connection between something they desire, such as a favorable case outcome, and the past successes of their prospective lawyer. Representative and confirmation biases influence how we connect “model” to “outcome.” When differences over case value intensify, litigators return to threats [...]

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: CLE OnDemand, Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Claims management, Lien Resolution, Settlements|

[two-fifths-first] Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims [...]

Alliance of Women Trial Lawyers | First Fall Conference 2018 | Oct. 27-29, 2018 | New Orleans

August 31st, 2018|Categories: Employment, HB Tort Notes, Law Firm Operations|Tags: Diversity Equity Inclusion (DEI), Labor Law, Law Practice Management, Professional Liability|

[one-third-first] Contact Nancy Holston Founder Alliance of Women Trial Lawyers nancy@awtriallawyers.com DETAILS When Oct. 27-29, 2018 Meeting Venue Ritz-Carlton New Orleans LEARN MORE REGISTER Prices The Alliance is all about women helping women so they're offering discounts to anyone who brings a law student, clerk, or first year associate to the conference with them. 1st and 2nd Attendee: $895/Attendee 3 or more Attendees from same firm: $795 each 1 Attendee with Guest (Law Student, Clerk or 1st Year Associate): $1,295 for Attendee and Guest More than 5 Attendees please fill out their Contact form or call Nancy Holston at 850-304-9674 for more information To Register by Check: Click here for Payment by Mail Registration Form. [/one-third-first] [two-thirds] New Alliance of Women Trial Lawyers Announces First Event in New Orleans Congratulations to Nancy Holston on the formation of the Alliance of Women Trial Lawyers. HB is proud to support this group and a mission that is dear to our hearts -- promoting the careers of women professionals. Nancy has been successful at building events for plaintiff attorneys -- some you may have probably attended! -- and it's great to see her strike out on her own to develop something she believes in. Take a minute to learn more about the AWTL, and see who is speaking at their first event. AWTL Vision To create a community that inspires [...]

HB Announces Alliance with Alliance of Women Trial Lawyers

August 28th, 2018|Categories: HB Tort Notes, Law Firm Operations, Mass Torts|Tags: Emerging Litigation & Risk, Law Practice Management, Trial, Trial Skills|

We are proud to announce our latest alliance with a new trial attorneys group just for women on the plaintiff side of tort litigation. Founded by plaintiff law conference veteran Nancy Holston, the Alliance of Women Trial Lawyers is committed to empowering these professionals, helping them to overcome "systematic obstacles and to realize greater self-sufficiency and wholeness through support, acknowledgement and utilization of dormant, yet innate strengths." Before founding the Alliance in July 2018, Nancy was a principal at 360 Advocacy and before that the first Executive Director of Mass Torts Made Perfect. Nancy is well-connected in the plaintiff bar and is excited by the initial reaction to her new venture. Nancy is equally inspired by the feedback she is getting for the Alliance's first national conference which will be held from Saturday, Oct. 27th through Monday, Oct. 29 at the Ritz-Carlton in New Orleans. The program features many of the leading women trial attorneys in the country and a range of topics on practice development, litigation strategy, preparing witnesses, jury selection, deposition skills, direct examination, opening arguments and ethical issues involved in settlements. "I admire anyone who takes a risk to do something they believe in, and Nancy has demonstrated both enthusiasm and commitment to improving the professional lives -- and personal lives, for that matter -- of women who represent plaintiffs in mass [...]

Oracle Health Sciences on Pharmacovigilance and Artificial Intelligence

August 22nd, 2018|Categories: Complex Business Litigation, HB Risk Notes, HB Tort Notes, Technology Law|Tags: Artificial Intelligence (AI), Biotechnology, Data Analytics, Data Privacy, Life Sciences|

"The potential to use artificial intelligence methods increasingly for the analysis of the increasing amounts of pharmacovigilance data is well understood and many companies are moving (or planning to move) there, and we can predict that routine tasks in pharmacovigilance will in the future be increasingly automated. It will be crucial, however, for regulatory authorities to very clearly provide a position about the use of AI as well as the acceptable level of quality from AI applications. But in parallel with the shaping of those definitions, given the massive increase in their AE case workloads that most companies are currently experiencing, the industry will out of necessity proceed swiftly with the adoption of AI and cloud technologies to reduce their costs and increase their efficiencies. "Like other industries, the pharmaceutical business and in particular the pharmacovigilance field will see a massive change in their processes in the near future, away from tedious, repetitive manual tasks towards a better utilization of scarce resources, in particular medical and scientific knowledge, for value-adding tasks. It is imperative for all stakeholders – industry, service providers and regulators – to provide an environment in which such a transformation can take place without ever compromising public health or the safety of the individual patient, and ideally providing additional benefit for patients." A quote from Addressing the Data [...]