Litigators Gear Up for Post-Pandemic Personal Injury Suits: The Morning Minute
The news and analysis you need to start your day.
July 02, 2021 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
DANGEROUS ENCOUNTERS - The lifting of pandemic restrictions across much of the country and the resultant increase in human interaction is a welcome development for most after such a long period in isolation. But, as we examine in this week's Law.com Litigation Trendspotter column, trial lawyers say a rise in personal injury litigation, from medical malpractice to motor vehicle accidents and road rage incidents, is "inevitable" with so many people out and about. I'm interested to hear what you think: what types of personal injury claims do you expect to increase as life gets back to something resembling the pre-pandemic normal? Let me know at [email protected] and I'll feature your feedback in a follow-up column.
THINKING SMALL - "Innovation"—it's one of those buzzwords that gets bandied about so much that it simultaneously means everything and nothing. In the legal tech sphere, it's a word that brings to mind futuristic visions of robot judges presiding over cases from hovercrafts while wearing those curly white wigs atop their shiny chrome heads… OK, is that just me? The point is, we often think of legal tech advancements as cutting edge inventions pushing us toward some futuristic landscape, but, as Law.com's Zach Warren writes in this week's Barometer newsletter, law firms are currently directing their tech budgets toward more modest and practical goals. Warren notes that the past 15 months have shown many firms the flaws in their tech infrastructures, diverting their attention from chasing the "next big thing" in legal tech. "The cracks that the pandemic revealed … weren't necessarily client-facing, bet-the-company types of issues," Warren writes. "Instead, law firms found that small processes were the ones that needed changing, particularly those small issues that become exacerbated by working remotely." To receive the Law.com Barometer directly to your inbox each week, click here.
RAIL AGAINST THE GOVERNMENT - Can red tape stop a speeding train? Hogan Lovells and Snell & Wilmer sued Grand County, Utah on Thursday in Utah District Court on behalf of American Rocky Mountaineer, a new luxury rail venture currently selling tickets for its 2021 season. The complaint seeks a declaration that Grand County's licensing and permit process for the rail service is preempted by federal law. Counsel have not yet appeared for the defendant. The case is 4:21-cv-00072, American Rocky Mountaineer v. Grand County State of Utah. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
|- Talking Trendspotter: How Can Law Firms Prove They Actually Care About Mental Health? Be Honest About When They Don't By Zack Needles
- 'Heavy Hitters': Meet the Team Representing the Man at the Heart of Trump Org Indictments By Tom McParland
- How I Made Partner: 'Do Your Best, Never Give Up, and Never Compare Yourself to Others,' Says Jennifer Huelskamp of Freeborn & Peters By Tasha Norman
- Higher Law: Clarence Thomas Blasts Federal Pot Policy | NJ v. NY on Recreational Use | Georgia Warns Cannabis By Cheryl Miller
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WHILE YOU WERE SLEEPING
CALLED HOME - Recently, Law.com's Andrew Maloney reported on the phenomenon of "boomerang" associates: those who jump ship from one firm to join a competitor only to be lured back by the previous firm in short order. Maloney's article focused on the intense competition for corporate associates in the white-hot U.S. lateral hiring market. But given that boomerangs were invented in Australia (look it up), it's only fitting that we'd see a similar scenario play out on the continent. Only in this case, it involves a seven-lawyer insurance team that includes a partner and three senior associates. As Law.com International's Simon Lock reports, Clyde & Co has reclaimed the team, led by insurance partner Tim Searle, from local Australian firm Wotton + Kearney, less than two years after the majority left to join Wotton. Commenting on his return, Searle said in a statement: "Re-joining Clyde & Co feels like a homecoming and I am excited to be returning to a leading global firm where I built my practice and developed my expertise over many years."
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WHAT YOU SAID
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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