Lawsuit Information Center

May 25, 2023

Shaq Ducking Service in FTX Lawsuit

When the cryptocurrency company FTX dissolved, many innocent investors lost millions. The FTX collapse prompted a class-action lawsuit by aggrieved investors. A number of high-profile celebrities and athletes, including Larry David, Tom Brady, and Steph Curry, have been named in the class-action lawsuit because they were paid spokespersons for FTX. Let’s point out from the beginning: it seems like a crazy stretch to sue these people.

One of the famous people named in the lawsuit is former basketball icon Shaquille O’Neal. Over the last several months, however, Shaq has allegedly been actively avoiding service of process attempts by attorneys representing the plaintiffs in the lawsuit. Brady, Curry, and the rest of the big-name defendants have all voluntarily accepted service in the case, but Shaq remained a deliberately elusive target for process servers, prompting some to call for a foul.

Update: The process server attended Game 4 by purchasing a ticket – which had to cost a fortune – and approached O’Neal while he was on the Inside the NBA set. Two lawsuits were served to him, with the second one relating to his Astrals NFT Project. It is alleged that O’Neal was not amused by the situation and had the process server removed from the arena, which is crazy.

May 24, 2023

New Jersey Lab Error Dismissal Reversed

by Ronald V. Miller, Jr.

In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey.

Facts of Cenni v. Lab Corp

The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. The plaintiff argued that due to this error, her cervical cancer diagnosis for years, by which time the cancer had already progressed to stage four.

May 17, 2023

Delaware Malpractice: Vicarious Liability Against Staffing Agency

by Ronald V. Miller, Jr.

In a recent malpractice opinion in Acree v. Bayhealth Med. Ctr., a Delaware Superior Court provides a ruling of interest to any Delaware medical malpractice lawyer looking to find more deep pockets that are vicariously liable for a health care provider’s care. In this case, the focus is on a staffing agency that provided an orthopedic surgeon to a hospital.

Facts of Acree v. Bayhealth Med. Ctr.

An orthopedic surgeon performed an arthroscopic procedure on a patient’s right knee at a medical center owned by Bayhealth. Complications and a post-operative infection arose after the surgery, which, the patient alleges, will necessitate a total knee replacement.

May 15, 2023

Idaho Malpractice Plaintiffs Get New Trial

by Ronald V. Miller, Jr.

In an Idaho medical malpractice case, a couple, the Beebes, have challenged a jury verdict in favor of Northwest Specialty Hospital. The court found that the trial judge misinstructed the jury about proximate cause and improperly dismissed a wife’s loss of consortium claim prior to trial and ordered a new trial.

May 14, 2023

Asbestos Companies and the Corporate Cover-Up

by Ronald V. Miller, Jr.

Today, asbestos is universally recognized as a highly toxic substance. But just a few decades ago, asbestos was one of the most widely used materials in the U.S. It was used as a building material and the base ingredient for thousands of products. Sadly, this proliferation of asbestos resulted in the biggest man-made epidemic in history which claimed countless lives.

The scale of the human tragedy caused by asbestos could have been significantly reduced if the companies that mined and sold asbestos and asbestos-based products had not denied and concealed the true danger of asbestos from the American public.

If you or someone in your family has been impacted by asbestos-related diseases such as mesothelioma, you can get financial compensation from these companies by filing an asbestos lawsuit. Contact our asbestos lawyers today.

May 4, 2023

SSRI Malpractice Lawsuit Appellate Opinion in Idaho

by Ronald V. Miller, Jr.

In a new Idaho Supreme Court case, the court issued an important ruling in a medical malpractice case as to whether a section of the Idaho Tort Claims Act (ITCA) shields the state and its employees from liability. The case also gives us a good look into SSRI malpractice lawsuits in 2024.

Example Idaho settlement amounts and jury payouts
Another 2023 Idaho Supreme Court medical malpractice opinion in Beebe v. Northwest Specialty Hospital

May 2, 2023

Vermont Clergy Sex Abuse Lawsuit

by Ronald V. Miller, Jr.

Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars.

Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar revelations in other parts of the United States. Survivors of abuse, many of whom had carried their burdens in silence for years, were inspired to heroically speak out. The Church was accused not only of harboring abusive clergy but also of systematically covering up their misconduct.

Sex abuse lawsuits in Vermont

May 1, 2023

Nursing Home Arbitration Agreements in Kentucky

by Ronald V. Miller, Jr.

Are wrongful death beneficiaries bound by an arbitration agreement when bringing a wrongful death claim? This issue has been batted around now in so many jurisdictions. Today, it was Kentucky’s turn.

Facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors

The facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors are simple. A son takes his mother to a nursing home in Greenville, Kentucky, owned and operated by the plaintiffs, both out-of-state companies. Before admission, the district court appointed the son as the woman’s guardian, granting him limited power to agree to contracts and execute instruments on her behalf.

May 1, 2023

New Iowa Certificate of Merit Appellate Opinion

by Ronald V. Miller, Jr.

The Iowa Supreme Court issued an interesting opinion Estate of Butterfield v. Chautauqua Guest Home, Inc. addresses Iowa’s five-year-old certificate of merit requirement in medical malpractice lawsuits.

April 25, 2023

New Georgia Supreme Court Opinion on Wrongful Death Statute

by Ronald V. Miller, Jr.

In Hamon v. Connell, the Georgia Supreme Court was presented with an interesting question: can an adult child bring a wrongful death lawsuit if the widow refuses to bring a claim?

Facts of Hamon v. Connell

The petitioner is the only surviving child of the decedent. She brought a medical malpractice lawsuit alleging she is entitled to compensation for the wrongful death of her father under O.C.G.A 51-4-2, the Georgia wrongful death statute. Her father was married at the time of his death but had been separated and estranged from his spouse. The estranged spouse did not file a wrongful death claim on behalf of her husband due to their separation, which prevented the petitioner from accessing the court to file her claim. Therefore, the petitioner had to bring the claim herself to prevent it from being time-barred by the two-year statute of limitations.