Enjuris Briefs: Weekly Personal Injury Highlights

Happy Friday! ?? Welcome to this week's edition of Enjuris Briefs. Our team of dedicated attorney editors has hand-selected the most notable—and notably amusing—personal injury stories from the past week.

Top Legal Stories

Court Rules No Insurance Coverage for STD Contracted During Car Sex

A woman who contracted human papillomavirus (HPV) after having sex in her partner's car will not receive damages from her partner's auto insurance policy, the 8th U.S. Circuit Court of Appeals ruled on August 2.

M.O. and her partner, Martin Brauner, argued that the policy's language regarding bodily injury and property damage should apply to her situation. However, the court determined that a reasonable person would interpret the policy's "arising out of" clause to unambiguously modify both injury and damage claims, rejecting their interpretation.

Additionally, the court found no causal connection between the use of the vehicle and the transmission of HPV, distinguishing this case from a 1995 Kansas Supreme Court ruling involving a shotgun injury during a hunting trip. The court emphasized that the car was merely the location of the sexual encounter and not directly related to the injury, leading to the denial of coverage and affirmation of the lower court's decision.

Law Firm Financial Health Sees Significant Resurgence in Q2 2024

The latest Law Firm Financial Index from the Thomson Reuters Institute reports a notable resurgence in the financial health of law firms during the second quarter of 2024. Major practice areas experienced growth, with litigation, bankruptcy, and labor and employment practices seeing increases of 3.4%, 2.4%, and 2.2%, respectively.

Overall, the demand for legal services increased by 2.4% compared to the same period last year, with negotiated rates rising by 6.6%. Productivity showed a positive gain for the first time since Q4 2021, contributing to an increase in the Law Firm Financial Index score to 67, its third-highest level since the 2007-2008 financial crisis. According to Thomson Reuters, this indicates that firms are now in a more sustainable position compared to previous peaks.

Family Sues OceanGate for $50M Over Titanic Expert’s Death in Sub Implosion

The family of Paul-Henri Nargeolet, a renowned French diver and Titanic expert, is seeking $50 million in a wrongful death lawsuit filed against OceanGate following his death in the implosion of the Titan submersible last year. The suit, filed in Washington state court, accuses OceanGate of "gross negligence" and prioritizing innovation over safety in the sub's design.

Nargeolet's estate claims that the company's reckless approach directly led to the tragic implosion that killed Nargeolet and four others during their descent to the Titanic wreck. The lawsuit also targets the estate of OceanGate co-founder Stockton Rush, who perished alongside Nargeolet.

Despite the passengers signing waivers intended to shield OceanGate from negligence claims, experts suggest that such waivers may not protect against accusations of gross negligence.

Nargeolet, dubbed "Mr. Titanic," was the leading authority on the Titanic wreckage, with a career spanning dozens of dives to the site and leading the first recovery expedition in 1987.

Erin Brockovich Attorney Tom Girardi Faces Trial for $15 Million Client Fraud

Tom Girardi, the famed attorney known for his role in the Erin Brockovich case, is on trial for allegedly embezzling $15 million from his clients. The trial began Tuesday in a Los Angeles federal courtroom, marking the latest chapter in Girardi’s fall from grace. Prosecutors accuse the 85-year-old of using his clients’ settlement funds to support a lavish lifestyle and his estranged wife’s entertainment career.

Assistant U.S. Attorney Scott Paetty stated, “Girardi lied to his clients, stole from them, violated their trust, broke the law.” The funds in question were meant for clients facing personal tragedies, such as a burn victim, yet Girardi allegedly misused these funds for personal gain.

Girardi’s defense, led by Deputy Federal Public Defender Samuel Cross, claims that Girardi was a victim of his firm’s CFO, Christopher Kamon, who allegedly stole over $50 million. Cross argued that Girardi, suffering from progressive dementia, was unaware of the thefts and was trying to keep his firm afloat.

The trial will delve into the complexities of the firm’s financial operations and Girardi’s cognitive decline, with both sides presenting evidence to support their claims.

Amusing Legal Story

Texas Adoption Attorney Accused of Attempting to Buy Babies from Pregnant Inmates

Texas adoption attorney Jody Hall faces two felony counts of sale or purchase of a child, each carrying a potential 10-year prison sentence. Hall, a Texas Tech University School of Law graduate and founder of Adoptions International, Inc., is accused of placing money in the commissary accounts of pregnant inmates to coerce them into relinquishing their babies for adoption.

According to arrest records, Hall communicated with inmates, offering financial support and promising additional payments. In one instance, she placed $846 in an inmate’s account and continued to discuss the adoption process, pressuring the inmate to have her boyfriend relinquish parental rights. When the inmate did not comply, Hall allegedly accused her of scamming and threatened to inform the prosecutor.

Hall approached another inmate with a similar proposition, offering $100 weekly and promising an additional $2,500 for her baby. Authorities state that the payments Hall made do not comply with Texas law, which only permits adoptive parents to cover medical and housing expenses, as the women were in jail at the time.

Quote of the Week

“Help! I’ve been body snatched!” - Attorney Matthew Weidner

St. Petersburg attorney Matthew Weidner was shocked to discover his name and Florida Bar number used without permission in an AI-generated court filing. Weidner, who specializes in foreclosure actions and civil litigation, filed an unlicensed practice of law complaint with The Florida Bar and reached out to the media to raise awareness.

“Help! I’ve been body snatched!” Weidner quipped. He explained that his name appeared in pleadings for an eviction case he had no involvement in, which prompted a motion for sanctions against the defendant for fraud. “This is outrageous, and we’re going to see more and more of it,” Weidner warned.

The misuse of Weidner’s information was attributed to a "simple cut-and-paste mistake" by a litigation services company using generative AI, which had copied his previous work from an unrelated case. Weidner highlighted the incident as a cautionary tale about the growing risks of AI in legal practice, urging thorough review of AI-generated documents before court submission.

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