Personal Injury & Medical Malpractice

  • March 03, 2025

    Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case

    The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.

  • March 03, 2025

    Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial

    The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.

  • March 03, 2025

    Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K

    A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.

  • March 03, 2025

    Wrongful Death Claims Go Ahead In Social Media MDL

    A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.

  • March 03, 2025

    ICE Contractor Loses Immunity Bid In Family Separation Suit

    A California federal judge Monday largely denied a U.S. Immigration and Customs Enforcement contractor's attempt to escape litigation that a father and son brought against the transportation company for its role in a policy that separated them and thousands of other immigrant families during the first Trump administration.

  • March 03, 2025

    Insurer Says It's Off The Hook In Construction Site Injury Suit

    State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.

  • March 03, 2025

    Insurer Doesn't Owe Spine Surgery Suit Defense, Judge Says

    An insurer has no duty to defend or indemnify an orthopedic treatment center or one of its surgeons in a suit over a botched spine surgery, a Georgia federal court ruled Monday, saying the policy bars coverage for claims reported to another insurer before its effective date.

  • March 03, 2025

    Insurer Seeks Exit After Doctor Rejects Mistaken Surgery Deal

    An insurer for a doctor accused of performing the wrong surgery should no longer have a duty to indemnify him after his refusal to ink a settlement, the carrier told a California federal court, noting the doctor's underlying counsel already obtained settlement authority from the insurer.

  • March 03, 2025

    NYT Seeks To Ax Baldoni's 'It Ends With Us' Defamation Suit

    The New York Times urged a New York federal court to toss defamation claims made by Justin Baldoni over the news organization's coverage of the "It Ends With Us" actor-director's legal battle with Blake Lively over the actress's sexual harassment complaints, saying it is legally protected reporting and opinion made without malice.

  • March 03, 2025

    Countertop Co. Demands Insurer Cover Over 100 Injury Suits

    A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.

  • March 03, 2025

    Pa. Supreme Court Snapshot: Negligence Damages Caps

    The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.

  • March 03, 2025

    NJ Law Firm Must Pay Fees To Rival Firm For 'Frivolous' Suit

    Nagel Rice LLP must pay over $40,000 in attorney fees to Blume Forte Fried Zerres & Molinari stemming from a dispute over work related to a fatal school bus crash, a New Jersey judge has ruled.

  • February 28, 2025

    J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial

    A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.

  • February 28, 2025

    Sterilization Plant Head 'Shocked' By EPA Cancer Risk Report

    The former manager of a Colorado medical sterilization plant testified Friday that he was "shocked" by a 2018 Environmental Protection Agency report that identified the area around the facility as having an increased cancer risk, telling a jury that no regulatory agency until that point had informed him a sterilization chemical might be a risk to the community.

  • February 28, 2025

    Ex-USF Ballplayers In Uphill Battle For Sex Harassment Cert.

    A California federal magistrate judge said Friday she is unlikely to certify a class of potentially hundreds of ex-University of San Francisco baseball players in a case alleging that former coaches created a sexually abusive environment, but agreed to hold her decision to review additional information on the claims.

  • February 28, 2025

    Ga. Can Cap Wrongful Death Damages, US Chamber Says

    The U.S. and Georgia chambers of Commerce have urged the Supreme Court of Georgia to find that its 2010 decision striking down a $350,000 cap on noneconomic medical malpractice damages as unconstitutional should not prevent the court from allowing a similar cap in wrongful death claims.

  • February 28, 2025

    Ex-Iranian Intel Official Accused Of Torture In Fla. Suit

    A former top Iranian intelligence official was accused of human rights abuses in a Florida federal lawsuit brought by three California men, alleging he played a major role in maintaining the deposed shah's repressive regime through the arrest, mass torture and imprisonment of perceived political dissidents.

  • February 28, 2025

    Calif. Justices Revive Yacht Club Worker's Injury Suit

    The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

  • February 28, 2025

    Up Next At High Court: Gun Violence Liability & Nuclear Waste

    The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.

  • February 28, 2025

    Galaxy Gas Hides A Dangerous Buzz, Class Action Says

    Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."

  • February 28, 2025

    Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit

    In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.

  • February 28, 2025

    Litigant Funding Co. Has No Claim To NFL Concussion Deal

    A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.

  • February 28, 2025

    Insurer Says No Coverage For Lil Baby Video Shooting Suit

    An insurer said it has no duty to defend or indemnify a security contractor accused of failing to provide adequate services after a shooting broke out during the filming of a music video for rapper Lil Baby, telling a Georgia federal court a number of exclusions bar coverage.

  • February 28, 2025

    Frontier Communications Must Face Suit Over Woman's Death

    Frontier Communications of America Inc. must face a lawsuit by the estate of an elderly Connecticut woman who fell in her basement and could not call 911 because her phone lines were down, a Putnam trial court judge has ruled.

  • February 28, 2025

    Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit

    Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.

Expert Analysis

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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