Personal Injury & Medical Malpractice

  • February 11, 2025

    Faulty 'Harry Potter' Ride Crushed Grandma's Spine, Jury Told

    A woman known in her family as the "adventure grandma" was horribly injured at Universal Studios Hollywood on a "Harry Potter" ride, a California federal jury was told Tuesday during opening statements of a trial over allegations the ride's poor design and employee negligence resulted in her spine being crushed.

  • February 11, 2025

    SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims

    The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.

  • February 11, 2025

    SC Justices Question Receivership Orders In Asbestos Row

    The South Carolina Supreme Court on Tuesday appeared to agree with a trial court's imposition of sanctions against two Canadian companies found to disobey discovery orders in asbestos injury lawsuits, but questioned whether the judge's corresponding appointment of a receiver over their insurance assets was premature.

  • February 11, 2025

    Alaska Airlines Sued Over Alleged In-Flight Sexual Assault

    A passenger has sued Alaska Airlines seeking to recover damages in the wake of an alleged sexual assault aboard a 2023 flight from Seattle to Honolulu, according to a complaint filed in Washington state court.

  • February 11, 2025

    Monsanto Loses Attempt To Overturn $1.25M Roundup Award

    A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.

  • February 11, 2025

    Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit

    Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.

  • February 11, 2025

    Monsanto PCB Appeal Seems To Divide Wash. High Court

    Thorny choice-of-law issues seemingly divided the Washington State Supreme Court during oral arguments Tuesday, with one justice suggesting that the teachers who brought suit are relying on "forum-shopping" to reinstate a $185 million win against Monsanto, and another saying the company's stance violates state law intended to hold corporations accountable for harming citizens.

  • February 11, 2025

    Colo. Justices Mull Statute's Silence In Med Mal Cap Debate

    The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.

  • February 11, 2025

    No Prison For Firm Manager Who Aided Feds' No-Fault Bust

    A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.

  • February 11, 2025

    Feds Seek $55K In Restitution In VA Doc Sex Abuse Case

    Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.

  • February 11, 2025

    Lapsed Atty License Adds Twist In Ex-Ariz. Cardinals VP's Suit

    A hearing this week on the Arizona Cardinals' bid to send the dispute over the alleged defamation of their former vice president to arbitration might not take place, after the judge overseeing the case pointed out that the plaintiff's lead attorney was not licensed to practice in the state.

  • February 11, 2025

    Conn. High Court Won't OK Claims Of Relational Loss Of Child

    The Connecticut Supreme Court ruled Tuesday that state law does not recognize a cause of action for loss of filial consortium, answering a question from a federal judge who was overseeing a product liability case against Target Stores Inc. and the maker of an infant car seat that caught fire, severely injuring a baby.

  • February 11, 2025

    Insurer Says $641M Deal Over Tainted Flint Water Not Covered

    An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.

  • February 11, 2025

    Eaton Fire Victim Wants Sanctions Against SoCal Edison

    A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.

  • February 11, 2025

    Insurer May Need To Pay Landlord Row Atty Fees, Panel Says

    A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.

  • February 11, 2025

    Ex-Client May Not Appeal Morgan & Morgan Arbitration Order

    A former Morgan & Morgan PA client may not pursue legal malpractice claims against the firm in Georgia federal court, a judge ruled Tuesday, upholding an earlier order sending the matter to arbitration.

  • February 11, 2025

    Mass. High Court Rejects Karen Read Double Jeopardy Claim

    Karen Read, the Massachusetts woman whose murder case garnered national attention and resulted in a mistrial, failed to convince the state's highest court Tuesday to throw out two counts that jurors had purportedly voted to reject.

  • February 10, 2025

    Injury Attys Admit 'Embarrassment' Of AI-Hallucinated Cites

    Morgan & Morgan PA and the Goody Law Group expressed "great embarrassment" Monday when they told the Wyoming federal judge overseeing a personal injury lawsuit against Walmart over an allegedly defective hoverboard that the pretrial motions they filed did, indeed, contain case law hallucinated by artificial intelligence.

  • February 10, 2025

    Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial

    Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.

  • February 10, 2025

    Atty Accused Of Impeding Model In Fla. NFL Player Injury Suit

    An OnlyFans model has urged a Florida state court to prevent an attorney for a Miami Dolphins wide receiver from attending a second deposition of the football player, saying the lawyer hasn't lawfully appeared in the case and is improperly interfering in the personal injury lawsuit.

  • February 10, 2025

    Jury To Look At Ford's Wealth When Setting Punitive Damages

    A Georgia federal jury will be allowed to look at Ford's wealth and the profits it made off the allegedly defective F-250 Super Duty pickup truck when considering punitive damages in a fatal rollover wreck that killed a couple, a judge ruled, saying it's "common sense" information that a jury needs if it chooses to "punish" Ford.

  • February 10, 2025

    Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal

    Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.

  • February 10, 2025

    Apple Says Child Porn Detection Suit Can't Stand

    Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.

  • February 10, 2025

    Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid

    The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.

  • February 10, 2025

    Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M

    An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.

Expert Analysis

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

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