Personal Injury & Medical Malpractice

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Insurers Must Defend Well Driller In Lead Contamination Suit

    Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.

  • July 23, 2024

    Jerry Jones Strikes Midtrial Deal With Alleged Daughter

    Dallas Cowboys owner Jerry Jones agreed to fulfill his remaining financial obligations to a 27-year-old woman who claims to be his daughter under a settlement reached Tuesday during a Texas federal trial over his claims that she violated their agreement by suing him in state court.

  • July 23, 2024

    Firm Says Rival's Trademark Merely 'Common Spanish Phrase'

    A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."

  • July 23, 2024

    Golf Club Escapes Bartender's Sex Bias, Retaliation Suit

    An Arizona golf resort fired a beverage cart server for repeated attendance issues, not because she complained that a customer had tried to rip off her skirt, a federal judge ruled in ending the lawsuit.

  • July 23, 2024

    Sig Sauer Says $2.35M Verdict Result Of 'Passion & Prejudice'

    After a Georgia jury hit gunmaker Sig Sauer Inc. with a $2.35 million verdict last month over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, the company filed a slew of motions Monday saying the judgment should be tossed or, at the least, cut down in size.

  • July 23, 2024

    Disney Cruise Can't Pause Suit As It Awaits Arbitration Ruling

    A Florida federal judge won't let Disney Cruise Line postpone filing a required case management report until after the court rules on the company's pending motion to compel arbitration in a case over an ex-employee who was fired for testing positive for marijuana use.

  • July 23, 2024

    Secret Service Chief Out Amid Trump Rally Shooting Probes

    U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

  • July 22, 2024

    'Bully' Jerry Jones Rips Alleged Daughter As Driven By Greed

    Counsel for Dallas Cowboys owner Jerry Jones told a Texas federal jury Monday that a 27-year-old woman who claims Jones is her biological father was motivated to violate an agreement out of greed, while the defense painted Jones as a "bully" who wanted to keep his out-of-wedlock paternity a secret from his "real family."

  • July 22, 2024

    Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit

    The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.

  • July 22, 2024

    Tesla's Autopilot Caused Calif. Man's Fatal Crash, Family Says

    The family of a Fresno, California, man who died following a car crash last year says Tesla Inc.'s Autopilot system is to blame, according to a wrongful death suit filed in Santa Clara County Superior Court.

  • July 22, 2024

    Michigan's Cases To Watch 2024: A Midyear Report

    Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.

  • July 22, 2024

    Mich. Justices Say Fired Safety Whistleblowers Can Sue

    Michigan's highest court revived a former Fiat Chrysler employee's lawsuit against the automaker Monday, saying that occupational safety laws don't preempt his claims that he was fired because he raised concerns about potential asbestos at his jobsite.

  • July 22, 2024

    Judge Tosses DHS Expert's Defamation Suit Against Fox

    Fox News Network LLC and Fox Corp. on Monday escaped a defamation lawsuit from the onetime head of the Biden administration's ill-fated counter-disinformation agency, with a federal judge in Delaware finding she failed to "plausibly allege" the alleged defamatory statements were untrue.

  • July 22, 2024

    Ex-NFL Player Urges High Court To Hear Benefits Dispute

    A former NFL player urged the U.S. Supreme Court to take up his lawsuit accusing the league's retirement plan of shorting him on disability benefits payments for years, saying there's a circuit court split regarding the level of deference to apply when reviewing plan administrators' decisions.

  • July 22, 2024

    Fla. City's Anti-Panhandling Law Deemed Unconstitutional

    A Florida federal judge has declared unconstitutional a Daytona Beach ordinance that criminalizes panhandling in certain parts of the city, ruling that the law violates the First Amendment.

  • July 22, 2024

    Zurich Unit Needn't Cover Motorcyclist's Crash Dispute

    The Third Circuit affirmed a Zurich unit's win Monday in a dispute over coverage for a boiler company sued by a motorcyclist injured in a crash with a company employee, saying not only are the motorcyclist's claims untimely, but the company's policy excludes coverage for the accident.

  • July 22, 2024

    Live Nation Says Seattle Wrong Forum For Shooting Case

    Live Nation wants to change the venue for a lawsuit filed in the wake of fatal shootings at Washington's Gorge Amphitheatre, according to a motion accusing the victims' families of forum shopping and releasing a prejudicial press release to taint a potential Seattle jury pool.

  • July 22, 2024

    DuPont, NC To Drop Docs Dispute In 'Forever Chemicals' Case

    North Carolina and DuPont have come to terms in a dispute over allegedly missing documents as part of the state's lawsuit alleging the predecessor of Chemours and other chemical companies poisoned North Carolina's environment with "forever chemicals."

  • July 22, 2024

    NC State Resolves Cancer Patient's Fight To Test Building

    North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.

  • July 22, 2024

    Nationwide Seeks Travelers' Aid In Hot Tub Illness Row

    Nationwide told a California federal court a Travelers unit must help defend a condominium association in an underlying lawsuit brought by a resident alleging he needed a double lung transplant because of hot tub contaminants, arguing Travelers' pollution exclusion and fungi or bacteria exclusion didn't apply.

  • July 22, 2024

    Retooled Conn. Wine Tasting Death Suit Deemed Untimely  

    The estate of a woman killed in a drunk driving crash can't pursue new claims in its suit against the restaurant where she worked because they were filed too late, a Connecticut state court judge has ruled.

  • July 22, 2024

    Midyear Report: Surveying Vast NCAA Litigation Landscape

    While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.

  • July 22, 2024

    Transfer To D-II Should End HBCU Race Bias Suit, NCAA Says

    The basketball player claiming that the NCAA's Academic Performance Program discriminates against historically Black colleges and universities is no longer harmed by the program after transferring to a lower-division college, the NCAA has argued to an Indiana federal court.

  • July 22, 2024

    Secret Service Ripped By Lawmakers For Trump Rally 'Failure'

    U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.

Expert Analysis

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Confronting The Psychological Toll Of Personal Injury Law

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    Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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