Personal Injury & Medical Malpractice

  • February 25, 2025

    Lawyer Who Became Client's 'Punching Bag' Scores Case Exit

    A Connecticut attorney who claimed he became his Massachusetts client's "punching bag" can exit her medical negligence lawsuit against two doctors accused of misplacing or destroying her embryos, a Milford judge ruled Tuesday.

  • February 25, 2025

    Union Pacific Cleared In Pedestrian's Injury Suit

    A California jury found Tuesday that Union Pacific Railroad Co. was not liable for an injury to a man who was walking along its railroad tracks.

  • February 25, 2025

    8th Circ. Says Mo. Law Bars $60M Asbestos Coverage Suit

    An Eighth Circuit appeals panel affirmed that an insurer could not make arguments in Missouri federal court regarding payment of over $60 million for asbestos litigation because it had been battling its insured "for years" over the same issues in state court.

  • February 25, 2025

    10th Circ. Asked To Rethink Denying Atty's Racing Deductions

    A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.

  • February 24, 2025

    'It Was An Accident': Judge Denies Shooting Wife On Purpose

    A California judge who shot his wife to death in their living room following an argument took the stand in his murder trial Monday, fighting hard to maintain his composure while explaining to jurors that his Glock discharged accidentally when he tried to set it down on the coffee table.

  • February 24, 2025

    Injury Attys Sanctioned Over AI-Hallucinated Case Citations

    A Wyoming federal judge overseeing a personal injury lawsuit against Walmart sanctioned the plaintiffs' attorneys from Morgan & Morgan PA and the Goody Law Group after they filed pretrial motions containing case law hallucinated by artificial intelligence, but acknowledged Monday their "remedial steps, transparency and apologetic sentiments."

  • February 24, 2025

    Union Pacific Says Pedestrian Was In The Wrong In Crash Suit

    Lawyers for a pedestrian allegedly hit by a Union Pacific train told a jury in closing arguments Monday that the engineer wasn't paying enough attention to the tracks ahead, while the rail giant's lawyers said the man should not have been there.

  • February 24, 2025

    Insurer Won't Have To Cover Sports CEO's Child Sex Suits

    An insurance company doesn't have to defend the former leader of a sports equipment company against allegations of sexual assault against minors, a Washington federal court said Monday, making final an earlier ruling that said the policies offered no conceivable coverage.

  • February 24, 2025

    Ill. Court Clears Holiday Inn In Suit Over Migrant's Suicide

    A Chicago-area Holiday Inn that housed several migrants from Venezuela was properly cut loose from a wrongful death suit over a migrant's suicide, an Illinois appeals court ruled Monday, saying the hotel did not enable the suicide by leaving a rope in a stairwell.

  • February 24, 2025

    Weight-Loss Spa's 'Sauna Pod' Caused Severe Burns, Suit Says

    A Pittsburgh-area woman claims that an infrared "sauna pod" at a weight-loss spa burned her, leaving permanent scarring and disfigurement, according to a lawsuit filed in Pennsylvania state court Monday that seeks to hold the Chinese manufacturer liable.

  • February 24, 2025

    Norfolk Southern's Tank Car Co. Liability Claims Head To Trial

    An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.

  • February 24, 2025

    Insurer Needn't Cover Hospital's $2.5M Virus Vax Probe Costs

    A Chubb unit has no obligation to pay an Illinois hospital for $2.5 million in legal costs associated with responding to federal and state probes into its COVID-19 vaccine distribution program, a federal court ruled, finding that the policy's $1 million regulatory claims sublimit applies.

  • February 24, 2025

    Wellpath Delays Chapter 11 Exit To Buy Time For Creditor Deal

    Wellpath will delay confirmation of its Chapter 11 plan by two weeks to buy time to work through objections to the reorganization of its prison healthcare business, attorneys told a Texas bankruptcy judge Monday.

  • February 24, 2025

    Purdue's New Ch. 11 Plan Sidesteps Nonconsensual Releases

    Mediators helping to craft a new settlement in the case of bankrupt OxyContin maker Purdue Pharma LP said in their latest update in New York bankruptcy court that the company's revised deal does not contain nonconsensual third-party waivers.

  • February 24, 2025

    Gaudreau Brothers' Widows Settle Civil Suits Over Fatal Crash

    The widows of professional hockey players Johnny and Matthew Gaudreau have reached settlements in their wrongful death lawsuits against Sean Higgins, the driver accused of fatally striking the brothers while they were bicycling in Oldmans Township, New Jersey, in August.

  • February 24, 2025

    Ga. Sports Bar Escapes Liability For Drunken Fatal Crash

    The Georgia Court of Appeals has released a sports bar from liability in two suits over a fatal crash allegedly caused by a soldier who was driving drunk, ruling Monday that the bar had no way of foreseeing that the soldier would get behind the wheel after he returned home from a night out.

  • February 24, 2025

    Conn. Solo Wants Willkie Partner's $27K Fee Bid Slashed

    A Connecticut solo practitioner who lost a First Amendment lawsuit after leaking a Willkie Farr & Gallagher LLP's partner's landlord-tenant dispute to the New York Post on Monday criticized the partner's bid to recoup his legal fees, arguing $8,250 is more reasonable than his current $27,000 demand.

  • February 24, 2025

    Boehringer Ingelheim Wins Illinois Zantac Cancer Retrial

    An Illinois state jury swiftly sided with Boehringer Ingelheim on Monday over two men's claims that taking the company's over-the-counter Zantac for decades contributed to their prostate cancer diagnoses, handing each of the men a trial loss after juries in their previous trials had deadlocked.

  • February 24, 2025

    Shooting Victim Blames Nursing Home For Lack Of Security

    A Pennsylvania man who was robbed and shot while visiting his brother at a Pittsburgh nursing home last November has filed a lawsuit against the facility in state court, claiming the company falsely represented that it was safe and secure.

  • February 24, 2025

    Supreme Court Won't Revisit Contentious Feres Doctrine

    The U.S. Supreme Court on Monday rejected a former Air National Guard reservist's suit seeking damages for a military hospital surgery that left him paralyzed, declining to revisit a doctrine barring injury claims considered "incident to" military service.

  • February 21, 2025

    Quinn Emanuel-Backed Clients Join Eaton Fire Litigation Fray

    Southern California Edison on Friday was hit with yet another lawsuit over the destructive Eaton Fire, this time by an Altadena family represented by Quinn Emanuel Urquhart & Sullivan LLP, the largest firm yet to get involved in the litigation.

  • February 21, 2025

    Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot

    A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.

  • February 21, 2025

    Kim Kardashian Accused Of Misidentifying Death Row Inmate

    Kim Kardashian was sued Thursday in California state court one year after a photo the reality television star posted in an Instagram story allegedly identified the wrong man as a Texas prisoner on death row.

  • February 21, 2025

    Diddy Atty Says No Way He Can Continue As Defense Counsel

    A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.

  • February 21, 2025

    9th Circ. Won't Revive Atty's Fraud Case Against Ex-Girlfriend

    The Ninth Circuit on Friday said it would be futile to resuscitate a California attorney's pro se case accusing a former girlfriend of fraud and extortion after she asked him to take down a website he created to shame her, siding with a trial judge who determined a damages claim was based on conclusions not backed up by facts.

Expert Analysis

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Newly Acquired Information Can Be Key In Drug Label Cases

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    The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.

  • Perspectives

    Protecting Survivor Privacy In High-Profile Sex Assault Cases

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    Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.

  • 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.

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