Personal Injury & Medical Malpractice

  • February 06, 2025

    Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told

    A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.

  • February 06, 2025

    Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism

    One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.

  • February 05, 2025

    Cuomo Faces Skeptical Panel In AG Document Lawsuit

    Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.

  • February 05, 2025

    Jay-Z Sex Assault Suit Invalid Under Law, Rapper Says

    A suit accusing Shawn "Jay-Z" Carter of sexually assaulting a 13-year-old with Sean "Diddy" Combs more than 20 years ago is invalid because it was filed under a New York City civil rights statute that didn't exist at the time of the alleged incident, the rapper said in a dismissal bid Tuesday.

  • February 05, 2025

    Sterilization Co. Skimped On Pollution Controls, Residents Say

    An attorney for four Colorado residents who claim emissions from a Terumo BCT Inc. medical sterilization facility caused their cancers told jurors at the start of a six-week trial Wednesday that the company cut corners and failed to implement known solutions to cut toxic emissions into the community.

  • February 05, 2025

    Toyota Urges NC High Court To Reverse 'Abusive' Ruling

    Toyota and Subaru Corp. are looking to the North Carolina Supreme Court to pull them out of an "impossible corner" they were pushed into by a trial judge overseeing a wrongful death lawsuit stemming from a fatal car crash, arguing on Wednesday that his orders "incentivize" widespread "tactical abuse of discovery."

  • February 05, 2025

    Catholic Investors Bring Smith & Wesson Suit To Fed. Court

    A group of Catholic sisters has refiled in federal court their suit accusing Smith & Wesson's directors and senior executives of placing their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings.

  • February 05, 2025

    NJ Judge Finds For Textron Unit In Fatal Copter Crash

    A New Jersey state judge said Tuesday that Avco Corp., a division of Textron Inc., wasn't liable for a helicopter crash that resulted in the death of a country singer, since the company didn't design the engine part that the plaintiffs claimed was defective.

  • February 05, 2025

    Cruise Line Can't Avoid Trial In Suit Over Seaplane Crash

    A Washington federal magistrate judge has recommended the rejection of a cruise line's summary judgment bid in a lawsuit over a 2021 seaplane crash that killed passengers on an Alaskan excursion, saying a jury should determine whether Holland America had a duty to warn travelers of the flight's dangers.

  • February 05, 2025

    Seattle Garage Not Covered For Deadly Shooting, Insurer Says

    An insurer said Wednesday that it does not owe the owners of Seattle's "sinking ship" public garage coverage in an underlying wrongful death lawsuit filed by the family of a man fatally shot while parking his car at the downtown facility.

  • February 05, 2025

    Chicago's Climate Suit Belongs In Federal Court, Judge Hears

    The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.

  • February 05, 2025

    Lyondell Leak Is On Job Foreman, Not Valve Maker, Jury Told

    A valve maker indicated to a Houston jury on Wednesday that a 2021 chemical leak at a LyondellBasell plant was the result of poor communication between a plant operator and a now-deceased Turn2 Specialty Cos. contractor, not the valve's design.

  • February 05, 2025

    Penn Hospital Says $200M Judgment Imperils Local Care

    The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.

  • February 05, 2025

    Judge Nixes Jones' Ch. 7 Deal With Sandy Hook Families

    A deal proposed by the Chapter 7 trustee in the bankruptcy case of right-wing conspiracy peddler Alex Jones that would have resolved the nearly $1.5 billion in claims held by the families of Sandy Hook school shooting victims failed to gain court approval Wednesday when a Texas judge said he couldn't grant the requested relief.

  • February 05, 2025

    Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims

    Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.

  • February 05, 2025

    Philly Archdiocese Freed From Abuse Suit In New Jersey

    New Jersey's highest court has held the Archdiocese of Philadelphia is not subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, ruling there was no evidence the ex-priest was assigned to take the teen on a trip to New Jersey or that the archdiocese was even aware of the trip.

  • February 05, 2025

    Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court

    Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.

  • February 05, 2025

    Girardi Keese Trustee Sues NY Atty Who Funded Girardi

    The bankruptcy trustee for disgraced California attorney Tom Girardi's defunct law firm is suing to prevent New York attorney Joseph DiNardo from discharging $7.5 million in his own bankruptcy, claiming DiNardo received the money by helping Girardi defraud his own clients.

  • February 05, 2025

    Calif. Panel Revives Malpractice Suit Against Insurer Attys

    A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.

  • February 05, 2025

    Meta Can't Ask Mass. AG To Dig Up Docs From State Agencies

    The Massachusetts Attorney General's Office is not obligated to search for and turn over documents held by other state agencies that Meta Platforms is seeking in the state's lawsuit alleging Instagram is harming children and teens, a judge ordered.

  • February 04, 2025

    Russian Bank Can't Ditch Jet Crash Suit, 2nd Circ. Agrees

    The Second Circuit on Tuesday agreed with a lower court's finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument that it's entitled to sovereign immunity.

  • February 04, 2025

    Walmart's Win In Fatal Shooting Suit Backed By Calif. Court

    A California state appellate court on Tuesday upheld a defense verdict for Walmart in a suit accusing the retailer of negligently storing handgun ammunition that purportedly allowed a man to steal several boxes and go on a crime spree, killing two people.

  • February 04, 2025

    Meta Can't Be Sued For Church Mass Shooting, 4th Circ. Says

    The Fourth Circuit ruled Tuesday that Meta can't be held liable for allegedly aiding in the radicalization of the shooter who killed nine people at a South Carolina church in 2015, saying a federal law granting immunity to third-party internet content providers applies to the claims.

  • February 04, 2025

    'Every Breath' A 'Struggle' For Lyondell Leak Worker, Jury Told

    A lung specialist told a Houston jury Tuesday that he would be "surprised" if the only surviving repairman who worked on a leak at a Texas LyondellBasell plant lived longer than 15 years without major medical intervention due to his chemical exposure four years ago.

  • February 04, 2025

    Ill. Panel Upholds Barge Worker's $3.3M Jury Award

    An Illinois state appeals court on Tuesday affirmed a $3.31 million jury award and a directed verdict in favor of a man who was severely injured while working on a barge crew, saying it was an appropriate sanction for the defendant's attorney revealing the substance of trial testimony to a witness.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • 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.

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