Personal Injury & Medical Malpractice

  • August 13, 2024

    'Clever' Scheme Is Concealing Talc Litigation Funding, J&J Says

    The Beasley Allen Law Firm needs to disclose alleged litigation funding fueling its litigation over Johnson & Johnson's talcum powder even if that funding was not given directly to the firm since the disclosure rules apply to "parties" and not "law firms," J&J has told a New Jersey federal court.

  • August 13, 2024

    Ski Resort, Insurer End COVID Closure Suit Days Before Trial

    Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.

  • August 13, 2024

    Talc Claims Land Cosmetics Giant Avon In Ch. 11

    Avon Products filed for Chapter 11 protection in Delaware, saying it needs to address more than $1 billion in liabilities and allegations of injuries caused by talc in its products.

  • August 12, 2024

    Circle K 'Sandbagged' By Late Docs In Death Suit, Court Told

    Circle K told a Florida state court Monday it should have a chance to depose several expert witnesses in a lawsuit stemming from a woman's death at a gas pump, saying attorneys representing family members "sandbagged" the company after providing dozens of new files that were demanded earlier this year.

  • August 12, 2024

    Ogborn Mihm Says Ex-Clients Won't Pay Fees On $2M Win

    Ogborn Mihm LLP accused two former clients Friday of refusing to pay the full $800,000 contingency fee for their $2 million personal injury suit settlement.

  • August 12, 2024

    New Trial Ordered, $13M Award Nixed In Miami Assault Suit

    A Florida state judge has vacated a $13 million verdict against a Miami security company and one of its employees and ordered a new trial in the suit over an altercation between the employee and a nightclub patron, finding the defendants were wrongly barred from presenting certain defenses and evidence.

  • August 12, 2024

    Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says

    An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.

  • August 12, 2024

    WWE Accuser Says Doc's Lawsuit Threat Meant To Silence Her

    A celebrity doctor with alleged ties to World Wrestling Entertainment Inc. and ex-CEO Vince McMahon should be sanctioned for filing a "vexatious" presuit discovery request in an effort to intimidate the woman who claimed the company and former executives sexually abused and trafficked her, she argued in a Monday motion.

  • August 12, 2024

    Gun Rights Group Drops Suit Challenging Colo. Magazine Ban

    A Colorado federal judge dismissed a gun rights group's lawsuit challenging a state ban on "large capacity" magazines after the parties agreed to walk away from the suit on Monday.

  • August 12, 2024

    Shell Oil Forced Back To State Court In Texas Amputation Suit

    Shell Oil must face claims in state court it negligently caused a worker's injuries that resulted in his foot being amputated, a Texas federal judge has ruled, rejecting the company's bid to enforce two contracts that the worker never signed.

  • August 12, 2024

    Deadline Passes For Camp Lejeune Claims

    The deadline for U.S. Marine Corps servicemembers and their families to file administrative claims with the federal government over illnesses contracted by contaminated drinking water at Camp Lejeune passed on Saturday, with more than 320,000 claims that have been filed with the U.S. Navy.

  • August 12, 2024

    Colo. Brewery And Ex-Manager Settle Embezzlement Suit

    A Colorado brewery and its ex-manager accused of embezzling more than $600,000 for his own business agreed to permanently dismiss a lawsuit, one day after a state judge let the brewery seek punitive damages in the case. 

  • August 12, 2024

    Fla. Jury Awards Driver $4.3M For Injuries In Traffic Light Crash

    A Florida state court jury has awarded a driver more than $4.3 million following a Miami-Dade County trial in a lawsuit the driver brought over injuries he sustained in 2019 when another driver ran a red light and smashed into his vehicle.

  • August 12, 2024

    Norfolk Southern Says Cuts To Investors' Suit Aren't Enough

    Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.

  • August 12, 2024

    Insurer Says No Coverage For Hotel In Sex Trafficking Case

    An insurer told a Virginia federal judge it didn't owe coverage to a hotel owner accused of participating in sex trafficking at its Super 8 Motel turned Quality Inn, because criminal acts were not covered under state rules or by the policy.

  • August 12, 2024

    Paragard IUD Makers Gearing Up For Defect Dismissal Bid

    Teva Pharmaceuticals and The Cooper Cos. have five days to reach out to plaintiffs who may be included in a motion to dismiss the sprawling litigation over alleged defects in the Paragard IUD, a Georgia federal judge said Monday.

  • August 12, 2024

    DC Circ. Revives Businessman's Suit Over Mueller Report

    A Georgian-American businessman discussed in special counsel Robert Mueller's report on Russian interference in the 2016 election can pursue claims that inaccuracies in the report harmed his reputation and business dealings, the D.C. Circuit said Friday.

  • August 12, 2024

    Roberta Kaplan Keeps Trump Case, But Ex-Firm Wants A Cut

    Trailblazing litigator Roberta Kaplan will keep E. Jean Carroll as a client after leaving Hecker Fink LLP amid claims she fostered a hostile work environment at the firm she co-founded, but her former colleagues still want a cut of the $83 million verdict Kaplan recently won for Carroll in a defamation lawsuit against former President Donald Trump.

  • August 12, 2024

    The Biggest Georgia Rulings Of 2024 So Far

    From upholding a win for a transgender sheriff's deputy who challenged a county health plan's refusal to pay for gender-affirmation surgery, to ruling that a judicial emergency order issued during the pandemic can be used to toll the state's medical malpractice statute of repose, Georgia courts have been busy in the first half of 2024.

  • August 12, 2024

    Big Tobacco To Pay $600M In 'Historic' Mass. Deal

    Philip Morris Inc. and RJ Reynolds Tobacco Co. will pay nine-figure sums as part of a $600 million settlement between Massachusetts and major tobacco companies that resolves yearslong disputes about how much the cigarette makers owe, the state attorney general announced Monday.

  • August 09, 2024

    Split 9th Circ. Affirms Ax Of Meta Anti-Vax Censorship Suit

    A split Ninth Circuit panel Friday affirmed the dismissal of Children's Health Defense's lawsuit challenging Meta's policy of censoring its anti-vaccine Facebook posts, with the majority concluding that the Robert F. Kennedy Jr.-founded nonprofit failed to show Meta was acting on the government's behalf to state viable constitutional claims.

  • August 09, 2024

    Camp Lejeune Plaintiffs Complain They Can't Get Gov't Docs

    Veterans and family members who claim they were injured due to contaminated water at Camp Lejeune say the government has refused to hand over "troves of discoverable documents" and are urging a federal court to force the government to comply.

  • August 09, 2024

    Tesla Sued Over Gigafactory Worker's Electrocution Death

    The widow of an electrician who was fatally electrocuted this month while working at Tesla's Gigafactory in Austin, Texas, has filed a wrongful death suit in Texas state court, claiming the company negligently allowed a dangerous condition to exist at the automaker's global headquarters.

  • August 09, 2024

    Wash. Hospital Patients Can't Certify 'Fail Safe' Classes

    A Washington federal judge on Friday rejected a certification attempt in a proposed class action accusing a hospital system of incentivizing two of its doctors to perform medically unnecessary surgeries, but said the plaintiffs would have the chance to address the litany of defects by amending their suit.

  • August 09, 2024

    New Yorker Sues Ice Cream Museum Over Sprinkle Pool Injury

    New York City's Museum of Ice Cream is facing a suit from a man who alleges he broke his ankle when he jumped into the museum's "Sprinkle Pool" and is calling the attraction unsafe.

Expert Analysis

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • Opinion

    No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • 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.

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