Personal Injury & Medical Malpractice

  • February 03, 2025

    Uber 'Not An Insurer,' Cut Loose From Driver Assault Suit

    A Pennsylvania federal judge on Monday tossed a suit seeking to hold Uber liable for a driver's assault of a passenger at a Philadelphia airport, saying the ride-hailing company is "not an insurer" and "is not automatically liable" when a driver commits an assault.

  • February 03, 2025

    Zantac's Discoloration Merely 'Cosmetic,' Boehringer Rep Says

    A Boehringer Ingelheim corporate representative testified Monday that the company considered changes to the color of its over-the-counter Zantac heartburn drug as no more than a harmless "cosmetic" abnormality, as the pills were consistently tested as safe to take.

  • February 03, 2025

    QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.

    Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.

  • February 03, 2025

    Child Porn Victims Urge 9th Circ. To Revive Claims Against X

    Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.

  • February 03, 2025

    Ex-Fox Sports TV Host Accuses Executive Of Sexual Assault

    A former on-air Fox Sports host and reporter has sued the network and executive Charlie Dixon in California state court alleging he sexually assaulted her in his hotel room in 2016.

  • February 03, 2025

    YouTuber Rips 'Popular Monster' Singer's Defamation Suit

    Falling In Reverse vocalist Ronnie Radke's defamation suit against a YouTube personality over a critical video titled "This Guy Sucks" has no leg to stand on, the YouTuber has argued, because the video in question only put forward opinions on previously known controversies and sexual assault allegations without asserting them as factual.

  • February 03, 2025

    Tesla Says Judge DQ Bid In Crash Suit Arrived On Time

    Tesla Inc. has doubled down on its bid to disqualify a California federal judge from an accident case over his prior law firm's work, rejecting the plaintiff's argument that the automaker filed the motion too late.

  • February 03, 2025

    Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim

    The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.

  • February 03, 2025

    Attys For Blake Lively, Baldoni Warned Over Media Statements

    Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.

  • February 03, 2025

    Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal

    A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.

  • January 31, 2025

    NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits

    The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.

  • January 31, 2025

    En Banc Pa. Court Restores $2.3M Injury Award Against Domino's

    A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.

  • January 31, 2025

    Ohio Businesses Hit Norfolk Southern With Derailment Suits

    Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.

  • January 31, 2025

    Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit

    A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.

  • January 31, 2025

    Med Transport Broker Must Face Injury Claims, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.

  • January 31, 2025

    Titan Sub Death Suit Sent To Wash. State Court

    A Washington federal judge on Friday remanded to state court a wrongful-death lawsuit filed on behalf of a French explorer who died aboard the Titan submersible while exploring the wreck of the Titanic, saying Jones Act claims can't be removed to federal court if the plaintiff chooses to file in state court.

  • January 31, 2025

    Insurer Says $30M Suit Over Child's Murder Not Covered

    An insurer told a Tennessee federal court Friday that due to an assault and battery exclusion, a property management company had no coverage for an underlying $30 million wrongful death suit brought after a boy was fatally shot at one of the company's facilities.

  • January 31, 2025

    Jet Co. Can't Escape Suits Over Producer's Death In Crash

    A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban

    New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."

  • January 31, 2025

    Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

    In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

  • January 31, 2025

    Ga. Appeals Court Backs Wellstar In Doc Defamation Fight

    A former Wellstar Health System doctor who sued the organization for reporting his suspension from duty to a national database had his bid for an injunction forcing Wellstar to void the report shot down by the Georgia Court of Appeals Friday.

  • January 31, 2025

    Chiropractors Can Testify On Injury Cause, Mich. Panel Says

    Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.

  • February 14, 2025

    Law360 Seeks Members For Its 2025 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

  • January 31, 2025

    Calif. Atty Wins Ruling To Sue Doctor For Defamation

    A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.

Expert Analysis

  • 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.

  • 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.

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