Personal Injury & Medical Malpractice

  • March 10, 2025

    Justices Seen Resolving Circuit Split Over Med Mal Law

    The U.S. Supreme Court said Monday it will decide whether a Delaware medical malpractice statute requiring an expert affidavit can apply in federal court, which experts said will give the justices the opportunity to reassess the so-called Erie doctrine and the relationship between state and federal courts.

  • March 10, 2025

    Starbucks Faces Suit Over Fatal Patio Crash After Panel Flip

    Starbucks owed a duty of reasonable care to a patron who was struck by a rogue pickup truck while sitting on the patio of a Salt Lake City area store, the Utah Court of Appeals has ruled, reviving her family's lawsuit against the Seattle-based coffee company.

  • March 10, 2025

    Starbucks Owes Up To $125M For Hot Water Burns, Jury Told

    Starbucks should pay as much as $125 million for permanent disfigurement to a takeout driver that "changed who he is as a person," a jury heard Monday, after finding last week that the coffee giant was to blame for the spill of scalding water.

  • March 10, 2025

    Mercedes Wins In Mich. Trial Over SUV Fire That Killed 2

    A Michigan state jury has sided with automaker Mercedes-Benz in a lawsuit over its GL450, one of which caught fire following a head-on collision, killing a mother and her 9-year-old daughter and leaving a son and father, a former University of Wisconsin basketball coach, with lifelong injuries.

  • March 10, 2025

    Monsanto Says EPA's Roundup Study Sinks $3.5M Verdict

    Bayer AG unit Monsanto has told a Philadelphia appeals court to wipe out a $3.5 million verdict for a cancer patient who blamed Roundup weedkiller for her disease, saying that the U.S. Environmental Protection Agency has found that the product doesn't cause cancer.

  • March 10, 2025

    Border Agent Admits To Making Migrants Expose Themselves

    A U.S. Customs and Border Protection agent has pled guilty in New York federal court to forcing women to expose their breasts to him during processing as they attempted to enter the country.

  • March 10, 2025

    Split 5th Circ. Vacates Death Sentence Over Brady Violations

    A split Fifth Circuit has reversed and vacated a Texas woman's murder conviction and death sentence after 27 years, having determined that prosecutors failed to properly disclose evidence in accordance with U.S. Supreme Court precedent, and remanded the case to Amarillo, Texas, federal court.

  • March 10, 2025

    Sig Sauer To Appeal $2.3M Accidental Fire Verdict

    Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.

  • March 10, 2025

    Insurer May Be Liable For Coverage Of School Abuse Suits

    A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.

  • March 10, 2025

    High Court Will Review Colo.'s Conversion Therapy Ban

    The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.

  • March 10, 2025

    Judge Who Shot Wife Gets Mistrial As Jury Hangs On Murder

    A California judge declared a mistrial Monday in the murder trial of Orange County Superior Court Judge Jeffrey Ferguson, who shot and killed his wife in their Anaheim Hills home in 2023, after jurors said they remained at an impasse over whether he was guilty of second-degree murder.

  • March 10, 2025

    Ex-Magellan CEO Pleads Guilty Over Faulty Lead Tests

    The former CEO of Magellan Diagnostics Inc. admitted Monday to selling faulty devices that tested blood lead levels, the final of three defendants to plead guilty ahead of a jury trial scheduled for April.

  • March 10, 2025

    Justices To Weigh If Del. Expert Law Applies In Federal Court

    The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

  • March 07, 2025

    9th Circ. Open To Reviving Monsanto Expiration Label Fight

    A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.

  • March 07, 2025

    Starbucks Liable For Hot Drink Spill On Driver

    A unanimous California state jury has found Starbucks was negligent in the case of a driver who had scalding water spill in his lap, sending the case to a damages phase.

  • March 07, 2025

    Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights

    The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.

  • March 07, 2025

    Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims

    A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.

  • March 07, 2025

    Boeing Investors Certified As Class In 737 Blowout Suit

    A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.

  • March 07, 2025

    Mich. Justices Ax Bid To Sue Pizza Delivery Driver's Employer

    The Michigan Supreme Court on Friday dismissed an appeal from a woman who argued her settlement with a Jet's Pizza delivery driver who rear-ended her did not bar vicarious liability claims against his employer, while a dissenting justice called on the court to rethink the "counterintuitive" rule that prohibited her claims.

  • March 07, 2025

    False Policy Info Tanks Property Owner's Coverage Suit

    A New York federal judge ruled that an insurer doesn't have to cover a property owner and manager embroiled in a dispute with Vrbo tenants who fell through the balcony of a South Carolina condo, because the owner lied to the carrier and said it didn't offer short-term rentals.

  • March 07, 2025

    'Exhausted' Jury To Deliberate 3rd Week In Judge Murder Trial

    A California state jury was told to come back Monday for a third calendar week of deliberations over whether Orange County Superior Court Judge Jeffrey Ferguson intentionally shot his wife in 2023, after reporting that they were "exhausted" but had "further movement" toward a verdict.

  • March 07, 2025

    WWE Can't Take 'Red Pencil' To Assault Suit, Ex-Staffer Says

    A former staffer accusing World Wrestling Entertainment Inc. and two of its former executives, including former CEO Vince McMahon, of assault and sex trafficking defended her bid to add more detail to her complaint, arguing Friday that her ex-employers seek to "take a red pencil" to unflattering truths.

  • March 07, 2025

    Ga. Court Urged To Weigh Genealogy Of Wife Killed By Ex-Atty

    The administrator of the estate of a woman killed by a former BigLaw attorney is urging a Georgia state court to reject the woman's godson's assertion that her cousins aren't her relatives, arguing that a genealogy report proves they are her family in the dispute over the proceeds from a wrongful-death suit settlement.

  • March 06, 2025

    Diddy Threatened Employees, Feds Say In New Indictment

    Manhattan federal prosecutors on Thursday filed a new indictment in the sex trafficking and racketeering case against Sean "Diddy" Combs, revealing new details about the hip-hop mogul's alleged practices of forcing his employees to work long hours, while subjecting them to physical and psychological harm.

  • March 06, 2025

    Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms

    A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."

Expert Analysis

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

    Excerpt from Practical Guidance
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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

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