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Personal Injury & Medical Malpractice
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
US Air Force Base's Faulty Wall Crushed Ga. Teen, Suit Says
The parents of a Georgia teen who was killed in a wall collapse at Robins Air Force Base filed a lawsuit Tuesday alleging that the U.S. Air Force faultily constructed and failed to maintain the concrete structure that toppled over and crushed their child last summer.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
4th Circ. Finds No Harm In Facebook Ads For Young Renters
The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
Rochester Diocese Ch. 11 Plan Heading For Creditor Vote
A New York bankruptcy judge on Tuesday approved a second vote on a Chapter 11 plan for the Roman Catholic Diocese of Rochester, a decision that could see a resolution of the more than 5-year-old case by the end of July.
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March 04, 2025
Insurer, Reinsurer Denied Early Wins In Reimbursement Row
Both sides in an inter-insurer dispute over a reinsurer's share of a coverage settlement for environmental damage claims have adopted reasonable contractual interpretations, a New York federal court ruled, specifically finding ambiguities on whether the reinsurer must reimburse a plaintiff insurer with which it didn't directly do business.
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
Pa. Justices Wary Of 'Limitless Liability' Without Damages Cap
Pennsylvania's $250,000 damages limit on injury claims involving state entities is too low in cases involving catastrophic injuries, the lawyer for a woman hit by a bus told the state Supreme Court on Tuesday, drawing questions from the justices about the potential for state agencies to be crippled by "limitless liability."
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March 04, 2025
Ga. Atty Suspended 6 Months For Sharing Client Information
A Georgia attorney received a six-month suspension from practicing law Tuesday from the Supreme Court of Georgia for his handling of a federal personal injury case, in which he was found to have disclosed client information and litigation strategy in a deliberate attempt to make defense counsel look disingenuous.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit
The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 03, 2025
Jay-Z Files Fresh Defamation Suit Against Buzbee In Ala.
Shawn "Jay-Z" Carter on Monday lodged malicious prosecution claims against attorney Tony Buzbee over a "false," "malicious" and "strategically and tactically calculated and timed" rape suit that has since been dropped, this time in Alabama federal court.
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March 03, 2025
Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case
The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.
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March 03, 2025
Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial
The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.
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March 03, 2025
Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K
A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.
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March 03, 2025
Wrongful Death Claims Go Ahead In Social Media MDL
A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.
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March 03, 2025
ICE Contractor Loses Immunity Bid In Family Separation Suit
A California federal judge Monday largely denied a U.S. Immigration and Customs Enforcement contractor's attempt to escape litigation that a father and son brought against the transportation company for its role in a policy that separated them and thousands of other immigrant families during the first Trump administration.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
Insurer Doesn't Owe Spine Surgery Suit Defense, Judge Says
An insurer has no duty to defend or indemnify an orthopedic treatment center or one of its surgeons in a suit over a botched spine surgery, a Georgia federal court ruled Monday, saying the policy bars coverage for claims reported to another insurer before its effective date.
Expert Analysis
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.