Personal Injury & Medical Malpractice

  • April 02, 2025

    Justices Broaden RICO Reach To Personal Injuries

    The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.

  • April 02, 2025

    Supreme Court Backs FDA Block Of Flavored Vapes

    The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.

  • April 01, 2025

    PacifiCorp Owes Another $36M After Latest Wildfire Trial

    An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.

  • April 01, 2025

    High Court Probes Jurisdiction In Terrorism Victims' Lawsuit

    The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.

  • April 01, 2025

    Norfolk Southern Asks Jury To Spread Blame For Ohio Crash

    Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.

  • April 01, 2025

    Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits

    Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.

  • April 01, 2025

    Berkshire Unit Denied Reimbursement For Asbestos Coverage

    Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn't allege an occurrence within the two excess insurers' policy periods.

  • April 01, 2025

    Gun Shield Law Preempts Pennsylvania Parents' Liability Suit

    Firearms manufacturer Springfield Armory Inc. can't be held liable for a boy's death caused after a fellow minor inadvertently shot him, the Pennsylvania Supreme Court has ruled, finding constitutional a federal law that shields gunmakers from product liability litigation involving incidents where their products are used during criminal acts.

  • April 01, 2025

    11th Circ. Urged To Grant New Trial Over Electroshock Injury

    A Nebraska man urged the Eleventh Circuit on Tuesday to grant a new trial over his claims that he sustained brain damage after undergoing multiple sessions of electroconvulsive shock therapy, arguing that the lower court committed at least three errors that warrant reversal on independent grounds.

  • April 01, 2025

    Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11

    Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.

  • April 01, 2025

    Tyler Tech Denied Early Exit From NC Civil Rights Class Action

    Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.

  • April 01, 2025

    Ex-Speaker Gingrich Lends Support To Limited Injunctions Bill

    Former GOP Speaker of the House Newt Gingrich on Tuesday endorsed the idea behind Republican legislation that would require nationwide injunctions imposed by lower courts against White House policies to be quickly brought before the U.S. Supreme Court. 

  • April 01, 2025

    Maserati Beats Liability Suit Over Fire At NBA Star's House

    A New Jersey federal judge has ruled that Maserati is not at fault for a 2021 fire that destroyed a garage and damaged a home rented to National Basketball Association star Tyrese Maxey, handing a win to the automaker in a product liability suit.

  • April 01, 2025

    NC Panel Told To Cut Textron Loose From Plane Crash Case

    Textron Inc. doesn't belong in a products liability suit involving malfunctioning cables that allegedly caused a plane crash, the conglomerate has told the North Carolina Court of Appeals, arguing it doesn't make the cables at issue or do business in the Tar Heel state.

  • March 31, 2025

    Law Firm's Blog Post Unwinds $43M Ill. Injury Retrial Verdict

    An Illinois appellate court wiped out a couple's $43 million jury verdict and ordered a third trial in their injury case Monday, saying the trial judge should have done a better job probing their attorney's highly improper blog and social media posts.

  • March 31, 2025

    Voting Exec Says Defamation Suit Not Fit For Colo. High Court

    A former Dominion Voting executive urged Colorado's justices not to hear appeals from a conservative broadcaster and radio host in his defamation suit, saying the defendants haven't made any new dismissal arguments and that "this case is not the case" for the high court to resolve disagreements about state anti-SLAPP law.

  • March 31, 2025

    J&J Talc Spinoff's Ch. 11 Case Gets Tossed, Erasing $9B Deal

    A Texas bankruptcy judge rejected Johnson & Johnson's third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer, dismissing J&J unit Red River Talc's Chapter 11 case on Monday and throwing out a roughly $9 billion bankruptcy deal over issues with the company's voting procedures and third-party releases.

  • March 31, 2025

    Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now

    A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.

  • March 31, 2025

    US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring

    The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.

  • March 31, 2025

    Diddy Accuser's Suit Tossed After Anonymity Bid Denied

    A New York federal judge on Monday dismissed a woman's lawsuit accusing Sean "Diddy" Combs of violently assaulting and raping her at a party in New York City, noting that the woman didn't sue using her real name despite a court order requiring that she do so.

  • March 31, 2025

    Doc Loses Redo On Claims Hospital Lies Fueled Murder Case

    A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.

  • March 31, 2025

    5th Circ. Judge Criticizes Texas AG's Use Of Document Law

    A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.

  • March 31, 2025

    'Unprofessional' Pro Se Atty Can't Get 2nd Extortion Trial

    A medical malpractice attorney was denied a new trial by a Maryland federal judge who said prosecutors presented sufficient evidence that he tried to extort $25 million from the University of Maryland Medical System, and called out the lawyer for "inappropriate, unprofessional, and unbecoming" behavior while representing himself at trial.

  • March 31, 2025

    Town Must Pay $7.7M To Murder Exoneree With Added Interest

    A Connecticut murder exoneree is entitled to nearly $2 million in interest payments on top of a $5.7 million jury verdict against the estate of a deceased town of New Milford police officer, a federal judge has ruled.

  • March 31, 2025

    Trucking Co. Says Insurers Owe Coverage For BIPA Suit

    A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.

Expert Analysis

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

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