Personal Injury & Medical Malpractice

  • 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.

  • January 31, 2025

    Ex-Trump Atty Sidney Powell Again Escapes Texas Discipline

    Former Trump attorney Sidney Powell has again escaped disciplinary action in connection with her efforts to overturn the results of the 2020 election.

  • January 31, 2025

    Ex-Kline & Specter Atty Drops Suit Over Departure Dispute

    A former Kline & Specter PC associate has dropped his case claiming mistreatment by his former firm, according to recent filings in the Philadelphia County Court of Common Pleas.

  • January 31, 2025

    Paralegal Says Race, Disability Led To Thompson Coe Sacking

    A former paralegal at Thompson Coe Cousins & Irons LLP sued her ex-employer in Texas state court, alleging she was wrongfully fired because of her race and disability while also accusing the firm of sabotaging her attempts at obtaining future employment at other law firms.

  • January 31, 2025

    RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son

    Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.

  • January 31, 2025

    Fired TikTok Exec's Bias Suit Kept In Court By Arbitration Ban

    A New York federal judge largely rejected TikTok's bid to toss a former executive's suit claiming she was pushed out of her job because of her age and gender, also ruling that a law barring sexual harassment disputes from arbitration keeps her claims in court.

  • January 30, 2025

    OnlyFans Alleged Rape Video Suit Sent To Fla. State Court

    A Florida district judge adopted a magistrate judge's recommendation to dismiss a federal lawsuit brought by Jane Doe, an alleged victim who claimed OnlyFans profited from a video of her rape, but sent the case back down to state court where the remainder of her allegations will be tried.

  • January 30, 2025

    AA Jet And Army Helicopter Crash: What We Know So Far

    The midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River will spark multiple inquiries and regulatory actions on air traffic control procedures and flight paths that may raise sticky questions about the scope of the federal government's liability in future litigation, experts say.

  • January 30, 2025

    Jay-Z Blasts Buzbee For 'Reputation-Destroying Allegations'

    Rapper Jay-Z has doubled down on his bid for sanctions against Texas attorney Tony Buzbee for filing a lawsuit accusing him of raping a 13-year-old with Sean "Diddy" Combs more than 20 years ago, saying the attorney has "weaponized" baseless accusations via social media and TV interviews.

  • January 30, 2025

    Paramount Settles Fee Suit Over Pacquiao-Mayweather Fight

    Paramount Global has settled a nearly decade-old lawsuit over a finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr., according to a Thursday notice in California state court.

  • January 30, 2025

    Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win

    The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.

  • January 30, 2025

    Ex-Doc Wants Insurer's Defense Against Sex Misconduct Suits

    A former Ohio doctor facing civil suits after being indicted for sexual misconduct including rape during medical exams told an Ohio federal court that his insurer can't cancel his coverage and must keep defending him regardless of prior alleged misconduct, because he wasn't required to report it.

  • January 30, 2025

    Insurer Says It Owes No Coverage For Boys Home Abuse

    An insurer told a Washington federal judge Thursday that it should be off the hook for coverage in an underlying case involving sexual abuse claims at home for boys because the alleged harm occurred years before the first policy was issued to the group home operator.

  • January 30, 2025

    Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits

    Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.

  • January 30, 2025

    Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal

    A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.  

  • January 30, 2025

    Consumers Want L'Oréal Acne Products Suits In Hawaii

    Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.

  • January 30, 2025

    Symetra To Pay $2M To End Structured Settlement Suit

    Insurance conglomerate Symetra has agreed to pay more than $2.1 million to settle a proposed class action in Washington federal court accusing two Symetra entities of luring roughly 2,000 recipients of personal injury settlements into selling their future stream of payments for a heavily discounted lump sum.

  • January 30, 2025

    Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told

    Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.

  • January 30, 2025

    Ga. Businesses 'Over The Moon' With Tort Reform Proposals

    Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.

  • January 30, 2025

    Combs Victimized 3 Women, Feds Charge In Expanded Case

    Sean "Diddy" Combs forced at least three women to engage in commercial sex acts, federal prosecutors in Manhattan said Thursday in a superseding indictment accusing the jailed hip-hop icon of using his business empire to sexually abuse and exploit women for 20 years.

  • January 30, 2025

    Panel Passes On Snowboarder's Version Of Ski Waiver Ruling

    A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.

  • January 30, 2025

    Beasley Firm Must Face Ex-Client's Suit Over Med Mal Claim

    A New Jersey appellate panel on Thursday reinstated a legal malpractice lawsuit accusing The Beasley Firm LLC of mishandling a medical malpractice lawsuit, saying the trial court erred in granting summary judgment to the law firm.

  • January 29, 2025

    Albertsons Must Face County's Opioid Nuisance Claims

    Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.

Expert Analysis

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

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