Personal Injury & Medical Malpractice

  • February 24, 2025

    Supreme Court Won't Revisit Contentious Feres Doctrine

    The U.S. Supreme Court on Monday rejected a former Air National Guard reservist's suit seeking damages for a military hospital surgery that left him paralyzed, declining to revisit a doctrine barring injury claims considered "incident to" military service.

  • February 21, 2025

    Quinn Emanuel-Backed Clients Join Eaton Fire Litigation Fray

    Southern California Edison on Friday was hit with yet another lawsuit over the destructive Eaton Fire, this time by an Altadena family represented by Quinn Emanuel Urquhart & Sullivan LLP, the largest firm yet to get involved in the litigation.

  • February 21, 2025

    Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot

    A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.

  • February 21, 2025

    Kim Kardashian Accused Of Misidentifying Death Row Inmate

    Kim Kardashian was sued Thursday in California state court one year after a photo the reality television star posted in an Instagram story allegedly identified the wrong man as a Texas prisoner on death row.

  • February 21, 2025

    Diddy Atty Says No Way He Can Continue As Defense Counsel

    A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.

  • February 21, 2025

    9th Circ. Won't Revive Atty's Fraud Case Against Ex-Girlfriend

    The Ninth Circuit on Friday said it would be futile to resuscitate a California attorney's pro se case accusing a former girlfriend of fraud and extortion after she asked him to take down a website he created to shame her, siding with a trial judge who determined a damages claim was based on conclusions not backed up by facts.

  • February 21, 2025

    USC Widow Challenges NCAA Verdict In Calif. Supreme Court

    The widow of a USC linebacker to whom a California jury denied $53 million in damages related to her wrongful death suit against the NCAA has appealed the decision to the Supreme Court of California, after an appellate court affirmed the decision.

  • February 21, 2025

    Mich. Panel Admits To Frustrating Flip-Flop In Slip & Fall Suit

    A Michigan appellate panel expressed some empathy to a trial court's anticipated frustration as the panel reversed the lower court's decision to free a condominium association from a slip-and-fall suit after issuing an opposite ruling a few years ago, noting the panel is navigating drastically changing premises liability law in the state.  

  • February 21, 2025

    Delta Hit With First Negligence Suits Over Toronto Crash

    Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.

  • February 21, 2025

    Arbitration Court Upholds Ex-Spanish Soccer Chief's 3-Year Ban

    An international sports arbitration court on Friday dismissed the appeal of the suspension of disgraced former Spanish soccer president Luis Rubiales, who a day earlier was found guilty of sexual assault for kissing national team midfielder Jenni Hermoso on stage during the 2023 World Cup celebration ceremony.

  • February 21, 2025

    Off The Bench: White House Hosts PGA Tour-LIV Golf Summit

    In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.

  • February 21, 2025

    Ga. Senate Passes Measure To Rein In 'Excessive Litigation'

    The Georgia state Senate on Friday passed a bill intended to cut down on "excessive litigation" and its accompanying costs by imposing new limits on negligent security claims.

  • February 21, 2025

    Veolia Ends One Of Few Remaining Flint Water Suits For $53M

    A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.

  • February 21, 2025

    Connecticut AG Tong Says Bomb Threat Targeted His Home

    Connecticut Attorney General William M. Tong on Friday morning said his home in the southwestern corner of the state had been targeted by a bomb threat, and the investigation appears to be in the hands of federal law enforcement authorities.

  • February 20, 2025

    Fla. Jury Awards $1.2M In Botched Hysterectomy Suit

    A Florida state court jury has awarded more than $1.2 million in damages to a man whose 78-year-old wife died following a robotic-assisted hysterectomy surgery, finding that a medical doctor and nurse were negligent in the woman's death from sepsis, a blood infection.

  • February 20, 2025

    Green Groups Ask 9th Circ. To Press EPA Again On Atrazine

    Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."

  • February 20, 2025

    Walgreens Says Theft Dispute Ruling Is 'Texbook Bad Law'

    An attorney for Walgreens told the Texas Supreme Court on Thursday that a lower appellate court's failure to dismiss a shopper's negligent hiring claim under the state's anti-SLAPP statute is " textbook bad law" because the court dismissed the underlying cause of action that the shopper's claim stems from.

  • February 20, 2025

    Nicolas Cage Sued Over Son's Alleged Assault Of Mother

    Nicolas Cage has been accused of wrongly enabling his adult son's alleged assault of the latter's mother by not properly addressing his longstanding mental health issues, according to a lawsuit filed against the actor and his son in California state court.

  • February 20, 2025

    Ye Sanctioned Again, Ordered To Sit For Another Deposition

    A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.

  • February 20, 2025

    Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row

    A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.

  • February 20, 2025

    3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players

    The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.

  • February 20, 2025

    EPA Sued Over Approval Of Radioactive Waste Road Project

    The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.

  • February 20, 2025

    NY AG Sues 13 Vape Cos. Over Flavored Products

    The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.

  • February 20, 2025

    Conn. Atty Seeks New Injunction Against Ex-Law Partner

    Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.

  • February 20, 2025

    Split 4th Circ. Denies Asylum To Salvadoran Couple

    The Fourth Circuit denied a Salvadoran couple's petition to overturn an immigration judge's order rejecting their asylum claim, saying they had not shown that the government of El Salvador was unwilling or unable to protect them from the MS-13 street gang.

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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