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Personal Injury & Medical Malpractice
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August 18, 2025
Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears
Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.
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August 18, 2025
4th Circ. Revives Ethylene Oxide Suit Against Union Carbide
A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Insurers Avoid Defending Ericsson In Terrorist Payment Suits
Units of Travelers and Chubb have no duty to defend Swedish telecommunications company Ericsson Inc. over claims it paid protection money to foreign terrorist organizations so its projects and other business interests wouldn't be attacked, a Texas federal court ruled Monday.
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August 18, 2025
NC Sheriff's Office Must Hand Over Officer Names In Raid Suit
A North Carolina federal judge has ordered a county sheriff's office to turn over the names of officers involved in a midnight raid on a home they incorrectly believed was harboring a suspected carjacker.
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August 18, 2025
Pa. Court Affirms $7.3M Verdict To Man Hit By SEPTA Train
A split Pennsylvania appeals panel on Monday upheld a $7.3 million jury verdict in a suit accusing a construction company of negligently causing a subcontract worker to get hit by a SEPTA train while working, saying the company can't be considered the man's employer for purposes of workers compensation immunity.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
Most Ozempic, Wegovy Claims Survive MDL Dismissal Bid
Eli Lilly & Co. and Novo Nordisk will have to face most of a multidistrict litigation accusing them of misleading consumers over the risks and benefits of popular weight loss drugs like Ozempic and Trulicity, after a Pennsylvania federal judge only trimmed a few of the dozen claims the drugmakers tried to have tossed.
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August 18, 2025
Amazon Settles Suit Over Child's Button Battery Burn Injuries
A Washington federal judge has approved a settlement in a suit seeking to hold Amazon liable for severe injuries suffered by a toddler who ingested a small lithium-ion battery sold by a third-party company on Amazon, saying the terms of the deal are fair and reasonable.
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August 18, 2025
NJ Firms End Battle Over $25M Fee In Verizon Pole Injury Case
Several New Jersey firms have ended a long dispute over a $25 million fee from a personal injury case against Verizon in a suit that already went to trial in 2021 and recently had another trial ordered.
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August 15, 2025
Ga. Trafficking Victim Seeks Atty Fees After $40M Motel Verdict
A Georgia sex trafficking survivor asked a federal judge for $2.5 million in attorney fees after winning a $40 million verdict that's believed to be the first in Peach State history to find a hotel liable for trafficking on its premises.
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August 15, 2025
Fla. Family Sues Yacht Club Over Deadly Barge Collision
The parents of an 8-year-old girl injured in a barge accident during a July sailing trip have sued a Miami yachting club in a Florida state court for alleged negligence in the incident that resulted in three fatalities, saying counselors exposed children to imminent risk of death or harm.
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August 15, 2025
Smoke Shop Tells Panel It's Owed Defense Over Fatal Crash
A North Carolina smoke shop urged a state appeals court to find that its insurer must defend it in a lawsuit alleging that an individual who consumed nitrous oxide products from the shop caused a fatal auto collision, noting it has already disputed underlying allegations of negligence.
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August 15, 2025
2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge
A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
Monsanto Asks Pa. Justices To Toss $175M Roundup Verdict
Bayer AG unit Monsanto has asked the Pennsylvania Supreme Court to undo a $175 million verdict awarded to a man in a Roundup weedkiller cancer lawsuit, arguing federal law preempts state failure-to-warn claims in products liability cases.
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August 15, 2025
Little League Calls Parents' Safety Suit A 'Personal Vendetta'
A Connecticut Little League and its national parent company have pushed back against a group of parents accusing them of not properly training volunteer coaches, saying that the organization they represent does not actually exist, and that the plaintiffs should face sanctions.
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August 15, 2025
Insurer Says Towing Co. Not Covered In Car Hood Injury Suit
Prime Property and Casualty Insurance Inc. is suing a towing company in Florida federal court, saying it has no obligation to continue defending it in an injury suit stemming from injuries to a woman after one of the company's drivers helped jumpstart her car.
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August 15, 2025
Conn. Lawyer Defends $165K Fee Split Amid Ethics Probe
A Connecticut attorney has asked a state court judge to dismiss a disciplinary case against him over a soured fee split deal with his former law firm, saying ethics authorities failed to meet their burden on claims that he failed to safeguard funds or otherwise prejudiced justice.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Town Says TV Reporter Bypassing Own Blame For Broken Leg
A television news reporter can't shirk the blame for his broken leg after he allegedly failed to exercise reasonable care while walking in a parking lot and got run over by a town worker, the town told North Carolina's highest court in seeking to undo a jury verdict favoring the reporter.
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August 15, 2025
Bikers Say Suzuki Motorcycles Have Decades-Old Brake Defect
A proposed class of motorcycle buyers is alleging that Suzuki Motor of America Inc. has known but done nothing about a dangerous defect in its bikes' braking system for more than a decade.
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August 15, 2025
1st Wrongful Death Suit Filed In Deadly Mass. Rest Home Fire
The first of what are expected to be multiple wrongful death lawsuits stemming from a July 13 fire that killed 10 elderly and disabled residents of a Fall River, Massachusetts, assisted living facility was filed late Thursday in state court.
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August 14, 2025
Roblox Fails To Protect Kids From Predators, La. AG Says
Roblox is facing yet another lawsuit accusing it of putting children and teens in danger, this time pursued by the Louisiana Attorney General's Office, which alleged in a state lawsuit Thursday that the popular gaming platform facilitates child sexual abuse material and knowingly fails to shield children from predators.
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August 14, 2025
Grindr Says Section 230 Shields It From Teen Death Suit
Dating app Grindr told a Florida federal judge Wednesday that Section 230 of the Communications Decency Act shields it from claims it negligently allowed a 16-year-old to access the platform and caused her to be matched with a 35-year-old man who is accused of murdering her.
Expert Analysis
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.