Personal Injury & Medical Malpractice

  • February 26, 2025

    Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit

    Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.

  • February 26, 2025

    Walmart Injury Suit Wrongly Axed For Fraud, Panel Says

    A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.

  • February 26, 2025

    Colo. Panel Presses Plaintiff On Apparent Litigation Flip-Flop

    A Colorado state appeals court judge asked a personal injury plaintiff on Wednesday how he can argue that a telecommunications company isn't a landowner under a recreational statute when he seemingly made the opposite argument earlier in the litigation.

  • February 26, 2025

    Auto Insurer Freed From Covering Gunshot Injury Litigation

    An auto insurer doesn't have to cover a driver whose passenger was shot, court papers allege, by a neighbor who was incensed by what he perceived to be reckless driving, a Florida federal judge ruled.

  • February 26, 2025

    Judge Sends Fox Sports Harassment Suit Back To State Court

    A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.

  • February 26, 2025

    Karen Read Has Already Lost Double Jeopardy Bid, Court Told

    Karen Read, the Massachusetts woman charged with running down her Boston police officer boyfriend, is not entitled to federal review of a state high court ruling rejecting her double jeopardy claim, prosecutors said in a Wednesday filing.

  • February 26, 2025

    Insurer Gets Early Win In Oil Well Explosion Coverage Suit

    An insurer has no duty to cover two oil drilling companies and others in a worker's injury suit over a June 2022 oil well explosion, a Kentucky federal court ruled Wednesday, declaring the at-issue policy void due to material misrepresentations in the insurance application process.

  • February 26, 2025

    Trucking Cos. Can't Be Hauled Into Fla. Court Over Ga. Crash

    A Florida appeals court ruled Wednesday that a trucker and two companies that employed him don't have to face a wrongful death suit in the state over a deadly crash that occurred 10 miles north of the Florida-Georgia line.

  • February 26, 2025

    BIA Liable For Officer's Assault Of Northern Cheyenne Woman

    The Bureau of Indian Affairs is liable for a former officer's sexual assault of a Northern Cheyenne woman, a Montana federal district court judge determined, while ordering the federal agency to pay $1.6 million in damages after finding it did not investigate reports of the abuse.

  • February 26, 2025

    Texas Judge Tosses Law Firm's Claims Of Unfair Competition

    A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.

  • February 26, 2025

    Supreme Court Backs Broad View Of Lawsuit Revival Rule

    Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

  • February 25, 2025

    YouTube, TikTok Evade Deadly 'Challenge' Video Suit, For Now

    A California magistrate judge has dismissed, for now, parents' product liability proposed class action alleging YouTube's and TikTok's reporting features are defectively designed since they did not result in the removal of deadly "choking challenge" videos, finding the suit does not clearly identify the product in question or its alleged design defect.

  • February 25, 2025

    Aircraft Parts Maker Hit With Class Claims Over Explosion

    Philadelphia-area aerospace parts manufacturer SPS Technologies LLC has been hit with a class action over an explosion that resulted in a dayslong blaze at its Abington, Pennsylvania, facility that caused school and business closures as well as evacuations.

  • February 25, 2025

    Sterilization Co. Can't Pin Cancer On Genetics, Jury Told

    A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.

  • February 25, 2025

    Karen Read Attys Say Expert Bill Came 'Out Of The Blue'

    Lawyers for Karen Read, the Massachusetts woman accused of running down her Boston police officer boyfriend three years ago, pushed back Tuesday on accusations by the prosecution that they intentionally misled a jury about their connection to two expert witnesses.

  • February 25, 2025

    NJ Court Revives Suit Over Fatal Parkway Crash

    A New Jersey appeals court on Tuesday reinstated a suit against the New Jersey Turnpike Authority alleging it failed to properly maintain a section of the Garden State Parkway that allegedly caused two motorists' deaths, saying the trial court failed to properly analyze whether governmental immunity applies.

  • February 25, 2025

    Jay-Z's Claims Against Buzbee May Get Trimmed, Judge Says

    A California state judge said Tuesday that he's inclined to toss Shawn "Jay-Z" Carter's extortion claims against personal injury lawyer Tony Buzbee and some, but not all, of the rapper's defamation allegations stemming from a now-abandoned rape lawsuit.

  • February 25, 2025

    Houston Atty's Alleged Sex Tape Going To FBI Before Defense

    A woman suing a Houston attorney in Texas state court has permission to turn over to the FBI a video that she claims may show the lawyer committing child sexual abuse, before she provides the video to the defense team.

  • February 25, 2025

    WestRock Blamed For Toxic Vapors In Worker's Injury Suit

    The WestRock packaging company has been hit with a negligence suit in Washington federal court by a worker who claims exposure to fumes from a chemical spill while doing repairs at a Pacific Northwest paper mill caused him to suffer a collapsed lung and later be diagnosed with a tumor.

  • February 25, 2025

    Alex Jones Asks To Maintain Stay On Sandy Hook Payment

    Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.

  • February 25, 2025

    River Agency Says Harvey Flood Dispute Was Already Decided

    A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.

  • February 25, 2025

    Couple, Biotech Co. Jointly Drop Lost Embryos Suit

    A Charlotte couple and the biotechnology company they accused of making a defective oil used for the in vitro fertilization process came together to drop their dispute from North Carolina federal court, ending the prospective parents' wrongful death claims.

  • February 25, 2025

    Purdue Gets Time To Document New $7.4B Ch. 11 Settlement

    Counsel for bankrupt drugmaker Purdue Pharma received approval Tuesday for an extension of a mediation window during which litigation against nondebtors is paused after telling a New York judge that it has reached definitive terms on a new $7.4 billion settlement of opioid claims and needs time to finalize documentation surrounding the deal.

  • February 25, 2025

    Gymnast's Estate Sues Conn. University Over Training Death

    The estate of a 20-year-old gymnast who suffered a fatal head injury during a training exercise in 2019 has filed a wrongful death suit against Southern Connecticut State University and the former coach of its women's gymnastics team.

  • February 25, 2025

    Family Of Wife Killed By Ex-BigLaw Atty Still Fighting For Funds

    The cousins of the woman killed by her former BigLaw partner husband urged a Georgia state court to reject a bid to deprive them of the settlement proceeds from the underlying wrongful death suit, saying the court shouldn't rely on the ex-lawyer's assertions that she wanted the funds to go to her godson.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

    Excerpt from Practical Guidance
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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

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