Personal Injury & Medical Malpractice

  • July 23, 2024

    USA Pickleball Whacks Paddle Design Contract Suit

    USA Pickleball Association has asked a Maryland federal judge to toss a fraud and negligence suit filed by a paddle manufacturer, arguing it was not vindictiveness that kept it from approving the company's design, but changing standards.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Insurers Must Defend Well Driller In Lead Contamination Suit

    Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.

  • July 23, 2024

    Jerry Jones Strikes Midtrial Deal With Alleged Daughter

    Dallas Cowboys owner Jerry Jones agreed to fulfill his remaining financial obligations to a 27-year-old woman who claims to be his daughter under a settlement reached Tuesday during a Texas federal trial over his claims that she violated their agreement by suing him in state court.

  • July 23, 2024

    Firm Says Rival's Trademark Merely 'Common Spanish Phrase'

    A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."

  • July 23, 2024

    Golf Club Escapes Bartender's Sex Bias, Retaliation Suit

    An Arizona golf resort fired a beverage cart server for repeated attendance issues, not because she complained that a customer had tried to rip off her skirt, a federal judge ruled in ending the lawsuit.

  • July 23, 2024

    Sig Sauer Says $2.35M Verdict Result Of 'Passion & Prejudice'

    After a Georgia jury hit gunmaker Sig Sauer Inc. with a $2.35 million verdict last month over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, the company filed a slew of motions Monday saying the judgment should be tossed or, at the least, cut down in size.

  • July 23, 2024

    Disney Cruise Can't Pause Suit As It Awaits Arbitration Ruling

    A Florida federal judge won't let Disney Cruise Line postpone filing a required case management report until after the court rules on the company's pending motion to compel arbitration in a case over an ex-employee who was fired for testing positive for marijuana use.

  • July 23, 2024

    Secret Service Chief Out Amid Trump Rally Shooting Probes

    U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

  • July 22, 2024

    'Bully' Jerry Jones Rips Alleged Daughter As Driven By Greed

    Counsel for Dallas Cowboys owner Jerry Jones told a Texas federal jury Monday that a 27-year-old woman who claims Jones is her biological father was motivated to violate an agreement out of greed, while the defense painted Jones as a "bully" who wanted to keep his out-of-wedlock paternity a secret from his "real family."

  • July 22, 2024

    Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit

    The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.

  • July 22, 2024

    Tesla's Autopilot Caused Calif. Man's Fatal Crash, Family Says

    The family of a Fresno, California, man who died following a car crash last year says Tesla Inc.'s Autopilot system is to blame, according to a wrongful death suit filed in Santa Clara County Superior Court.

  • July 22, 2024

    Michigan's Cases To Watch 2024: A Midyear Report

    Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.

  • July 22, 2024

    Mich. Justices Say Fired Safety Whistleblowers Can Sue

    Michigan's highest court revived a former Fiat Chrysler employee's lawsuit against the automaker Monday, saying that occupational safety laws don't preempt his claims that he was fired because he raised concerns about potential asbestos at his jobsite.

  • July 22, 2024

    Judge Tosses DHS Expert's Defamation Suit Against Fox

    Fox News Network LLC and Fox Corp. on Monday escaped a defamation lawsuit from the onetime head of the Biden administration's ill-fated counter-disinformation agency, with a federal judge in Delaware finding she failed to "plausibly allege" the alleged defamatory statements were untrue.

  • July 22, 2024

    Ex-NFL Player Urges High Court To Hear Benefits Dispute

    A former NFL player urged the U.S. Supreme Court to take up his lawsuit accusing the league's retirement plan of shorting him on disability benefits payments for years, saying there's a circuit court split regarding the level of deference to apply when reviewing plan administrators' decisions.

  • July 22, 2024

    Fla. City's Anti-Panhandling Law Deemed Unconstitutional

    A Florida federal judge has declared unconstitutional a Daytona Beach ordinance that criminalizes panhandling in certain parts of the city, ruling that the law violates the First Amendment.

  • July 22, 2024

    Zurich Unit Needn't Cover Motorcyclist's Crash Dispute

    The Third Circuit affirmed a Zurich unit's win Monday in a dispute over coverage for a boiler company sued by a motorcyclist injured in a crash with a company employee, saying not only are the motorcyclist's claims untimely, but the company's policy excludes coverage for the accident.

  • July 22, 2024

    Live Nation Says Seattle Wrong Forum For Shooting Case

    Live Nation wants to change the venue for a lawsuit filed in the wake of fatal shootings at Washington's Gorge Amphitheatre, according to a motion accusing the victims' families of forum shopping and releasing a prejudicial press release to taint a potential Seattle jury pool.

  • July 22, 2024

    DuPont, NC To Drop Docs Dispute In 'Forever Chemicals' Case

    North Carolina and DuPont have come to terms in a dispute over allegedly missing documents as part of the state's lawsuit alleging the predecessor of Chemours and other chemical companies poisoned North Carolina's environment with "forever chemicals."

  • July 22, 2024

    NC State Resolves Cancer Patient's Fight To Test Building

    North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.

  • July 22, 2024

    Nationwide Seeks Travelers' Aid In Hot Tub Illness Row

    Nationwide told a California federal court a Travelers unit must help defend a condominium association in an underlying lawsuit brought by a resident alleging he needed a double lung transplant because of hot tub contaminants, arguing Travelers' pollution exclusion and fungi or bacteria exclusion didn't apply.

  • July 22, 2024

    Retooled Conn. Wine Tasting Death Suit Deemed Untimely  

    The estate of a woman killed in a drunk driving crash can't pursue new claims in its suit against the restaurant where she worked because they were filed too late, a Connecticut state court judge has ruled.

  • July 22, 2024

    Midyear Report: Surveying Vast NCAA Litigation Landscape

    While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.

  • July 22, 2024

    Transfer To D-II Should End HBCU Race Bias Suit, NCAA Says

    The basketball player claiming that the NCAA's Academic Performance Program discriminates against historically Black colleges and universities is no longer harmed by the program after transferring to a lower-division college, the NCAA has argued to an Indiana federal court.

Expert Analysis

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

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