Personal Injury & Medical Malpractice

  • March 17, 2025

    Vague Settlement Can't Free Insurer From Asbestos Claims

    An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found. 

  • March 17, 2025

    NC AG Fights TikTok's Early Exit From Addiction Suit

    North Carolina is pushing back on TikTok's bid to sidestep a lawsuit accusing it of knowingly addicting young users to its platform, arguing that the state court has jurisdiction because the company has engaged directly with "over a million children and teens" within its borders.

  • March 17, 2025

    Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court

    Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."

  • March 17, 2025

    Ex-Haiti Mayor Hid Atrocities To Secure Green Card, Jury Told

    The former mayor of a remote Haitian town led a rampage of violence against political opponents and then lied about the hand he played in the deaths and torture to get into the United States with a green card, a Justice Department lawyer told a Boston federal jury Monday.  

  • March 17, 2025

    Arnold & Itkin Says Houston Firm 'Renting' Its Name For Clout

    Texas-headquartered trial firm Arnold & Itkin LLP has sued a small personal injury firm in Houston, accusing it of unlawfully capitalizing on the firm's well-earned reputation and success by misdirecting web searches to its website through the purchase of certain search keywords.

  • March 17, 2025

    Philly Motels Will Pay $17.5M To End Sex Trafficking Claims

    Three women who sued motels that they alleged allowed them to be trafficked into prostitution as minors have agreed to a $17.5 million settlement with the owners of a Motel 6, Days Inn and North American Motor Inn in Philadelphia.

  • March 14, 2025

    ExxonMobil Brings $14M Clean Air Act Suit To High Court

    ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.

  • March 14, 2025

    Williams Kastner Accused Of Malpractice After $128M Payout

    An insurer wouldn't have been forced to pay 64 times its policy limit after a deadly crane collapse in Seattle were it not for its attorneys at Williams Kastner, the carrier told a Washington state court, accusing its counsel of malpractice that caused it to pay $128 million.

  • March 14, 2025

    PE Fund Accuses Ex-CEO Of Stealing To Pay Divorce Atty

    A former private equity CEO has been sued by a Denver-based fund in Colorado state court for allegedly using its money to pay his divorce lawyer and for other personal expenses, following a settlement earlier this year with federal securities regulators over claims he improperly charged two other funds.

  • March 14, 2025

    Ga. Panel Says COVID-Era Legal Shield Blocks Amputee's Suit

    A divided Georgia Court of Appeals on Friday said a trial court should have dismissed a wrongful amputation suit against a Marietta hospital, holding that the patient who lost his right leg after being admitted for COVID-19 symptoms could not beat the legal immunity granted to the hospital by a pandemic-era state law.

  • March 14, 2025

    Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court

    Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.

  • March 14, 2025

    Justices Told 11th Circ.'s FTCA Ruling Is 'Upside-Down'

    An Eleventh Circuit decision that scuttled a Georgia family's lawsuit after they were subjected to a botched no-knock raid by the FBI turned "upside-down" the intent of the Constitution's supremacy clause and "would nullify" the Federal Tort Claims Act, advocacy group Public Citizen told the U.S. Supreme Court Friday.

  • March 14, 2025

    LG Unit Must Face Ga. Jury Over Exploding Battery Claims

    LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.

  • March 14, 2025

    US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal

    The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.

  • March 14, 2025

    NC Ex-Doctor Gets 2.5 Years For Drug Test Billing Scheme

    A 72-year-old doctor in North Carolina was sentenced Friday to two and a half years in prison and ordered to hand over $2 million in restitution for a fraudulent billing scheme involving medically unnecessary drug tests, prosecutors said.

  • March 14, 2025

    Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit

    Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.

  • March 14, 2025

    Antigua Clinic Accused Of Lying About 'Miracle' Cancer Cure

    A company called ExThera Medical Corp. has been sued in California federal court over a cure, backed by a billionaire investor, marketed for metastatic cancer but was actually a "dangerous medical experiment."

  • March 14, 2025

    Judge Vacates Baby Formula Trial Win For Abbott, Mead

    A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."

  • March 14, 2025

    Teacher's Widower Wins $10.5M After Fatal Commute

    A Cook County jury has awarded $10.5 million to the widower of a Chicago suburban kindergarten teacher who died after a dump truck with unsecured contents and an inexperienced driver struck another vehicle while she was biking to work.

  • March 14, 2025

    Fla. Attys Go From Shooting Hoops To Suing Nursing Homes

    Geoff Moore and Spencer Payne took their friendship from the basketball court to launching a new Orlando law firm focused on taking nursing home catastrophic injury and medical malpractice cases to trial. The duo recently talked to Law360 Pulse about their firm and how they hope to help clients.

  • March 14, 2025

    Colo. Jury Rejects Claims Sterilization Co. Caused Cancer

    A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.

  • March 14, 2025

    Combs Jury To Be Closely Vetted For May Trial

    A Manhattan federal judge said Friday that he plans to open Sean "Diddy" Combs' criminal trial on sex-trafficking charges on May 12 after a lengthy jury-vetting process, laying out his plan after the jailed hip-hop icon denied charges in a superseding indictment.

  • March 14, 2025

    Starbucks Ordered To Pay $50M In Burn Injury Case

    A California state jury in Los Angeles awarded $50 million Friday to a delivery driver burned by hot water at a Starbucks drive-through window, roughly splitting the difference between the parties' suggested damages.

  • March 14, 2025

    Mass. Justices Say Transit Agency Not Immune In Assault Suit

    Massachusetts' highest court said Friday that the public transit agency in Greater Boston is not immune from claims that it negligently hired and retained a bus driver with an alleged known history of anger management issues who later beat up a customer and left him with a traumatic brain injury.

  • March 13, 2025

    9th Circ. Won't Block Consolidation Of Uber Assault Cases

    The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.

Expert Analysis

  • 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.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

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