Personal Injury & Medical Malpractice

  • January 22, 2025

    Med Mal Experts Need Only 1 Specialty, NJ Justices Rule

    When a doctor accused of malpractice has more than one specialty, the plaintiff needs only to produce an affidavit of merit from a physician who is certified in one of the specialties, the New Jersey Supreme Court ruled Wednesday, overturning a state appellate court ruling.

  • January 22, 2025

    Space Explorer Voyager Technologies Confidentially Files IPO

    Defense and space exploration company Voyager Technologies Inc. said Wednesday it has confidentially filed plans for an initial public offering, marking the second company from the industry to join the IPO pipeline this week and potentially benefiting from increased government funding for space travel.

  • January 22, 2025

    'The Hills' Reality Stars Latest To Sue Over Palisades Fire

    "The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.

  • January 22, 2025

    Alex Jones Asks Conn. Justices To Review Sandy Hook Case

    Infowars host Alex Jones has asked Connecticut's highest court to review a $1.44 billion judgment for calling the Sandy Hook school massacre a "hoax," arguing his trial judge violated the state and federal constitutions by skipping causation, jumping straight to a default liability judgment and adding damages without proof.

  • January 22, 2025

    Mich. Justices Demand To Know Where The Sidewalk Ends

    Michigan's chief justice conjured images of pens baked inside cakes and dozens of knives sticking out of concrete as she tried to pin down the city of Detroit on defining the physical limits of a sidewalk, in a case to determine whether the city is liable for a man who tripped on a metal pole surrounded by cement. 

  • January 22, 2025

    Blake Lively, Ryan Reynolds Slam Baldoni Atty's 'Media Blitz'

    Counsel for celebrity couple Blake Lively and Ryan Reynolds told a New York federal judge that Justin Baldoni's attorney from Liner Freedman Taitelman & Cooley LLP has violated ethical rules with an "all-out media blitz" during their thorny litigation over the movie "It Ends With Us."

  • January 21, 2025

    Stanley Tumbler Lead Contamination Suit Gets Shelved

    A Washington federal judge has tossed a proposed class action against the maker of the popular "Stanley" tumbler for selling it without disclosing that it contained lead, saying the claims failed due to overly vague allegations of harm, but allowed the consumers to revise their lawsuit.

  • January 21, 2025

    Amazon Settles Consumer Suit Over Exploding Batteries

    Amazon.com Inc. has entered into a settlement resolving a proposed class action accusing the company of selling thousands of faulty lithium-ion batteries that were prone to explosions, according to a stipulation and order filed in Washington federal court Friday.

  • January 21, 2025

    SoCal Edison Must Hand Over Data In Eaton Fire Suit

    A Los Angeles County judge ordered Southern California Edison Co. on Tuesday to produce data from its distribution circuits in the Altadena, California, neighborhood to a victim of the Eaton Fire, the first step in litigation over this month's deadly and destructive blaze.

  • January 21, 2025

    Colo. Justices Say Elephants Don't Get Habeas Rights

    The Colorado Supreme Court on Tuesday said the state's habeas statute only gives humans the right to petition against unlawful detention, upholding the dismissal of a habeas petition filed on behalf of five elderly elephants at a zoo.

  • January 21, 2025

    Last Sackler Family Members Join Purdue Draft Deal

    The final holdouts among two branches of Sackler family members are ready to join a settlement in the bankruptcy of OxyContin maker Purdue Pharma LP, a business owned by the family, according to a report from the co-mediators handling negotiations.

  • January 21, 2025

    Defamation Case Over NC Attorney General Race Fizzles Out

    The Republican candidate for North Carolina attorney general who lost the race in November to fellow former U.S. Rep. Jeff Jackson has dropped a defamation suit against Jackson's campaign and affiliated entities for allegedly besmirching his law practice.

  • January 21, 2025

    WWE Accuser Eyes Deal With Doctor In Medical Records Feud

    A former legal staffer for World Wrestling Entertainment Inc. suing the company and ex-executives for alleged abuse is in talks to settle a related court fight with a celebrity doctor whom she accused of withholding medical information from her, the parties told a Connecticut state court judge Tuesday.

  • January 21, 2025

    Firm Slams Beasley Allen's Bid To Nix Suit Over Talc Team-Up

    Smith Law Firm PLLC is urging a Mississippi federal court to reject Beasley Allen Law Firm's bid to dismiss or transfer a defamation and breach of contract lawsuit over their joint venture agreement for talc litigation against Johnson & Johnson, saying the case shouldn't be thrown out in favor of Beasley Allen's Alabama suit.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    Ill. Court Upholds $6M Award In Fatal Opioid Overdose Suit

    An Illinois state appeals court has affirmed a $6 million verdict in a suit accusing a physician of causing the death of a patient by negligently prescribing opioids despite signs of abuse, saying the verdict was supported by substantial testimony from medical experts.

  • January 17, 2025

    States Ask To Join Suit To Uphold Gun Show Loophole Closure

    Over a dozen states asked a Texas federal judge for permission to join a suit over the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' rule closing the so-called gun show loophole, saying in a motion that the incoming Trump administration wouldn't properly defend the rule.

  • January 17, 2025

    Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told

    Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.

  • January 17, 2025

    Insurers Needn't Cover Plastic-Maker For Worker Death Suit

    Travelers and Zurich insurers don't owe indemnification to Ohio-based manufacturer Encore Plastics for a suit over a worker's death, a federal court ruled Friday, saying a "direct intent" exclusion applies to the underlying claims arising under an Ohio statute that authorizes employer liability for intentional torts.

  • January 17, 2025

    Colo. Judge Rejects Xcel's Bid To Move Wildfire Trial

    A Colorado state judge has rejected Xcel Energy's bid to move a September trial over its alleged liability for a 2021 wildfire away from where the fire took place, finding the utility company failed to show six fair jurors can't be found in a county of more than 300,000 people.

  • January 17, 2025

    Weinstein Victim Asks To Drop LA Civil Rape Suit, For Now

    A woman whom Harvey Weinstein was convicted of raping has moved to temporarily abandon her civil lawsuit against the disgraced movie mogul, nixing a scheduled March trial in California state court.

  • January 17, 2025

    Firm Says Insurers Must Pay $2.6M Malpractice Suit Judgment

    A Georgia personal injury firm said its professional malpractice insurers must cover a $2.6 million default judgment entered against the firm in a suit brought by a former client, telling a federal court that a Berkshire Hathaway unit's failure to act caused the adverse ruling.

  • January 17, 2025

    EBay Can't Appeal Punitive Damages Ruling In Stalking Case

    A Massachusetts federal judge has denied a request by eBay Inc. to ask the First Circuit whether it should have to face the possibility of punitive damages in a civil suit brought by a Bay State couple who say the e-commerce company waged a stalking and intimidation campaign against them.

  • January 17, 2025

    Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal

    In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

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