Personal Injury & Medical Malpractice

  • September 20, 2024

    Families Of 6 Who Died Sue Over Baltimore Bridge Collapse

    The families of six workers who died in the March collapse of the Francis Scott Key Bridge in Baltimore hit the companies that owned the cargo ship that brought down the structure with lawsuits Friday in Maryland federal court over their deaths.

  • September 20, 2024

    Vandalizing Doctor Gets $200K For Defeating Vengeful Suit

    A doctor who defaced the property of a real estate developer with graffiti can keep an award of more than $200,000 in attorney fees for defending himself from a suit that a judge found was filed out of vengeance, a Michigan appellate panel has ruled. 

  • September 20, 2024

    Mich. School Officials Keep Immunity In Oxford Shooting Suits

    A Michigan appellate court panel on Thursday upheld the dismissal of a pair of lawsuits alleging Oxford Community School and its employees were negligent in failing to prevent a teenager from shooting and killing four classmates and injuring seven others in 2021, saying no reasonable juror could determine anyone other than the shooter was responsible.

  • September 20, 2024

    Car Crash Claims Against Uber Sent To Arbitration

    A New Jersey appeals panel on Friday sent a couple's suit against Uber Technologies Inc. over a car accident to arbitration, finding that a user agreement for Uber Eats that includes an arbitration clause is valid and enforceable.

  • September 20, 2024

    'Free Karen Read' Protest Case Is Moot, 1st Circ. Says

    The First Circuit has bowed out of hearing a First Amendment challenge brought by protesters who gathered outside a business run by a witness in Karen Read's first trial for the alleged murder of her boyfriend, ruling that the dispute centering on the Massachusetts witness intimidation law was moot.

  • September 20, 2024

    Plaintiffs Firms Battle Over Proposed $9B Deal In J&J Talc Suit

    Two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder are now warring among themselves, with Smith Law Firm PLLC suing Beasley Allen Law Firm for defamation after Beasley Allen accused the former of selling out clients to pay off litigation funders.

  • September 20, 2024

    Jenner & Block Seeks Exit From Plane Crash Fees Suit

    Jenner & Block LLP wants out of a lawsuit brought by Kenyan law firm Arwa & Change Advocates LLP related to a 2019 Boeing aircraft crash that killed all passengers on board, arguing that it can't be sued for providing legal advice to a client.

  • September 20, 2024

    J&J Makes Third Try At Handling Talc Claims In Bankruptcy

    A Johnson & Johnson talc unit filed for Chapter 11 protection in Texas bankruptcy court Friday, marking the third time the company has tried to deal with liability from alleged asbestos-contaminated talc with a bankruptcy filing.

  • September 20, 2024

    Panera Can't Delay Trial Over Shook Hardy Attys' Schedule

    A Pennsylvania federal judge denied Panera Bread's repeated requests to delay a wrongful death trial, finding the restaurant chain will not be prejudiced if its desired Shook Hardy & Bacon LLP counsel cannot attend, as "plenty" of Shook Hardy lawyers can stand in, the judge said.

  • September 20, 2024

    Court Rejects Jerry Sandusky's Atty Pressure Tactics Theory

    A Pennsylvania state appeals court has denied convicted pedophile and former Penn State football assistant coach Jerry Sandusky's latest request for a retrial, rejecting his claims that new evidence showed accusers were pressured by an attorney to sue and that several underwent "repressed memory therapy" in order to recount false memories of abuse.

  • September 20, 2024

    Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued

    In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.

  • September 20, 2024

    Ga. Airport Pat Down Caused Catastrophic Injuries, Man Says

    A man sued the government and several unnamed parties in Georgia federal court Thursday, alleging that he fractured his thoracic vertebrae, spent 52 days in the hospital and had to undergo surgery after an airport screening incident at Hartsfield-Jackson Atlanta International Airport.

  • September 19, 2024

    Texas Med Mal Law Axes Crash Suit Against Ambulance Driver

    A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.

  • September 19, 2024

    Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit

    The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.

  • September 19, 2024

    10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea

    The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.

  • September 19, 2024

    Dallas Judge's Ruling Leaves State Fair Gun Ban Intact

    A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.

  • September 19, 2024

    Family Sues Union Pacific, Metra Over Fatal Crash

    The family of a teenager who was hit and killed by a train while crossing railroad tracks on a foggy winter day has filed suit against the Union Pacific Railroad Co. and Chicago's commuter rail system, claiming they failed to put pedestrian safeguards in place.

  • September 19, 2024

    Conn. Justices Seem Open To Child Bond Claims In Injury Suit

    Two Connecticut Supreme Court justices on Thursday seemed open to allowing parents to seek a new legal remedy for the impairment of their relationship with a child, with one justice observing that compensable losses aren't limited to "obligatory functions" under the state's existing tort law.

  • September 19, 2024

    Another Ill. Jury Deadlocks Over Zantac Cancer Claims

    There was another mistrial declared on Wednesday in a lawsuit over claims that pharmaceutical company Boehringer Ingelheim's over-the-counter-drug for heartburn, Zantac, caused a man's cancer in a case brought by the Illinois man.

  • September 19, 2024

    Union Pacific Contractors Again Escape Texas Enviro Claims

    A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.

  • September 19, 2024

    Boeing Beats Suit Over Workers' Love-Triangle Murder

    A Washington federal judge has again tossed a lawsuit against Boeing over a love triangle that led a Boeing employee to murder his coworker, dismissing the case for good because the killing did not occur during working hours or at the workplace.

  • September 19, 2024

    Ohio Panel Says Landfill Death Suit Shouldn't Be Thrown Out

    A split Ohio state appeals court has revived a wrongful death suit brought against waste management firm Rumpke Sanitary Landfill Inc. over a tree on its land that fell and killed a motorist passing a landfill, with one judge saying the company can't be held liable and another calling for new standards.

  • September 19, 2024

    Calif. Panel Rejects Malpractice Claim In Ambulance Crash Suit

    A California appeals panel won't revive a woman's legal malpractice suit against her former attorney stemming from an ambulance crash suit that was filed too late, finding she also filed the malpractice suit outside the one-year statute of limitations.

  • September 19, 2024

    AT&T To Pay For Removal Of Hazardous Lake Tahoe Cables

    A California sportfishing nonprofit on Wednesday told a federal court that an AT&T subsidiary has agreed to pay an estimated $1.5 million to remove its lead-clad telecom cables in Lake Tahoe to end litigation that the cables pose a health threat.

  • September 19, 2024

    Snapchat Settles Conn. Bitmoji Sex Assault Case

    Snapchat parent company Snap Inc. has settled a Connecticut state court case accusing it of enabling sexual predators to convince their targets to meet them in person through the use of Bitmojis, which are cartoonish, youthful-looking caricatures of the platform's users.

Expert Analysis

  • How Labeling And Testing May Help Reduce PFAS Litigation

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    As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Strategies To Defend Against Healthcare Nuclear Verdicts

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    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

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