Try our Advanced Search for more refined results
Personal Injury & Medical Malpractice
-
April 02, 2025
Yom Kippur Claim Can't Ax $4M Med Mal Award, Panel Says
The Pennsylvania Superior Court refused Wednesday to overturn a $4 million trial judgment against an osteopathic physician over a patient's heart attack, saying the doctor waited "until the eleventh hour" to request a Yom Kippur trial continuance that was denied.
-
April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
-
April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
-
April 02, 2025
Parents, Distributor Settle Suit Over Baby Lounger Death
The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.
-
April 02, 2025
Client Says Colo. Injury Attys Didn't Tell Him About Settlement
A personal injury plaintiff is suing his former attorneys and their Colorado law firm for malpractice after they allegedly failed to notify him of a settlement offer in time, forcing the case to trial where jurors issued a verdict that was less than the settlement offer.
-
April 02, 2025
Shooting Victim Can't Get $1M Under Policy, Berkshire Says
A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.
-
April 02, 2025
Zoll Gets Parts Of Data Breach Class Action Tossed
A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.
-
April 02, 2025
Central Park 5 Took Trump's Words Out Of Context, Court Told
A lawyer for President Donald Trump urged a federal judge Wednesday to dismiss a defamation lawsuit from the "Central Park Five," saying his remarks during a 2024 debate that the five wrongly convicted men had pled guilty to assaulting and raping a woman in 1989 — when in reality they maintained their innocence — were taken out of context.
-
April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
-
April 02, 2025
Topgolf Readies For $15M Trial Over Injured Oregon Child
Topgolf and the parent of a minor who was struck in the face by a golf club at an Oregon location traded barbs Tuesday over allowed evidence as the parties prepare for a trial to determine whether the business's alleged negligence is responsible for the injury.
-
April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.
-
April 02, 2025
Feds Dodge Mom's $25M Med Mal Suit Over Son's Death In NC
The federal government won't have to face a mother's $25 million suit claiming the doctors at a government-funded hospital failed to properly diagnose and treat her 39-year-old son prior to his death, a North Carolina federal judge has ruled.
-
April 02, 2025
Baltimore Diocese Abuse Claimants Sue Over Immunity Bid
Childhood sex abuse claimants are suing the bankrupt Archdiocese of Baltimore in a bid to stop the Catholic organization from using a charitable immunity defense to avoid paying claims that aren't covered by the debtor's insurance, urging a Maryland federal judge to declare that the defense isn't available in the bankruptcy case.
-
April 02, 2025
Norfolk Southern Investors Appeal Train Derailment Ruling
Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.
-
April 02, 2025
Fla. Litigation Funder Must Face NJ Lawyer's Counterclaim
A Florida-based litigation funder pursuing an $18 million breach of contract suit against a New Jersey lawyer must face the bulk of a countersuit alleging the business reneged on an agreement to secure funding for nationwide personal injury cases.
-
April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
-
April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
-
April 01, 2025
PacifiCorp Owes Another $36M After Latest Wildfire Trial
An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.
-
April 01, 2025
High Court Probes Jurisdiction In Terrorism Victims' Lawsuit
The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.
-
April 01, 2025
Norfolk Southern Asks Jury To Spread Blame For Ohio Crash
Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.
-
April 01, 2025
Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits
Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.
-
April 01, 2025
Berkshire Unit Denied Reimbursement For Asbestos Coverage
Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn't allege an occurrence within the two excess insurers' policy periods.
-
April 01, 2025
Gun Shield Law Preempts Pennsylvania Parents' Liability Suit
Firearms manufacturer Springfield Armory Inc. can't be held liable for a boy's death caused after a fellow minor inadvertently shot him, the Pennsylvania Supreme Court has ruled, finding constitutional a federal law that shields gunmakers from product liability litigation involving incidents where their products are used during criminal acts.
-
April 01, 2025
11th Circ. Urged To Grant New Trial Over Electroshock Injury
A Nebraska man urged the Eleventh Circuit on Tuesday to grant a new trial over his claims that he sustained brain damage after undergoing multiple sessions of electroconvulsive shock therapy, arguing that the lower court committed at least three errors that warrant reversal on independent grounds.
-
April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
Expert Analysis
-
Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
-
4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
-
Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
-
Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
-
In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
-
Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
-
Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
-
It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
-
Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
-
Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
-
Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
-
Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
-
Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
-
Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
-
AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.