Personal Injury & Medical Malpractice

  • 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.

  • April 01, 2025

    Tyler Tech Denied Early Exit From NC Civil Rights Class Action

    Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.

  • April 01, 2025

    Ex-Speaker Gingrich Lends Support To Limited Injunctions Bill

    Former GOP Speaker of the House Newt Gingrich on Tuesday endorsed the idea behind Republican legislation that would require nationwide injunctions imposed by lower courts against White House policies to be quickly brought before the U.S. Supreme Court. 

  • April 01, 2025

    Maserati Beats Liability Suit Over Fire At NBA Star's House

    A New Jersey federal judge has ruled that Maserati is not at fault for a 2021 fire that destroyed a garage and damaged a home rented to National Basketball Association star Tyrese Maxey, handing a win to the automaker in a product liability suit.

  • April 01, 2025

    NC Panel Told To Cut Textron Loose From Plane Crash Case

    Textron Inc. doesn't belong in a products liability suit involving malfunctioning cables that allegedly caused a plane crash, the conglomerate has told the North Carolina Court of Appeals, arguing it doesn't make the cables at issue or do business in the Tar Heel state.

  • March 31, 2025

    Law Firm's Blog Post Unwinds $43M Ill. Injury Retrial Verdict

    An Illinois appellate court wiped out a couple's $43 million jury verdict and ordered a third trial in their injury case Monday, saying the trial judge should have done a better job probing their attorney's highly improper blog and social media posts.

Expert Analysis

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

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