Personal Injury & Medical Malpractice

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Ex-DEA Agent Told Jury Chiquita Was 'Victimized' By Militants

    A former U.S. Drug Enforcement Administration agent took the stand Friday in the federal trial against Chiquita Brands International Inc., testifying to jurors in Florida court that right-wing paramilitary group Autodefensas Unidas de Colombia was the leading supplier of cocaine and "victimized" the company by using it to smuggle drugs.

  • May 31, 2024

    Monsanto PCB Plaintiffs Want $185M Wash. Win Restored

    A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision overturning their $185 million win in a PCB tort against Monsanto, contending the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.

  • May 31, 2024

    Girardi Not Famous Like Avenatti, Feds Say In Panning Jury Form

    Prosecutors pushed back Friday on Tom Girardi's request to ask prospective jurors in his California federal fraud trial if they have seen his wife's television show or reports about his law firm's scandal, saying Girardi's fame is not similar to convicted attorney Michael Avenatti's, whose case included a written juror questionnaire.

  • May 31, 2024

    'Alkaline Water' Blamed For Liver Failures In Latest Trial

    Eight Las Vegas residents on Friday became the latest group to try claims against an "alkaline water" company whose manufacturing process, their lawyer told a jury, introduced a chemical that caused their livers to fail.

  • May 31, 2024

    Martinelli & Co. Sued Over Arsenic In Apple Juice

    A consumer hit S. Martinelli & Co. with a proposed class action in New York federal court Friday over allegations that the company failed to disclose that its apple juice contains arsenic, saying a recent recall campaign has been "a complete and abject failure."

  • May 31, 2024

    RJR Hit With $9.3M Verdict For Smoker's Death

    A Florida jury on Friday awarded more than $9 million to the family of a man who died of chronic obstructive pulmonary disease and heart disease, and assigned almost all the blame for his death to R.J. Reynolds Tobacco Co.

  • May 31, 2024

    Ga. Skate Rink Calls Insurer's Policy Interpretation 'Worthless'

    The owner of an Atlanta skate rink told a Georgia federal judge Thursday that its insurance company's bid to get out of defending a rape liability suit is a nonstarter, arguing that the insurer's take on its policy would render it "illusory, meaningless, and worthless."

  • May 31, 2024

    Ex-GOP Candidate Sues Air Force Over Records Disclosure

    A former Republican U.S. House candidate alleged in a new lawsuit in D.C. federal court that the U.S. Department of the Air Force illegally disclosed her confidential military records to a Democratic-linked research firm in the run-up to election day, contending the disclosure violated the federal Privacy Act.

  • May 31, 2024

    Edelson Calls Coach's Attack On Abuse Suit 'Meritless'

    Edelson PC is urging a Cook County judge to toss a lawsuit from youth volleyball coach Rick Butler and his volleyball club looking to hold the firm liable for lodging allegedly "bogus" sex-abuse claims against the coach, calling it a "meritless" attempt to rehash their failed federal sanctions bid.

  • May 31, 2024

    Michigan Justices Say Treadmill Claims Not Filed Too Late

    The Michigan Supreme Court on Friday revived a woman's claims against a delivery company she says negligently installed her treadmill, saying the state court claims related back to her timely filed claims in a previously dismissed federal court case with the same allegations.

  • May 31, 2024

    Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

    In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

  • May 31, 2024

    A Potential Tipping Point For Transgender Athlete Litigation

    After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.

  • May 31, 2024

    Texas Justices Take On Reach, Timing Of Atty Solicitation Law

    The Texas Supreme Court agreed Friday to consider whether personal injury attorneys can face claims they paid "case runners" to solicit grieving families in Louisiana and Arkansas, saying it will examine whether the state's barratry statute extends to out-of-state conduct and the applicable limitations period.

  • May 31, 2024

    Weight Loss Drug Caused Stomach Paralysis, Suit Says

    A Kentucky woman on Friday sued Novo Nordisk A/S and its affiliates in federal court, alleging that the company failed to warn patients that its weight loss treatment Saxenda carried the risk of incurable stomach paralysis.

  • May 31, 2024

    Beasley Allen Wants J&J Subpoenas Nixed Amid Ethics Fight

    The Beasley Allen Law Firm and a plaintiff steering committee in the Johnson & Johnson talc litigation blasted subpoenas directed at the firm and others aimed at turning up evidence of an alleged scheme to muster opposition to J&J's latest $6.5 billion bankruptcy plan.

  • May 31, 2024

    Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit

    A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.

  • May 30, 2024

    Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit

    Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.

  • May 30, 2024

    Real Estate Investor Beats Niece's Suit Over Fall At LA Home

    Real estate investor and philanthropist Stanley Black can't be held liable for injuries suffered by his niece when she tripped and fell on the driveway of his Sunset Boulevard mansion, a California state appeals court has ruled, saying there's no evidence of defects on the driveway she walked on many times before.

  • May 30, 2024

    FAA Caps 737 Max Production Amid Boeing Safety Plan Fixes

    The Federal Aviation Administration said Thursday it will continue to limit Boeing's production of 737 Max jets as the company presses ahead with overhauling its safety culture under an FAA-mandated corrective action plan following January's midair blowout aboard an Alaska Airlines flight.

  • May 30, 2024

    UPenn Retools Fight Against Defamation Suit Over Email

    An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.

  • May 30, 2024

    NFL Kicker Accused Of Sexually Assaulting Flight Attendants

    Two flight attendants who worked on a transatlantic charter flight for the Jacksonville Jaguars have sued the team and kicker Brandon McManus in Florida state court, alleging he sexually assaulted them during the eight-hour flight to London.

  • May 30, 2024

    Dollar General Gets To Close Door On Injury Suit

    The Georgia Court of Appeals has shut down a patron's suit against Dollar General Store alleging she injured her hand closing a faulty door, saying the hazard was not hidden, she had as much knowledge of it as employees, and she'd negotiated the door successfully earlier the same day.

  • May 30, 2024

    Judge Exits Military Families' Suit Over Fatal Osprey Crash

    A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.

  • May 30, 2024

    Transportation Co. Must Face Negligence Claims In Crash Suit

    A Texas federal judge isn't letting Panther II Transportation Inc. escape negligence claims from a suit alleging one of its drivers hit a vehicle on the highway, finding there's sufficient evidence for a jury to conclude the company should have known the driver posed a risk without additional training.

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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