Personal Injury & Medical Malpractice

  • July 31, 2024

    9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid

    A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.

  • July 31, 2024

    Gov't Fights Doctor's Bid For New Trial In NBA Fraud Case

    Federal prosecutors are urging a New York district judge to reject a request for a retrial from a Seattle doctor found guilty for his role in a vast NBA fraudulent healthcare scheme, arguing that it properly admitted its evidence at trial, and it was more than enough to support the guilty verdict.

  • July 31, 2024

    Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees

    A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.

  • July 31, 2024

    737 Max Families Say Boeing Deal 'Morally Reprehensible'

    Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.

  • July 31, 2024

    Authors' Suit Against OpenAI Trimmed To Copyright Act Claim

    A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.

  • July 31, 2024

    Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies

    The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.

  • July 31, 2024

    NJ Clinic Immune From Personal Injury Claims, Panel Rules

    A New Jersey appellate panel has backed the dismissal of a patient's lawsuit alleging that she was seriously injured by a slip and fall at a Garden State health clinic, ruling that the clinic is immune from the suit because it is a nonprofit organized to provide charitable health education services.

  • July 31, 2024

    $7.5M Verdict Over Burger King Fall Axed And Retrial Ordered

    A Florida appeals court on Wednesday wiped out a $7.5 million verdict in favor of a man who slipped and fell in a Burger King bathroom, saying a new trial is warranted to correct the trial court's mistake of letting his expert change his opinion midtrial.

  • July 31, 2024

    NC Defense Attys Say Virus Law Case Can 'Unsettle' Immunity

    A North Carolina defense attorney group asked to jump into a medical malpractice suit in the state's high court Wednesday, offering what it described as a warning that if a decision stands on a COVID-19 law, immunity from lawsuits will be "unsettled."

  • July 31, 2024

    4 Mass. Rulings You May Have Missed In July

    Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.

  • July 31, 2024

    Ex-Chicago Alderman Should Serve Full Supervision, Feds Say

    A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.

  • July 31, 2024

    5 Trials To Watch In The 2nd Half Of 2024

    Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.

  • July 31, 2024

    Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ

    A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.

  • July 31, 2024

    Guatemalan Worker Says Paint Co. Fired Him For Injury

    A Guatemalan worker in the U.S. on a work visa is suing a Connecticut painting company in state court, saying it violated employment laws by failing to pay him his promised salary and firing him after a workplace injury prevented him from being able to do his job.

  • July 30, 2024

    Judge Asks Dish If Circuits Truly Split On Data Breach Claims

    A Colorado federal judge on Tuesday pressed Dish Network Corp. and a group of current and former Dish employees who are suing the company in a putative class action about a ransomware attack last year to address whether there is a split among federal circuits on what allegations are needed to support claims in data breach cases.

  • July 30, 2024

    Fla. Insurance Co. Accused Of Causing Black Mold Death

    A Florida insurance company was accused of wrongfully causing the death of a woman who died from black mold contamination in a state complaint brought by her sole descendant, who alleges the insurer didn't send a promised team to remediate the woman's home after it was damaged by Hurricane Ian.

  • July 30, 2024

    Amazon Must Recall Unsafe Third-Party Products, CPSC Says

    Amazon bears legal responsibility for recalling the hundreds of thousands of products sold by third-party sellers on its site that are defective or fail to meet safety standards, the U.S. Consumer Product Safety Commission found in an order issued Monday.

  • July 30, 2024

    Split 9th Circ. Denies Removal Relief To Cartel Member's Son

    A split Ninth Circuit on Tuesday refused to revive a longtime green card holder's bid for deportation relief, saying evidence that his cartel-member father abused him in the U.S. had no bearing on whether he would be harmed again in Mexico.

  • July 30, 2024

    2024 Product Liability Areas To Watch

    The growing movement in state laws about whether consumers can repair their own products is catching attorneys' eyes, as well as recent changes in rules that govern multidistrict litigation, which often involve pharmaceuticals and medical devices.

  • July 30, 2024

    Meta, TikTok Challenge 'Subway Surfing' Death Claims

    TikTok and Meta Platforms have asked a New York court to separate claims against them in a suit over the death of a teen who allegedly took part in a "subway surfing" social media challenge, saying the claims against them are totally different from claims against a state transportation agency.

  • July 30, 2024

    Colo. Justices Step Into Boulder Climate Change Case

    The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.

  • July 30, 2024

    Mich. Supreme Court Reins In Wrongful-Death Damages

    The Michigan Supreme Court ruled Tuesday that families are not entitled to recover a loved one's future earning capacity as damages in wrongful-death lawsuits, trimming the award potentially available to parents who sued a hospital after their 13-year-old's death from meningitis.

  • July 30, 2024

    Sidney Powell Settles Dominion Exec's Election Lies Suit

    Sidney Powell, a former attorney to Donald Trump, has settled a defamation lawsuit brought by a former executive for Dominion Voting Systems accused of taking part in unfounded 2020 election conspiracy theories.

  • July 30, 2024

    Judge Wants Device Warning Answers From Mich. Justices

    A Michigan federal judge ruled Tuesday that medical device manufacturer NuVasive Inc. must face a patient suit alleging its limb-lengthening device caused metal poisoning, while also asking the Michigan Supreme Court to break its silence on medical manufacturers' duty to warn patients directly. 

  • July 30, 2024

    Monsanto PCB Plaintiffs Say Expert Can Survive Appeals Loss

    A group of families suing Monsanto alleging chemical poisoning urged a Washington state judge on Monday to reject the company's bid to derail their case nearing trial, arguing testimony from an exposure expert cannot be ruled out just because an appellate court struck some of his opinions in a different case.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

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    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Working With Emergency Services: Tips For Frontline Attys

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    The best version of a first responder-crisis lawyer relationship involves one where the first responder can trust the attorney enough to give them all the details, knowing they will exercise discretion in how much they release to the public, say Lauren Brogdon at Haynes Boone, Rick Crawford at the Los Angeles Fire Department and Christopher Sapienza at the Yonkers Police Department.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

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    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

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