Personal Injury & Medical Malpractice

  • November 18, 2024

    Justices Pass On Coverage Row Over Wood Treatment Injury

    The U.S. Supreme Court on Monday declined to take up an insurer's argument that a wood treatment product maker's policy excludes coverage of an underlying suit over a man's cancer diagnosis following decades of exposure to the chemical.

  • November 15, 2024

    Murdaugh's Ex-Banker Wins New Trial Over Juror Removal

    A bank executive who helped disgraced lawyer Alex Murdaugh steal client money deserves a new trial because a juror was inappropriately removed during deliberations, the Fourth Circuit has ruled in an issue of first impression.

  • November 15, 2024

    Court Urged To Find OnlyFans Promoted Alleged Rape Video

    A Florida woman whose alleged rape video was posted to OnlyFans asked a federal court on Friday to reject a report recommending dismissal of her lawsuit because the company can't be held liable under the Communications Decency Act, saying she never approved the video's upload.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Social Media Cos. Must Face Schools' Public Nuisance Claims

    Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.

  • November 15, 2024

    Kroger, Texas Ink $83M Deal Over Opioid Crisis

    Texas announced it has agreed to an $83 million settlement with Kroger to resolve the state's claims alleging the groceries and pharmacy chain maintained practices that contributed to the opioid crisis in Texas, apparently as part of a larger $1.37 billion agreement the retailer recently reached with several states.

  • November 15, 2024

    Malcolm X's Family Says Feds, NYPD Hid Murder Involvement

    The daughters of civil rights leader Malcolm X on Friday claimed that the U.S. Department of Justice, FBI, CIA, New York City Police Department and other government agencies ignored threats against their father's life, hampered his efforts to protect himself and covered up governmental involvement in his 1965 assassination.

  • November 15, 2024

    Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs

    A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.

  • November 15, 2024

    Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.

    The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.

  • November 15, 2024

    Sikorsky Stalling On Discovery In Fatal Crash Suit, Victims Say

    Sikorsky Aircraft Corp. is wrongfully withholding discovery until a Pennsylvania federal court hears a promised request to transfer a fatal Canadian military helicopter crash lawsuit to Connecticut, according to a Friday letter by attorneys for the estates of the six crash victims.

  • November 15, 2024

    GM's Cruise Accepts $500K Criminal Fine Over Robotaxi Crash

    Cruise LLC, the autonomous vehicles subsidiary of General Motors Co., has agreed to pay $500,000 in criminal fines to end claims that it made false statements to federal highway investigators by omitting that one of its vehicles dragged a pedestrian over 20 feet, according to an announcement by federal prosecutors.

  • November 15, 2024

    Veterans Seek Class Certification In Burn Pit Injuries Suit

    A pair of veterans alleging the military misclassified their burn pit injuries as not combat-related have told a D.C. federal judge that they satisfied the criteria for size and common relief sought to proceed as a certified class.

  • November 15, 2024

    Insurer Drops Daycare Abuse Suit Following Settlement

    A Michigan federal court formally dismissed an insurer's declaratory action seeking to avoid covering a daycare and a former employee in an underlying lawsuit accusing the employee of physically and emotionally abusing three children, finding the matter is now moot since the underlying parties reached a settlement.

  • November 15, 2024

    Bid To Exit Sub Death Suit Premature, Explorer's Family Says

    The family of the French explorer who died in the Titan submarine implosion has hit back at the OceanGate CEO family's bid to exit the wrongful death suit, saying that the family is oversimplifying the case and that there are too many moving parts to warrant dismissal this early in the case.

  • November 15, 2024

    Ga. Attys Named Co-Class Counsel In BioLab Fire Suit

    The judge overseeing a proposed class action filed against chemical manufacturer BioLab Inc. in the aftermath of an industrial fire at its Conyers, Georgia, plant gave four firms the green light to take the helm of the plaintiffs' case, clearing the way for the filing of a consolidated amended complaint.

  • November 15, 2024

    Girardi Seeks Sentencing Delay Amid Atty's Departure

    Disbarred attorney Tom Girardi is asking a California federal judge for more time before his sentencing date because a key member of his legal team is leaving the Federal Public Defender's Office on Monday.

  • November 15, 2024

    Monsanto Cleared In Philly's 7th Roundup Trial

    A Philadelphia jury on Friday cleared Bayer AG unit Monsanto of liability in a woman's lawsuit alleging she developed cancer by using the weedkiller Roundup, delivering the agrochemical giant its third victory in the city's mass tort.

  • November 15, 2024

    Attys Get 'Final Warning' In Tepezza Hearing Loss MDL

    A magistrate judge has chastised attorneys on both sides of multidistrict litigation involving claims that a thyroid eye disease treatment manufactured by Horizon Pharmaceuticals Inc. causes hearing loss, calling for an end to their "improper" conduct during depositions.

  • November 15, 2024

    Conn. Atty Resolves $80K Labor Dept. Reimbursement Suit

    A personal injury attorney in Connecticut said Friday she has "resolved" a lawsuit brought by the federal government that demanded she pay $80,000 to reimburse the U.S. Department of Labor for workers' compensation payments to two of her clients.

  • November 15, 2024

    HOA's Insurer Says Pool Chemical Injury Suits Aren't Covered

    A homeowners association's insurer told a Virginia federal court it needn't cover underlying lawsuits alleging a lifeguard employed by the association's contractor allowed hazardous chemicals to spread and hurt pool patrons, arguing that its commercial general liability policy excluded bodily injury as a result of pollutants.

  • November 15, 2024

    Ga. Law Firm Hit With Proposed Class Action Over Data Breach

    Atlanta-based personal injury law firm Montlick & Associates PC has been hit with a proposed class action in Georgia federal court over an August data breach that compromised the private information of clients and employees.

  • November 15, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.

  • November 14, 2024

    Ex-Ga. Rep. Doug Collins To Head Trump's Veterans Affairs

    President-elect Donald Trump announced Thursday that his administration's U.S. Department of Veterans Affairs will be led by former Rep. Doug Collins, a Republican from Georgia and an attorney who steered Trump's defense during his impeachment by the House.

  • November 14, 2024

    Insurer Says Mich. Lawyers Lying About Its Auto Coverage

    A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.

  • November 14, 2024

    Giuliani Can't End Dominion Exec's Suit Over Election Lies

    A Colorado Court of Appeals panel on Thursday ruled Rudy Giuliani can't dismiss a former Dominion Voting executive's defamation suit under anti-SLAPP law, largely carrying over the reasoning of its prior decision on a similar appeal by the Trump campaign and other defendants in the same case.

Expert Analysis

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

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