Personal Injury & Medical Malpractice

  • November 12, 2024

    Justices Won't Review Family's Suit Over Airport Searches

    The U.S. Supreme Court declined Tuesday to review the dismissal of a Muslim family's challenge to their possible inclusion on a terrorist watchlist.

  • November 08, 2024

    Ill. Assault Rifle Ban Struck As Unconstitutional, AG To Appeal

    An Illinois federal judge Friday overturned the state's law banning AR-15 rifles and other semiautomatic weapons, pointing to U.S. Supreme Court rulings interpreting the Second Amendment to give individuals the broad right to keep and bear firearms, and opining that the debate over guns is a matter of perspective.

  • November 08, 2024

    Combs Suggests $50M Bail As He Loses Bid For Gag Order

    Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.

  • November 08, 2024

    Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit

    A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • November 08, 2024

    Iowa Justices Scotch Record $97M Baby Brain Damage Award

    The Iowa Supreme Court on Friday wiped away the largest medical malpractice verdict in state history after finding that the $97 million award was invalid because the trial judge flubbed the admission of certain evidence regarding a vacuum baby delivery system in a suit over a newborn's permanent brain damage.

  • November 08, 2024

    J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say

    A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.

  • November 08, 2024

    Up Next At High Court: Self-Deportation Deadlines & Murder

    The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.

  • November 08, 2024

    Boeing Wins Discovery Spat In African Airline's 737 Max Suit

    A Washington federal judge has sided with Boeing in a discovery dispute stemming from a lawsuit over fallout from a 737 Max deal, finding the aerospace giant has cited "tangible evidence" that a now-defunct South African airline failed to retain records "obviously relevant" to its claims that it was deceived regarding the jet's safety.

  • November 08, 2024

    Monsanto Judge Pushes Sanction 'Distraction' To After Trial

    A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.

  • November 08, 2024

    Dance School's $30M Abuse Deal Not Covered, Insurer Says

    The insurer for a New Jersey ballet school told a federal court it didn't owe coverage for a $30 million consent judgment reached in a consolidated underlying action brought by former students of the school, citing abuse and molestation exclusions in commercial general liability and umbrella policies.

  • November 08, 2024

    9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal

    A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.

  • November 08, 2024

    'Love Is Blind' Producer Urges Arbitration For Assault Case

    A producer behind the Netflix reality show "Love Is Blind" has asked the Texas Supreme Court to send a former contestant's sexual assault suit to arbitration, arguing that her allegations do not apply to a federal act that invalidates arbitration agreements victims enter into before allegations are made.

  • November 08, 2024

    Special Master Recommends $7.8M For Flint Plaintiffs' Attys

    A Special Master has recommended that attorneys representing plaintiffs in the Flint Water Crisis litigation receive $7.8 million in fees for their role in securing a $25 million settlement with Veolia North America finalized last month.

  • November 08, 2024

    Clifford Law Sues Ex-Partner For Allegedly Poaching Clients

    An Illinois firm specializing in personal injury and wrongful death cases has accused a former partner of stealing clients when he left the firm in February and not making appropriate arrangements for his former firm to get fees for certain cases.

  • November 07, 2024

    3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

    Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

  • November 07, 2024

    DOD Secretary's Withdrawal From 9/11 Plea Deals Overturned

    A military judge has said U.S. Department of Defense Secretary Lloyd Austin lacked the authority to withdraw from plea agreements with the alleged main planner of the 9/11 terrorist attacks and two co-defendants that spared them the death penalty, overturning Austin's decision.

  • November 07, 2024

    Sig Sauer Customers Want Class OK In Safety Suit

    A law enforcement officer has asked a federal judge to certify a class of Missouri consumers who allege that Sig Sauer's P320 is defectively designed and is ready to fire as soon as a round is chambered, saying Missourians who bought the gun have been duped by Sig Sauer.

  • November 07, 2024

    State Farm Owes No Coverage For Exec In Fatal Crash Suit

    A repair company's president who was involved in a fatal accident while driving a truck he personally owned but also used on the job can't be covered under its commercial auto policies, an Alaska federal court ruled, noting it's undisputed he was on a personal errand at the time.

  • November 07, 2024

    Albany, NY, Nursing Home Hit With $2M Verdict Over Death

    A New York federal jury has hit the Albany County Nursing Home with a $2 million verdict in a suit by a woman alleging the staff neglected her father and did nothing as he lay dying in bed.

  • November 07, 2024

    Conn. Injury Atty Beats Referral Fee Claims At Jury Trial

    A Connecticut jury has handed Milford attorney Jill M. McGoldrick a victory in a contract and consumer protection claim by Donald M. Brown, a lawyer who sought a cut of a settlement McGoldrick obtained for a personal injury client who originally hired Brown.

  • November 07, 2024

    NJ Atty Accused Of Ending Assault Suit Without Client's OK

    A New Jersey lawyer has been slapped with a malpractice suit from a former client who alleges he not only mishandled her claims surrounding a supposed sexual assault she endured on a work trip to Atlantic City, but that he agreed to dismiss a lawsuit without informing her.

  • November 07, 2024

    Fla. Law Firms Accused Of Mishandling Brain Injury Case

    Three Florida law firms are facing a malpractice suit by the victim of a car accident who claims his attorney blew his chance at a $2.5 million recovery by failing to respond to at least nine discovery requests and repeatedly missing court deadlines.

  • November 07, 2024

    Atty Says Ex-Colleague Can't Escape Assault Claim

    A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.

  • November 07, 2024

    Ga. Judge Recuses Himself From Ga. School Shooting Case

    The Georgia judge overseeing the Apalachee High School shooting case recused himself Wednesday due to his upcoming retirement.

  • November 07, 2024

    Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict

    A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Opinion

    US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

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