Personal Injury & Medical Malpractice

  • July 08, 2024

    Clinic Is Liable For Botched Operations, NC Justices Told

    A patient claiming she underwent unnecessary and flawed spinal surgery at the hands of a defrocked doctor urged the North Carolina Supreme Court on Friday to let stand a ruling that the practice where he worked and its physicians can be held liable for her treatment.

  • July 08, 2024

    Patient Says Health System Shares Data With Meta, Google

    Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.

  • July 08, 2024

    Celebrity Cruises Morgue Cooler Breakdown Suit Advances

    A Florida federal judge on Monday denied a bid by Celebrity Cruises Inc. to prevail in a suit alleging that it mishandled the body of a passenger who died during a cruise, saying there's a dispute about when the cruise line should have known that its morgue cooler had malfunctioned.

  • July 08, 2024

    9th Circ. Revives Liability Claims In Welder's Injury Suit

    The Ninth Circuit has mostly reversed a summary judgment order that freed a hoist maker and maintenance company from product liability and negligence claims by a welder who was injured when the hoist came loose and struck him in the head.

  • July 08, 2024

    Rite Aid Says Elixir Buyer In Contempt Over Liability Dispute

    Bankrupt pharmacy chain Rite Aid has asked a New Jersey bankruptcy judge to find the purchaser of its prescription benefits subsidiary in contempt, saying the buyer is defying his orders by refusing to assume $200 million of the subsidiary's liabilities.

  • July 08, 2024

    Anesthesia Death Trial Ends In $15.4M Award For Estate

    A Connecticut anesthesiology group must pay $15.4 million to the estate of a 57-year-old woman who suffered cardiorespiratory collapse and severe brain damage during a routine 20-minute outpatient gastroenterology imaging procedure and died a month later in an intensive care unit, a state superior court jury has decided.

  • July 08, 2024

    Ex-OneTaste Staffer Says Atty Forced Her To Play The Victim

    A former employee of sexual wellness company OneTaste is suing her former lawyer, saying he conspired with the FBI to present her as a victim of a forced labor conspiracy while she maintains she was not.

  • July 08, 2024

    Baldwin's Role As 'Rust' Producer Off Limits At Trial

    A New Mexico state judge ruled Monday that Alec Baldwin's role as a producer of "Rust" is irrelevant to the involuntary manslaughter charges he faces in the shooting death of the movie's cinematographer, cutting off a key theory of the prosecution's case against the actor on the eve of his trial.

  • July 08, 2024

    Boeing To Plead Guilty, Pay $243M Fine In DOJ 737 Max Deal

    Boeing has agreed to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing late Sunday.

  • July 05, 2024

    Feds Slam Girardi's 'Last Ditch Effort' To Block Evidence

    Prosecutors urged a California federal judge Friday to reject Tom Girardi's bid to suppress evidence collected without a search warrant from his law firm's bankruptcy trustee, arguing that the trustee had control of the firm's books and records and had the power to voluntarily produce the documents for the disgraced attorney's wire fraud case.

  • July 05, 2024

    Fired Atty Only Gets $9K From $1.5M Motorcycle Crash Deal

    A Connecticut appeals court ruled Friday that $9,000 was a fair payment to a personal injury attorney who was fired after he quickly obtained a $100,000 settlement offer for a motorcyclist who eventually settled for $1.5 million.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Ex-BigLaw Atty Settles Defamation Suit Against Influencer

    Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    Attorney In 'Tears' Admitted To Malpractice, Pa. Suit Claims

    A former attorney at Rubin Glickman Steinberg & Gifford was in "tears" when he allegedly admitted to legal malpractice by waiting too long on a Pennsylvania woman's medical malpractice case, the former client claimed in a lawsuit filed against the lawyer and the law firm in state court.

  • July 03, 2024

    24 AGs Urge High Court To Preserve Ghost Gun Regs

    A coalition of 24 attorneys general urged the U.S. Supreme Court to uphold a new federal regulation regarding the weapon parts kits consumers can purchase and use to build ghost guns — firearms without serial numbers — treating them the same way preassembled firearms are, saying the new rule is "crucial to preventing and solving violent, firearm-related offenses."

  • July 03, 2024

    Fla. Court Nixes $5.5M Award In Patient Stroke Suit

    A Florida state appellate panel on Wednesday vacated a $5.5 million award in a suit accusing a cardiologist of causing a woman's incapacitating stroke due to alleged medical malpractice, saying the doctor was unfairly denied the opportunity to blame a nonparty surgeon.

  • July 03, 2024

    Ind. Panel OKs Coverage For Taiwanese Chemical Co. Owners

    An Indiana appeals court ruled that a Taiwanese company's owners were additional insureds and that an insurer could not stack various policies' deductibles and retentions to reduce the coverage it owed for defense costs of a chemical exposure class action.

  • July 03, 2024

    Panel Says Settlement Evidence Was 'Harmless' In Injury Case

    The Georgia Court of Appeals on Tuesday said a trial court was right to let a hospital tell jurors about a surgeon's settlement with a man who sued over postsurgery complications, saying it is "highly probable" that the evidence didn't contribute to a jury verdict in the hospital's favor.

  • July 03, 2024

    Publix Owes Woman $4.2M In Slip-And-Fall Suit, Jury Finds

    A Florida jury has awarded a woman more than $4.2 million in damages for injuries she sustained while shopping at a Publix supermarket, finding after a trial in state court that the company was negligent for causing her health problems after she slipped and fell on water in the store's produce department.

Expert Analysis

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

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