Personal Injury & Medical Malpractice

  • March 31, 2025

    Boston Bomber Judge Won't Recuse From Juror Bias Inquiry

    A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.

  • March 29, 2025

    Up Next At High Court: Terror Liability, Health Provider Choice

    The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers. 

  • March 28, 2025

    Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels

    Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.

  • March 28, 2025

    Purdue Lawsuit Injunction Extended Ahead Of Plan Hearings

    Bankrupt drugmaker Purdue Pharma LP received a further extension of a bar on litigation against the company and its owners in the Sackler family as the debtor pursues a late May approval of a disclosure statement describing a Chapter 11 plan premised on a $7.4 billion settlement of opioid claims.

  • March 28, 2025

    Water Park Injury Award Coverage Capped At $1M, Court Told

    An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.

  • March 28, 2025

    AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits

    An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.

  • March 28, 2025

    Judge Won't End Atty Dispute Over Beirut Bombing Suit

    A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.

  • March 30, 2025

    Safari Co. Seeks Arbitration In Hippo Attack Death Suit

    A Connecticut-based tour operator says a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during an African safari belongs in arbitration, promising to contest claims by the woman's husband and estate.

  • March 28, 2025

    Haiti Ex-Mayor Convicted Of Visa Fraud Over Violence

    A Boston federal jury on Friday convicted a former Haitian mayor of lying on a visa form about his involvement with an extrajudicial killing and attempted murders before fleeing the island country and seeking permanent residence in the United States.

  • March 28, 2025

    Stay Of Sex Assault Suits Sought After Foreman's Death

    The death of George Foreman has prompted two women suing the late boxer in California federal court for sexual assault to request a 90-day pause in their lawsuits until a legal representative can be appointed.

  • March 28, 2025

    Ex-Paralegal Sues Ga. Personal Injury Firm Over 658 OT Hours

    An Atlanta-based personal injury law firm didn't pay a former paralegal for 658 hours of overtime, and it erroneously considered her a salaried-exempt employee, according to a lawsuit filed in Georgia federal court.

  • March 28, 2025

    1st Circ. Clears Way For Karen Read Retrial

    The First Circuit won't stand in the way of a retrial set to start Tuesday for Karen Read, the Massachusetts woman who is charged with hitting her Boston police officer boyfriend with her SUV and leaving him to die three years ago.

  • March 27, 2025

    Nuture Can't Escape Parents' Heavy Metal Baby Food Case

    Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.

  • March 27, 2025

    Tesla Faces Fraud Claims Over Fatal Autopilot Crash

    A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.

  • March 27, 2025

    Diocese Creditors Gain Access To Abuse Claim Data In Ch. 11

    Creditors of the Archdiocese of San Francisco will have access to records of the archdiocese's independent review board after a California bankruptcy judge said production of the documents serve a valid purpose in its Chapter 11 case.

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Senate Panel Grills FAA, Army On DCA Midair Collision

    U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.

  • March 27, 2025

    Barretts Mediator Feinberg Blames Committee For Impasse

    The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."

  • March 27, 2025

    Royal Caribbean Seeks Arbitration In Hidden Camera Lawsuit

    Royal Caribbean Cruises Ltd. is pressing a Florida federal court to force an Iowa family to arbitrate their damages claim after a now-former employee secretly placed a hidden camera in their underage daughter's cabin, saying there was no physical injury that would exempt the claim from an underlying arbitration clause.

  • March 27, 2025

    Mich. Panel Sets Liability Precedent For Sports Facilities, Refs

    In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.

  • March 27, 2025

    FCA Suit Alleging Unnecessary Spinal Surgeries Avoids Dismissal

    A Washington federal judge declined Wednesday to toss the state and federal government's suit alleging a hospital operator made millions of dollars by submitting false claims to Medicaid and Medicare for medically unnecessary surgical procedures.

  • March 27, 2025

    Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal

    A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.

  • March 27, 2025

    Fla. High Court Widens Anti-SLAPP Rights In Blogger Suit

    A split Florida Supreme Court on Thursday expanded the right of a Miami-area blogger to challenge a defamation lawsuit, allowing state appellate courts to review rulings denying bids to toss such complaints based on strategic lawsuits against public participation provisions, or anti-SLAPP, before those cases have concluded.

  • March 27, 2025

    Texas Law Firm Must Face 2nd Firm's Paxil Fees Suit

    A Texas appellate court affirmed Thursday that a law firm battling its former co-counsel over the proceeds of lawsuits concerning the antidepressant drug Paxil can't use the state's anti-SLAPP statute to avoid a breach of contract claim but tossed an award of $100,000 in attorney fees.

  • March 27, 2025

    Panera Franchisee Blames Insurer For Slip-And-Fall Payout

    A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.

Expert Analysis

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

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