Personal Injury & Medical Malpractice

  • June 12, 2024

    Energy Co. Says Specialist Can't Get Arbitration Exemption

    A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.

  • June 12, 2024

    Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told

    A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship​​ P320, counsel for the man told a Georgia federal jury Wednesday.

  • June 12, 2024

    Ex-WWE Employee's Sex Abuse Suit Paused For 6 Months

    A former World Wrestling Entertainment Inc. legal staffer's sexual abuse and trafficking lawsuit against the company, WWE founder Vince McMahon and a former executive will remain paused until December, a Connecticut federal judge ordered, about two weeks after a prosecutor entered an appearance in the case.

  • June 12, 2024

    Transit Insurer Seeks To Limit Loss From $60M No-Fault Scam

    A taxi and livery insurer told a Brooklyn federal judge Wednesday that it is pursuing settlement in its effort to recoup $3.2 million lost in a massive, $60 million no-fault scam led by a former clinic operator now headed for prison.

  • June 12, 2024

    Dershowitz Wants Jury To Decide Defamation Suit Against CNN

    An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.

  • June 12, 2024

    NJ Judicial Privacy Law Hit With Constitutional Challenge

    Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.

  • June 12, 2024

    FBI Told OneTaste Witness To Delete Evidence, Ex-Execs Say

    Two former executives of sexual wellness company OneTaste Inc. said they uncovered "shocking" evidence that an FBI agent told a former employee of the business and key government witness to delete an old email account, allegedly destroying exculpatory evidence in a forced-labor conspiracy case.

  • June 12, 2024

    Ga. Attys Fight Sanctions In Police Racial Profiling, Death Suit

    Peach State attorneys representing a mother who sued the city of Wrens Police Department for allegedly racially profiling and fatally shooting her son responded to the city's attempt to sanction them and their client for pursuing her claims in Georgia federal court, calling the move "premature, vexatious and oppressive." 

  • June 11, 2024

    Psychiatrist Can't Ax Verdict Over ADHD Drug Death

    A Missouri appeals court on Tuesday refused to let a psychiatrist off the hook for a $5 million jury verdict — later reduced to less than $1 million — that found that he had negligently prescribed amphetamines to a patient with a history of abusing them, ultimately resulting in a brain hemorrhage that killed her.

  • June 11, 2024

    Ohio Justices Will Review Bid To Toss Neck Injury Suit

    The Ohio Supreme Court said on Tuesday it would review an appellate court decision that pulled Mid-Ohio Physicians LLP and one of its doctors back into a medical malpractice lawsuit after they had escaped liability by leaning on the statute of limitations.

  • June 11, 2024

    Tyco's $750M PFAS Deal In Foam Co. MDL Gets Initial OK

    A South Carolina federal judge gave his blessing Tuesday to the $750 million settlement Johnson Controls International PLC subsidiary Tyco Fire Products LP entered to resolve public water systems' federal claims that some forever chemicals they detected in their supplies came from firefighting foam it made.

  • June 11, 2024

    Cannabis Co. Sued Over Veteran's Psychotic Episode

    A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.

  • June 11, 2024

    Judge Says Fla. Trans Medical Care Ban Is Unconstitutional

    A Florida federal judge on Tuesday declared that a state law banning gender-affirming care for transgender minors and restricting it for adults is unconstitutional because it was motivated by animus for a specific group of people and serves no legitimate state interest.

  • June 11, 2024

    Smoking Habit Can't Nix Retired Miner's Black Lung Benefits

    The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.

  • June 11, 2024

    NJ Supreme Court Rejects Bid For Roundup Mass Tort

    The New Jersey Supreme Court has rejected a request for litigation against Monsanto Co. and Bayer AG to be designated as multicounty litigation because there are too few cases, according to a notice to the bar published Monday.

  • June 11, 2024

    Poor Monitoring Killed Anesthesia Patient, Conn. Jury Hears

    An anesthesiology group should be held liable for a patient's death because a doctor and nurse failed to adequately monitor the woman's vital signs through multiple doses of the anesthetic propofol, causing her blood oxygen levels to drop and her heart to stop, a Connecticut jury heard Tuesday morning.

  • June 11, 2024

    Baldwin Urges Court To Block 'Rust' Armorer's Testimony

    Alec Baldwin's legal team has urged a New Mexico state judge to prevent prosecutors from calling a convicted "Rust" film armorer to testify against the actor-producer during his upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.

  • June 11, 2024

    Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case

    The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.

  • June 11, 2024

    Mich. Court Says Insurer Can Yank Benefits For Litigation Lies

    The Michigan Supreme Court unanimously reversed an appeals court decision, ruling Tuesday that misrepresentations made during discovery could prevent the family of a deceased car accident victim from recovering benefits from an insurer assigned to his claim by a state safety net program.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    Wilson Elser Attys Officially Exit Airline Suit After Filing Gaffe

    A Texas state judge has approved American Airlines' request for the departure of its Wilson Elser Moskowitz Edelman & Dicker LLP legal team that blamed a young child for a then-flight attendant's alleged covert bathroom recording, a week after the same lawyers were replaced from a similar suit in North Carolina federal court.

  • June 11, 2024

    FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine

    The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    ATF Says States Lack Standing In Suit Over Gun Show Rule

    The Bureau of Alcohol, Tobacco, Firearms and Explosives told a federal judge in Texas that a coalition of Republican-led attorney generals could not prove how a rule closing the so-called gun show loophole harmed the states.

  • June 10, 2024

    Navy Liable In 'Take-Home' Asbestos Death, Trial Judge Told

    The U.S. Navy can't avoid a $12 million wrongful death suit by arguing asbestos safeguards were only advisory at a Washington state shipyard in the 1970s, counsel to the family of a service member's deceased spouse said Monday at the start of a bench trial.

Expert Analysis

  • 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.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

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