Personal Injury & Medical Malpractice

  • March 19, 2025

    Utah Hospital Can't Nix EMTALA Claim In Suicide Attempt Suit

    A Utah federal court denied a hospital's second attempt to toss a patient's claim under the Emergency Medical Treatment and Active Labor Act, finding that facts remain in dispute regarding the patient's admittance and subsequent transfer to another facility following a suicide attempt.

  • March 19, 2025

    Sotera Beats Shareholder Suit Over Sterigenics Emissions

    Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.

  • March 19, 2025

    NFL Keeps Delaying Wrongful Death Suit, NJ Widow Says

    A widow in New Jersey, who is suing the NFL alleging it overworked her late husband to the point of exhaustion and caused his fatal car accident, has told a state court the organization is needlessly trying to delay the case with several postponements already on the record and a recent request for another.

  • March 19, 2025

    Monsanto Lawyers Face Reduced Penalties Over PCB Reports

    A Washington state judge has partially reconsidered a decision to personally sanction eight attorneys representing Monsanto for late disclosure of expert reports ahead of a Seattle PCB tort trial, downgrading some of the penalties while still concluding the defense team deliberately violated a court scheduling order at the company's behest.

  • March 19, 2025

    Plane Parts Maker Beats NC Appeal In Fatal Crash Suit

    Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.

  • March 19, 2025

    Procedural Flub Ends Peeping Nurse Appeal, NC Panel Says

    A North Carolina state appellate panel on Wednesday axed an appeal in a negligence suit alleging a county allowed a nursing assistant to secretly film women at a county-owned clinic, saying the court lacks jurisdiction because the order being appealed wasn't final.

  • March 19, 2025

    Court OKs Cement Co.'s $12 Million For Pa. Worker's Fatal Fall

    A Pennsylvania cement company will pay $12 million to the family of an ironworker who fell to his death while trying to set up a temporary catwalk, the family's lawyers announced Wednesday.

  • March 19, 2025

    LA City Office Claims Group Ran Illegal STR Scheme

    A group advertised and rented out illegal short-term and long-term rentals in Los Angeles and also illegally jacked up rent prices after the January wildfires occurred in LA, the LA City Attorney's Office alleged in a state court suit.

  • March 19, 2025

    Alex Jones' Sandy Hook Atty Wants Suspension Halved

    A Connecticut attorney suspended for two weeks over his role in the mishandling of Sandy Hook families' confidential records has asked a state court judge to credit him for a weeklong suspension he served more than two years ago and to pause the order while he appeals.

  • March 19, 2025

    Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid

    An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.

  • March 19, 2025

    3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling

    Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.

  • March 19, 2025

    Defunct Mass Tort Firm Can Keep Fee Split Arbitration Award

    A Pennsylvania federal judge has declined to vacate or modify an arbitration panel's decision on how to split the fees of two cases among three former principal owners of a dissolved law firm for plaintiffs, saying the defendant in the fee dispute did not present a strong enough argument to reverse the findings.

  • March 19, 2025

    Atty Fees Not Covered In Nursing Home Coverage Dispute

    An Illinois federal court refused to rethink its finding that an insurer needn't cover a $666,000 attorney fee award against a nursing home operator in a wrongful death suit, saying in an amended ruling that the fees aren't covered damages under the policy or Illinois' Nursing Home Care Act.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    Connecticut Jury Awards $5.7M To Murder Exoneree

    A Connecticut federal jury on Wednesday handed an exonerated murder defendant $5.7 million, finding a town police officer negligent for failing to stop evidence fabrication by a state police interrogator.

  • March 19, 2025

    Legal Advertising Co. Escapes Texas Hurricane Ad Suit

    An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.

  • March 19, 2025

    Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement

    Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.

  • March 18, 2025

    Quaker Oats Beats Pesticide Suit As Judge Cites EPA Limits

    An Illinois federal judge threw out a putative class action Tuesday accusing Quaker Oats Co. of misleadingly marketing its products as healthy despite the presence of pesticides, saying the chemical levels identified in the case are far below the limits set by the U.S. Environmental Protection Agency.

  • March 18, 2025

    What To Know About Trump's Pick To Lead The FAA

    President Donald Trump's selection of Republic Airways CEO Bryan Bedford to serve as administrator of the Federal Aviation Administration would send a longtime airline executive and licensed pilot to oversee an agency upended by safety mishaps that have intensified scrutiny of the nation's air traffic control system.

  • March 18, 2025

    'Disturbed' Singer Down With Sickness From Mold Sues Landlord

    The lead singer of the rock band Disturbed has brought a lawsuit against the owner of the Miami-area digs he was renting for $18,500 a month, saying mold spawned by a leaky roof created a condition that impacted his ability to tour with his band.

  • March 18, 2025

    Ga. School District, Mother Of Suicide Victim End Lawsuit

    A Georgia school district and a mother have agreed to end a legal dispute over claims the district did not do enough to stop the bullying that allegedly led to her son's suicide, according to a stipulation of dismissal filed in federal court.

  • March 18, 2025

    Ohio Appeals Court Blocks Trans Care Restrictions

    An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state. 

  • March 18, 2025

    Feds Say Wash. Hospital Can't Strike Facts From Fraud Suit

    The government has accused a hospital operator in Washington state of "grasping at straws" by trying to strike inconvenient facts from the court record in a bid to defeat a False Claims Act lawsuit, a tactic prosecutors urged the court to see through and reject.

  • March 18, 2025

    NJ Retailer Settles Suit Over Ammo Sold To Undercover Cops

    A Garden State firearms retailer has agreed to establish procedures to make sure that it does not sell guns to unauthorized people, under a court-ordered settlement with the New Jersey attorney general.

  • March 18, 2025

    Karen Read Asks 1st Circ. To Intervene As 2nd Trial Looms

    Karen Read on Tuesday asked the First Circuit to consider her so far unsuccessful bid to claim double jeopardy to avoid another trial for allegedly killing her boyfriend with her SUV, telling the panel that the trial judge assumed, but never verified, that the first jury was deadlocked on all charges.

Expert Analysis

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

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