Personal Injury & Medical Malpractice

  • August 23, 2024

    Allstate Can't Get Injunction To Stop 'Smear Campaign'

    A Colorado federal judge said she could not issue an injunction to force a former insurance agent whom Allstate alleges is conducting a "smear campaign" against it to immediately remove web content accusing the insurer of selling its customers' personal information to child rapists and sex traffickers.

  • August 23, 2024

    Newark Seeks To Toss Claims In Suit Over Deadly Port Fire

    The Garden State's largest city is asking a New Jersey federal court to toss negligence cross-claims against it in complex litigation surrounding a deadly ship fire at the Port of Newark in July 2023.

  • August 23, 2024

    Starbucks Sued By Woman Burned By Spilled Hot Coffee

    A Los Angeles woman has hit Starbucks Corp. with a suit alleging she was burned in a drive-through when the faulty lid of her coffee cup came off as she was being served, and the excessively hot coffee spilled out and scalded her.

  • August 23, 2024

    American Airlines Keeps Win In Passenger's False Arrest Suit

    A Texas appellate court has upheld the dismissal of a passenger's suit against American Airlines Inc. over his misidentification and wrongful arrest, saying the airline and its then-employee did not have a duty to protect him from false arrest or keep his information from law enforcement when lawfully subpoenaed.

  • August 23, 2024

    Client Wants Atty's Wife Held In Contempt In Malpractice Case

    A couple awarded a $1.2 million default malpractice judgment against their former lawyer have asked a Colorado state judge to hold the attorney's wife in contempt after she said in a deposition she failed to check whether she and her husband had joint bank accounts or to bring documents, as required by a subpoena. 

  • August 23, 2024

    737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal

    Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.

  • August 23, 2024

    Sale Sought For Assets Of Alex Jones' Co.

    The court-appointed trustee in Alex Jones' bankruptcy case has asked a Texas judge to authorize the liquidation and wind-down of Free Speech Systems LLC, arguing that Jones' estate wholly owns the company and that it has valuable assets to monetize.

  • August 23, 2024

    The Biggest Texas Trial Rulings Of 2024: Midyear Report

    Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.

  • August 23, 2024

    Border Agent Charged With Making Migrants Expose Breasts

    An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.

  • August 23, 2024

    Georgia Cases To Watch In The Last Half Of 2024

    The prosecutions of former President Donald Trump and his election interference case codefendants, along with Atlanta rapper Young Thug's bid to have the judge overseeing his racketeering trial removed from the case, will take center stage in Georgia's courts as we enter the second half of 2024.

  • August 23, 2024

    San Antonio Litigator Killed In Apparent Murder-Suicide

    A prominent San Antonio personal injury attorney was apparently killed at his home earlier this week by his wife, who then killed herself.

  • August 23, 2024

    Chicago White Sox Sued Over Ballpark Shooting

    The Chicago White Sox and the owners of Guaranteed Rate Field have been sued in Illinois state court by an unnamed woman who was shot during a baseball game a year ago and claims they acted with "an utter indifference" for her safety and welfare.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    Messner Reeves Commercial Litigator Jumps To Gordon Rees

    A former Messner Reeves LLP partner has jumped to Gordon Rees Scully Mansukhani LLP in San Diego to bolster its services in product and general liability matters, catastrophic brain injury cases and commercial litigation.

  • August 23, 2024

    Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.

    Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.

  • August 23, 2024

    Grocery Chain Wants 'Scandalous' Claims Out Of Allergy Suit

    The estate of a professional dancer who died after eating a mislabeled cookie that contained peanuts should revise its Connecticut state court complaint against a grocery chain and several of its employees to remove "scandalous" and "immaterial" allegations, the defendants said in a new filing.

  • August 22, 2024

    Tatum Avoids Default Loss In Sexual Assault Suit Vs. Celtics

    A woman suing three NBA players and the Boston Celtics over claims the athletes sexually assaulted her won't get a default win against one of the players, a Massachusetts federal judge ruled on Thursday.

  • August 22, 2024

    PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL

    The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.

  • August 22, 2024

    Texas Appeals Knocks $1M Hernia Mesh Fee Ask Down To $135K

    A Texas appeals court on Wednesday upheld an arbitration award of $135,000 in attorney's fees in a decadeslong hernia mesh litigation dispute while denying the firm's request for $1 million.

  • August 22, 2024

    5th Circ. Says No Tolling For COVID, Trims Atty's Conviction

    The Fifth Circuit on Thursday knocked a false statement charge off Houston attorney Richard Plezia's conviction for his involvement in a multimillion-dollar ambulance-chasing kickback scheme but upheld the rest of his conviction, including conspiracy to defraud the U.S. by helping another lawyer evade federal income taxes.

  • August 22, 2024

    3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid

    The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.

  • August 22, 2024

    Zantac Cases Must Remain In State Court, Conn. Judge Rules

    Two groups of patients can continue their lawsuits in Connecticut state court against GlaxoSmithKline LLC, Pfizer Inc. and Sanofi-Aventis US LLC, a judge has ruled, refusing to immediately truncate novel tort claims that seek to connect generic versions of Zantac with cancer.

  • August 22, 2024

    Ga. Appeals Court Tosses Nearly $1M Slip-And-Fall Fee Award

    The Georgia Court of Appeals on Wednesday affirmed a trial court's decision to revoke nearly $1 million in attorney fees from a man who was allegedly injured after falling into a city of Atlanta water meter box while also affirming the trial court's imposition of spoliation sanctions against the city.

  • August 22, 2024

    Ohio Justices Won't Upend Precedent On Service Rules

    The Ohio Supreme Court on Thursday declined to overturn its precedent holding that participation in a case does not mean a defendant has waived a lack of service defense, though one justice urged reform to address the "gamesmanship" that the prior ruling allows.

  • August 22, 2024

    Takata Airbag Victim's Family Sues Dealer, Victims' Trust Fund

    The family of a woman killed by an exploding airbag made by the now-defunct Takata Corp. is suing the Honda dealership that sold the car and a trust fund formed to compensate people injured or killed by the defective airbags.

Expert Analysis

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Weight-Loss Drugs May Spur Next Major Mass Tort

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    With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers

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    The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.

  • Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.

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    The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • A Simple Proposal For Improving E-Discovery In MDLs

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    Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

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    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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