Personal Injury & Medical Malpractice

  • November 14, 2024

    Giuliani Can't End Dominion Exec's Suit Over Election Lies

    A Colorado Court of Appeals panel on Thursday ruled Rudy Giuliani can't dismiss a former Dominion Voting executive's defamation suit under anti-SLAPP law, largely carrying over the reasoning of its prior decision on a similar appeal by the Trump campaign and other defendants in the same case.

  • November 14, 2024

    Patient's Trial Testimony Doomed Med Mal Case, Panel Says

    A New Jersey appeals court on Thursday affirmed a doctor's mistrial win in a suit alleging that he failed to diagnose a woman's diabetes, causing serious injuries, saying the woman's own admission on the witness stand made it clear that her claims were untimely.

  • November 14, 2024

    Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs

    An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.

  • November 14, 2024

    Family Sues Suncor, Honeywell Over Worker's Death

    The family of a refinery worker allegedly killed by exposure to toxic chemicals at a Suncor Energy oil refinery near Denver filed a lawsuit Wednesday in Colorado state court against Suncor, Honeywell and the contractor that employed him, claiming liability for the man's death.

  • November 14, 2024

    Maryland Seeks To Undo Litigation Pause In Purdue Appeal

    The state of Maryland argued in New York federal court Thursday that it should be allowed to pursue claims against the Sackler family members who own bankrupt OxyContin maker Purdue Pharma LP, and that a temporary injunction currently blocking a flood of litigation should be thrown out.

  • November 14, 2024

    NY Nursing Homes Ink $45M Deal To End AG's Fraud Suit

    Four New York nursing homes have agreed to a $45 million deal that will end a civil lawsuit brought by the state accusing them of neglecting residents and defrauding Medicare and Medicaid, according to a Friday announcement by New York Attorney General Letitia James.

  • November 14, 2024

    Scooter Victim Can't Show Lime Had Duty Of Care, Panel Says

    A Colorado Court of Appeals panel on Thursday affirmed the dismissal of a woman's negligence suit against an electric scooter company after she was hit by a scooter driver, finding the company's decision to rent out the scooters does not create a duty to protect the public from people's unsafe use of them.

  • November 14, 2024

    Texas Court Tosses Devon Energy Suit Over NM Rig Injuries

    A Texas appeals panel on Thursday threw out a Louisiana worker's suit against Devon Energy Corp. over injuries he sustained while working at a New Mexico drilling rig, saying the trial court was wrong to find that the company had enough contact with Texas to be "at home" and under the court's jurisdiction.

  • November 14, 2024

    Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.

    Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.

  • November 14, 2024

    Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case

    Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.

  • November 14, 2024

    Dick's Settles New Jersey AG's Suit Over Ammunition Sales

    New Jersey and Dick's Sporting Goods Inc. have reached a deal to resolve allegations that the retail chain violated the Garden State's consumer protection laws by selling and shipping large capacity ammunition magazines into the state, New Jersey Attorney General Matthew J. Platkin announced Thursday.

  • November 14, 2024

    Soldier Wants 4th Circ. Redo In Fluor Bombing Case

    An American soldier who was left with multiple neurological disabilities after a suicide bombing at Bagram Airfield in Afghanistan called for a rehearing on the Fourth Circuit's split panel decision not to revive his tort claims against Fluor Corp., the contractor who hired the bomber to work the airfield.

  • November 14, 2024

    Termination Agreement Sinks Pastry Shop Injury Suit

    A Pennsylvania appeals court won't revive an injury claim from a man who says he fell while delivering baked goods to Martin's Famous Pastry Shoppe Inc., saying an agreement to terminate their working relationship released any claims related to that relationship.

  • November 14, 2024

    Ex-Kline & Specter Atty Says Firm Tried To Stop Departure

    Philadelphia-based personal injury firm Kline & Specter PC and its namesake partners have been hit with another lawsuit filed by a former associate alleging mistreatment at the firm.

  • November 13, 2024

    Texas Court OKs Med Mal Death Suit, Expert Report

    A Texas appellate court has declined to dismiss a medical malpractice suit accusing an emergency medical clinic of failing to diagnose a man's heart disease which caused his fatal cardiac arrest, saying the plaintiffs' medical expert's mandatory report satisfies state guidelines.

  • November 13, 2024

    Ozempic MDL Plaintiffs Say Eli Lilly, Novo Nordisk Hid Risks

    Patients accusing Novo Nordisk and Eli Lilly & Co. of failing to warn them about the risks associated with Ozempic and other such medications on Wednesday filed a massive master complaint in the sprawling multidistrict litigation centralized in the Eastern District of Pennsylvania.

  • November 13, 2024

    Transport Co. Wants To End Calif. Family Separation Suit

    Transportation services provider MVM Inc. urged a California federal judge to toss a proposed class action by a father and son who were separated after crossing the border, arguing Tuesday the Trump-era separation policy was enacted by the U.S. government, and that MVM was simply executing its contractual duties.

  • November 13, 2024

    Store Chain Must Face Customer's Cookie Label Injury Suit

    A Japanese convenience store chain can't escape a proposed class action by a shopper who claims she suffered a violent allergic reaction due to its mislabeled cookies made with nuts, a federal judge has ruled, allowing the woman's claims that its other products may be similarly mislabeled.

  • November 13, 2024

    Panel Says Ex-Atty's ADA Claim Doesn't Apply To Her Lawyers

    A Tenth Circuit panel on Wednesday affirmed the dismissal of a disbarred Colorado attorney's Americans With Disabilities Act claim against her former defense lawyers, according to an unpublished decision that said the law only applies to public entities.

  • November 13, 2024

    TikTok Asks To Keep NC AG's Addiction Complaint Redacted

    TikTok Inc. is asking a North Carolina state court to keep redacted portions of a complaint by the state alleging that it targets youth to make them compulsive and addicted users, saying parts of the complaint include information from confidential documents and trade secrets.

  • November 13, 2024

    'Gist' Of Trump Media Story Was True, News Outlets Say

    Several news outlets sued by Donald Trump's social media website in a $1.5 billion defamation lawsuit over stories that the company lost $73 million told a Florida state court that it should toss the complaint, arguing Wednesday that the "gist" of the reporting was still true even if the actual loss wasn't correct.

  • November 13, 2024

    Baltimore Wins $266M In McKesson, Cencora Opioid Case

    Baltimore has been awarded more than $266 million in damages from drug distributors McKesson and Cencora, which a jury found responsible for fueling the opioid epidemic in the city, the mayor's office announced Tuesday.

  • November 13, 2024

    Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit

    A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.

  • November 13, 2024

    Short-Term Rental Owners 'Unreasonable,' Dallas Tells Court

    A Dallas short-term rental advocacy organization loves to focus on property rights, but it never considered the rights of neighbors who want safe neighborhoods and don't want to live next to an active business, a city attorney told a Fifth Court of Appeals panel during oral arguments Wednesday.

  • November 13, 2024

    Mich. Justice Jokes He's To Blame For PIP Assignment Fights

    A Michigan Supreme Court justice joked Wednesday that his 2017 footnote about patients assigning medical claims to healthcare providers was to blame for complicated recent insurance litigation surrounding plaintiffs who sign over their rights but nevertheless sue insurers. 

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

    Author Photo

    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

    Author Photo

    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Strategies To Defend Against Healthcare Nuclear Verdicts

    Author Photo

    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

    Author Photo

    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

    Author Photo

    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

    Author Photo

    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

    Author Photo

    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

    Author Photo

    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

    Author Photo

    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Opinion

    US Labor And Employment Law Holds Some Harsh Trade-Offs

    Author Photo

    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

    Author Photo

    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

    Author Photo

    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

    Author Photo

    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

    Author Photo

    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!