Personal Injury & Medical Malpractice

  • January 09, 2025

    Grieving Parents Urge Court To Discern Fraud From Med Mal

    A North Carolina trial court failed to acknowledge that fraud and breach of fiduciary duty are distinct claims from medical malpractice, a couple whose toddler died during heart surgery told the Tar Heel State appeals court, arguing that the doctors misrepresented their program quality and outcomes.

  • January 09, 2025

    Ga. Parents Say Daughter 'Disfigured' In Botched Delivery

    Atlanta's largest public hospital was hit with a lawsuit from the parents of an infant girl who said their child was "permanently disfigured and impaired" by a botched early delivery in early 2023.

  • January 09, 2025

    New Mexico Justices Say Local Gov'ts Can't Restrict Abortion

    New Mexico's highest court on Thursday struck down four local ordinances that restricted abortion access in the state, chastising the cities and counties behind them for running afoul of state laws on reproductive health and medical licensing.

  • January 09, 2025

    Plane Crash Victims Tell NC Panel To Toss Engine Co. Appeal

    The estates of four plane crash victims have asked the North Carolina state appeals court to throw out what they characterize as a last-ditch effort by defense giant Avco Corp. and its subsidiary Lycoming Engines to avoid going to trial, saying the appeal is two years too late.

  • January 09, 2025

    SharkNinja Customer Sues For $3.75M After Blender Explodes

    A woman who was nearly blinded when her Ninja brand blender "exploded" claimed SharkNinja's design of the appliance was defective in a complaint transferred to Michigan federal court this week.

  • January 09, 2025

    Atty Survives Ex-Young Conaway Coworker's Assault Claim

    A Pennsylvania federal judge said Thursday that a former Young Conaway Stargatt & Taylor LLP attorney's assault claim against a onetime colleague at the firm is unviable because substantial proof exists to show that the actions in question were done to defend another person.

  • January 08, 2025

    Consumers Get Class Cert. In Suit Over Law Firm's Robocalls

    A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.

  • January 08, 2025

    Wash. Official Presses Hospital On Filing Delay In Death Suit

    A Washington state appellate official asked Wednesday why a hospital should be allowed to defend itself against a wrongful death suit even after it failed to respond to the complaint, noting there was nothing in the record explaining the internal snafu that caused the silence.

  • January 08, 2025

    Captive Insurer Says Reinsurer Must Cover Legionnaires' Row

    The captive insurer of a Michigan healthcare system asked a federal court Wednesday to find that its reinsurer couldn't sell off coverage responsibilities and owes payment for underlying suits alleging various patients contracted Legionnaires' disease.

  • January 08, 2025

    ATF Says Loophole Rule Passes 2nd Amendment Smell Test

    The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.

  • January 08, 2025

    Ford Can't Escape Texas Cop's Carbon Monoxide Injury Suit

    Ford Motor Co. can't get out of a suit by a Universal City, Texas, police officer who alleges he suffered carbon monoxide poisoning while idling in a Ford vehicle, because a Texas federal judge says the officer's expert and evidence support his claims that a vehicle defect is responsible for his injuries.

  • January 08, 2025

    Meta Slams 'Alarming' AI Discovery Demands In IP Fight

    A proposed class of authors urged a California magistrate judge Wednesday to order Meta to produce certain datasets used to fine-tune its artificial-intelligence product Llama in their high-stakes copyright fight, while Meta's counsel slammed the discovery demands for being belated, speculative and placing an "alarming level of burden" on Meta.

  • January 08, 2025

    Ariz. Tribe Sues Social Media Giants Over Youth Mental Health

    An Apache tribe has hit all the social media giants with a suit in California federal court claiming the companies' platforms are designed to addict young people but have a particularly bad effect on Native American youth, who already face a high risk of depression, addiction and suicide.

  • January 08, 2025

    Jay-Z Wants Sanctions Against Buzbee In Diddy Rape Suit

    Rapper Jay-Z asked Wednesday that Texas attorney Tony Buzbee be sanctioned for filing a lawsuit accusing him and embattled rapper Sean "Diddy" Combs of raping a 13-year-old girl, claiming inconsistencies in the girl's story show Buzbee "knowingly filed a false complaint."

  • January 08, 2025

    Court Won't Hear Atty's Challenge To Fee Dispute Loss

    A Connecticut appeals court has turned away an attorney's challenge to his loss at a trial that pitted him against another lawyer in a dispute over the sharing of settlement funds, finding that Donald M. Brown blew past a deadline to follow a court order.

  • January 07, 2025

    4th Circ. Revives Ex-NC State Athlete's Title IX Assault Suit

    The Fourth Circuit on Tuesday revived a former North Carolina State University athlete's claims the university didn't protect him from being sexually assaulted by the school's ex-director of sports medicine, finding that a report about the director's "sexual grooming" may have been enough to put the school on notice of the abuse.

  • January 07, 2025

    Surgeon Says Unprovided Report Should Nix Transplant Suit

    A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.

  • January 07, 2025

    J&J, Talc Suppliers, Insurers Spar Over $505M Sale Stay

    The former talc suppliers of Johnson & Johnson said Tuesday that staying part of a settlement and a connected bankruptcy sale could bog down their efforts to secure plan confirmations and exit Chapter 11, urging a Delaware bankruptcy judge to reject a motion to set aside $50 million from the $505 million deal while it is being appealed. 

  • January 07, 2025

    Insurer Seeks Exit From Engineering Co.'s $1M Settlement

    An engineering company's insurer told a Texas federal court it needn't cover the company's $1 million payment to settle a man's personal injury claims, arguing the company failed to give proper notice after the underlying court had already entered an over $7.2 million default judgment that was ultimately vacated.

  • January 07, 2025

    Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns

    Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court. 

  • January 07, 2025

    Seton Hall COVID Isolation Death Suit Was Too Late, Judge Says

    A New Jersey federal judge on Tuesday threw out a lawsuit brought by the parents of a Seton Hall University sophomore who died during a COVID-19 isolation period in 2021, ruling their claims are time-barred and they failed to show bad faith.

  • January 07, 2025

    Keller Postman Drops Suit Against Jenner & Block, For Now

    Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.

  • January 07, 2025

    Fla. Crash Victims Can't Get Insurer Payout In Revised Suits

    A Florida state appellate panel has blocked three vehicle crash victims' attempts to collect $16 million from an insurer, saying that the company wasn't properly joined as a party by the time settlements were reached and that final judgments were issued in two separate lawsuits over the same incident.

  • January 07, 2025

    Ex-Knick, Ex-MSG Security Head Spar Over Deposition

    Former New York Knicks player Charles Oakley and the former chief of security for Madison Square Garden have reached an "impasse" over a subpoena for the ex-chief's documents and deposition in a suit over Oakley's ejection from a February 2017 NBA game.

  • January 07, 2025

    Judge OKs Dig Into Yale, Fertility Doctor's Decade Of Files

    A Connecticut state trial court judge will allow two women to dig through a decade of records spanning 1974 to 1984 to support their assertions that a Yale-connected fertility doctor used his own sperm to impregnate them in the mid-1980s.

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

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