Personal Injury & Medical Malpractice

  • October 07, 2024

    5 Decisions To Know By Outgoing Mass. Chief Judge

    Chief Massachusetts U.S. District Judge F. Dennis Saylor IV, who announced Monday that he will step back from full-time judicial service next summer, has presided over numerous significant cases in recent years, including a dispute over the U.S. Securities and Exchange Commission's disgorgement powers and a birth defects suit against GlaxoSmithKline.

  • October 07, 2024

    Panera Settles 'Charged Lemonade' Death Case Days Before Trial

    Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.

  • October 07, 2024

    Insurer Says $3.8M Church Sex Abuse Judgment Isn't Covered

    A church's insurer told a Washington federal court that it owes no coverage for a $3.75 million stipulated judgment stemming from a woman's claims that the church failed to protect her from a deacon who sexually assaulted her when she was 16 years old.

  • October 07, 2024

    Sanctioned Election Denier Is Stalling, Dominion Exec Says

    A former Dominion Voting Systems executive urged a Colorado federal judge Monday to find a key witness and 2020 election denier can't appeal a $1,000-per-day sanctions order for walking out of a deposition, arguing the appeal is a "frivolous" delay tactic.

  • October 07, 2024

    Ga. Justices Revive State Abortion Ban During Appeal

    The Supreme Court of Georgia on Monday temporarily reinstated the state's abortion ban, just one week after it was struck down for a second time by a Fulton County judge who said the law infringed on Georgians' constitutional right to privacy.

  • October 07, 2024

    Sprinter Says Gatorade Gummies Made Him Flunk Doping Test

    A New York federal judge heard Monday from a promising sprinter from Texas who claims Gatorade Recovery gummies gifted to him by the sports-drink giant caused him to fail a doping test, an allegation the PepsiCo unit denies.

  • October 07, 2024

    High Court Skips Ex-NFL Player's Disability Benefits Suit

    The U.S. Supreme Court said Monday that it will not take up a former NFL player's suit claiming the league's retirement plan blocked him from collecting proper disability benefits payments, despite his argument that the high court needed to step in and iron out a circuit split.

  • October 07, 2024

    High Court Won't Look At Alabama Frozen Embryo Decision

    The U.S. Supreme Court on Monday said it won't consider a challenge to a first-of-its-kind Alabama state court ruling that frozen embryos are legally children.

  • October 07, 2024

    Justices Turn Down Pa. Ex-Museum Worker's Retaliation Suit

    The U.S. Supreme Court on Monday declined to consider whether a former employee of the Frick Art and Historical Center in Pittsburgh had proved he was fired in retaliation for requesting accommodation for an injury.

  • October 07, 2024

    Justices Won't Take Up Poll Watchers' Fight Against Dominion

    The U.S. Supreme Court on Monday ended a group of Michigan poll watchers' efforts to revive their civil rights class action against Dominion Voting Systems, ending their claims they received letters demanding they stop defaming the company.

  • October 07, 2024

    Justices Won't Take Juror Family Bias Case

    The U.S. Supreme Court said Monday it won't review whether a deceased Washington woman's medical malpractice claim deserves a new trial because two prospective jurors had relatives who had been treated by one of the defendants.

  • October 07, 2024

    R. Kelly's Child Porn Conviction Won't Get High Court Review

    The U.S. Supreme Court refused Monday to review R. Kelly's conviction and 20-year sentence on child pornography and inducement charges.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies

    A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."

  • October 04, 2024

    Circle K Avoids Trial, Settles Suit Over Gas Pump Death

    The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.

  • October 04, 2024

    Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed

    Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.

  • October 04, 2024

    High Court Agrees To Hear Hamas Banking Case

    The U.S. Supreme Court on Friday agreed to take up a Lebanese bank's bid to end a suit brought by victims of Hamas terrorist attacks, which the bank argued is settled because the victims waited too long to move to vacate a lower court's judgment in the bank's favor.

  • October 04, 2024

    Death Suit Coverage Dispute Must Be Heard In State Court

    An Oklahoma federal court declined jurisdiction over an insurer's coverage dispute against a construction company stemming from an underlying wrongful death lawsuit, finding that keeping the action in federal court wouldn't settle the controversy and would "impede upon principles of federal-state comity."

  • October 04, 2024

    State Fair Case Creates Tension For Gun And Property Rights

    The State Fair of Texas kicked off a week ago with its usual offerings of splashing neon and deep-fried Oreos, but with its opening the fair has become the center of a legal question the Texas Supreme Court may have difficulty wrangling as it seeks to sort out the tension between the rights of gun owners and property owners.

  • October 04, 2024

    Insurer May Pay Only 1 Fla. Mass Shooting Victim

    An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida federal judge ruled.

  • October 04, 2024

    Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing

    In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.

  • October 04, 2024

    Denver Charity Drops Fraudulent Grant Coverage Fight

    A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    NY Appeals Court Won't Trim Sex Abuse Coverage Dispute

    A New York state appeals court upheld a lower court's ruling declining to dismiss The Rockefeller University's claims that its insurers acted in bad faith and conducted deceptive trade practices while handling the university's coverage request for underlying allegations of sexual abuse.

  • October 04, 2024

    High Court Will Hear Mexico's Suit Against Gun Cos.

    The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.

Expert Analysis

  • Strategies To Defend Against Healthcare Nuclear Verdicts

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    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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

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