Personal Injury & Medical Malpractice

  • July 26, 2024

    Product Liability Cases To Watch 2024: A Midyear Report

    Litigation over claims that social media addict children and harm mental health continues to hold attorneys' attention, along with claims that "forever chemicals" are a source of cancer.

  • July 26, 2024

    Farmworkers' Children, Corteva Settle Pesticide Injury Claims

    Children of migrant farmworkers, Corteva Inc. and its subsidiary Pioneer Hi-Bred International Inc. asked an Illinois federal judge Friday to greenlight their confidential settlement resolving claims that the children were injured when they were crop-dusted with pesticides during a corn-pruning operation.

  • July 26, 2024

    Abbott Owes $495M In Baby Formula Bellwether Trial

    A Missouri jury awarded $95 million in compensatory damages and $400 million in punitive damages Friday over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.

  • July 26, 2024

    Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles

    In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

  • July 26, 2024

    Alaska Passengers' Safety Reg Stance Baffles Wash. Judge

    A Washington state judge on Friday called out Alaska Airlines passengers' "absurd" suggestion that there was a hole in federal aviation standards that could allow states to set their own rules for when pilots can allow people into the cockpit.

  • July 26, 2024

    Ohio Jury Must Consider Brain Injury Patient's Mental State

    An Ohio appeals court has reinstated a suit accusing doctors of causing a man's catastrophic brain injury due to medical negligence, saying it should be up to a jury to decide whether the applicable filing deadlines can be tolled due to the man's purported mental incompetence.

  • July 26, 2024

    Miami Official Says Salary Is Exempt From $63.5M Judgment

    A Miami lawmaker told a federal judge Friday that a portion of his monthly compensation shouldn't be withheld to pay a $63.5 million judgment against him for civil rights violations, testifying that he is the sole breadwinner of his household and should be exempt from having his salary garnished.

  • July 26, 2024

    Smartmatic Asks Court To Order Fox Exec To Answer Subpoena

    A new front in the war between Smartmatic and Fox News has opened up in Florida, as the voting technology company is asking a Miami court to force a Fox News board member to respond to a subpoena issued in its $2.7 billion defamation suit in New York.

  • July 26, 2024

    Judge Allows Emotional Damages In Deaf Patient's Bias Suit

    A Michigan federal judge has reversed course in a suit by a deaf woman who alleges she was discriminated against when Henry Ford Health System denied her an interpreter, saying she'd been mistaken in a prior order when she only considered if compensatory emotional distress damages were available under federal law.

  • July 26, 2024

    WWE Founder Slams Accuser's Bid For Drug Treatment Info

    A Connecticut federal judge should lift a six-month stay in a sexual abuse lawsuit against World Wrestling Entertainment Inc. long enough for ex-CEO Vince McMahon to try to block the accuser's parallel case in state court seeking information about mysterious, WWE-funded medical treatment she says she underwent, McMahon is arguing. 

  • July 26, 2024

    Indivior To Pay $86M To Settle Opioid Claims By 5 States

    Indivior will pay $86 million to settle claims by a group of state attorneys general over the drugmaker's alleged contributions to the American opioid crisis.

  • July 26, 2024

    NJ-Pa. Transit Operator Freed From Suit Over Worker's Death

    A New Jersey federal judge dismissed a suit brought by the estate of a Port Authority Transit Corp. worker killed on the job, ruling the commuter rail line between New Jersey and Pennsylvania is exempt from federal railroad regulatory requirements.

  • July 26, 2024

    Tyco Inks Deal With Insurer Over Foam MDL Coverage

    Firefighting foam maker Tyco Fire Products LP told a South Carolina federal judge Friday that it reached a tentative settlement with one of several of its insurers to resolve its fight to score coverage in sprawling multidistrict litigation over pollution from so-called forever chemicals.

  • July 26, 2024

    Cuomo Harassment Document Fight Heads To NY Appeals Court

    A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

  • July 26, 2024

    Hospital Can't Shift Shooting Liability To ER Group

    A Michigan appellate panel has affirmed that Trinity Health Corp. can't make an emergency-room physicians practice defend it against lawsuits stemming from a shooting outside a Chicago hospital that killed one of the practice's ER doctors.

  • July 26, 2024

    Bad Online Security Botched $800K Home Sale, Suit Says

    A five-attorney Connecticut law firm's "archaic" email and computer systems allowed hackers to infiltrate an approximately $800,000 home sale and divert cash to fake accounts, a new federal lawsuit against Hastings Cohan & Walsh LLP and one of its attorneys alleges.

  • July 26, 2024

    NFL Leads Sports & Betting Cases To Watch For Rest Of 2024

    Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.

  • July 26, 2024

    Ohio Justice Blasts Jury-Less Result In Wing Injury Case

    An Ohio Supreme Court justice accused his colleagues of "a serious, perhaps disingenuous, lack of perspective" for their position that a man who injured himself swallowing a bone inside a chicken wing marketed as boneless should have suspected the offending object might intrude upon his meal.

  • July 26, 2024

    9th Circ. Says Online Posts Can Count As Work Harassment

    The Ninth Circuit breathed new life into a psychologist's suit alleging the Federal Bureau of Prisons failed to stop a correctional officer from creating sexist and threatening social media posts about her, ruling a lower court erroneously determined the online content didn't amount to workplace harassment.

  • July 25, 2024

    3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11

    The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.

  • July 25, 2024

    Monsanto Says Appellate Win Should Stave Off Next PCB Trial

    Monsanto told a Washington state court its recent appellate victory left another set of chemical poisoning plaintiffs without key testimony tying their health conditions to polychlorinated biphenyls, hoping to avoid the next trial in a group of cases involving a single school site.

  • July 25, 2024

    Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts

    Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.

  • July 25, 2024

    Girardi Can't Block Firm's Chapter 7 Evidence In Fraud Trial

    Tom Girardi can't exclude evidence from his upcoming trial that he claims prosecutors illegally obtained from his firm's bankruptcy trustee, after a California federal judge said Thursday no constitutional rights were violated since the evidence was the bankruptcy estate's property and in the trustee's possession. 

  • July 25, 2024

    Mich. Justices Roll Back Expert Limits For Med Mal Plaintiffs

    A split Michigan Supreme Court on Thursday partly overturned a nearly 20-year-old standard that made it harder for medical malpractice plaintiffs to introduce expert testimony, as dissenting justices warned the change could unleash a cascade of new appeals.

  • July 25, 2024

    Mich. Jury Awards $8.5M For Missed Cancer Diagnosis

    A Michigan federal jury awarded more than $8.5 million in damages Wednesday to a man who died of kidney cancer, finding that a doctor at a cancer clinic missed an opportunity to diagnose the cancer before it spread to his brain.

Expert Analysis

  • 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.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

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