Personal Injury & Medical Malpractice

  • January 21, 2025

    Stanley Tumbler Lead Contamination Suit Gets Shelved

    A Washington federal judge has tossed a proposed class action against the maker of the popular "Stanley" tumbler for selling it without disclosing that it contained lead, saying the claims failed due to overly vague allegations of harm, but allowed the consumers to revise their lawsuit.

  • January 21, 2025

    Amazon Settles Consumer Suit Over Exploding Batteries

    Amazon.com Inc. has entered into a settlement resolving a proposed class action accusing the company of selling thousands of faulty lithium-ion batteries that were prone to explosions, according to a stipulation and order filed in Washington federal court Friday.

  • January 21, 2025

    SoCal Edison Must Hand Over Data In Eaton Fire Suit

    A Los Angeles County judge ordered Southern California Edison Co. on Tuesday to produce data from its distribution circuits in the Altadena, California, neighborhood to a victim of the Eaton Fire, the first step in litigation over this month's deadly and destructive blaze.

  • January 21, 2025

    Colo. Justices Say Elephants Don't Get Habeas Rights

    The Colorado Supreme Court on Tuesday said the state's habeas statute only gives humans the right to petition against unlawful detention, upholding the dismissal of a habeas petition filed on behalf of five elderly elephants at a zoo.

  • January 21, 2025

    Last Sackler Family Members Join Purdue Draft Deal

    The final holdouts among two branches of Sackler family members are ready to join a settlement in the bankruptcy of OxyContin maker Purdue Pharma LP, a business owned by the family, according to a report from the co-mediators handling negotiations.

  • January 21, 2025

    Defamation Case Over NC Attorney General Race Fizzles Out

    The Republican candidate for North Carolina attorney general who lost the race in November to fellow former U.S. Rep. Jeff Jackson has dropped a defamation suit against Jackson's campaign and affiliated entities for allegedly besmirching his law practice.

  • January 21, 2025

    WWE Accuser Eyes Deal With Doctor In Medical Records Feud

    A former legal staffer for World Wrestling Entertainment Inc. suing the company and ex-executives for alleged abuse is in talks to settle a related court fight with a celebrity doctor whom she accused of withholding medical information from her, the parties told a Connecticut state court judge Tuesday.

  • January 21, 2025

    Firm Slams Beasley Allen's Bid To Nix Suit Over Talc Team-Up

    Smith Law Firm PLLC is urging a Mississippi federal court to reject Beasley Allen Law Firm's bid to dismiss or transfer a defamation and breach of contract lawsuit over their joint venture agreement for talc litigation against Johnson & Johnson, saying the case shouldn't be thrown out in favor of Beasley Allen's Alabama suit.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    Ill. Court Upholds $6M Award In Fatal Opioid Overdose Suit

    An Illinois state appeals court has affirmed a $6 million verdict in a suit accusing a physician of causing the death of a patient by negligently prescribing opioids despite signs of abuse, saying the verdict was supported by substantial testimony from medical experts.

  • January 17, 2025

    States Ask To Join Suit To Uphold Gun Show Loophole Closure

    Over a dozen states asked a Texas federal judge for permission to join a suit over the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' rule closing the so-called gun show loophole, saying in a motion that the incoming Trump administration wouldn't properly defend the rule.

  • January 17, 2025

    Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told

    Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.

  • January 17, 2025

    Insurers Needn't Cover Plastic-Maker For Worker Death Suit

    Travelers and Zurich insurers don't owe indemnification to Ohio-based manufacturer Encore Plastics for a suit over a worker's death, a federal court ruled Friday, saying a "direct intent" exclusion applies to the underlying claims arising under an Ohio statute that authorizes employer liability for intentional torts.

  • January 17, 2025

    Colo. Judge Rejects Xcel's Bid To Move Wildfire Trial

    A Colorado state judge has rejected Xcel Energy's bid to move a September trial over its alleged liability for a 2021 wildfire away from where the fire took place, finding the utility company failed to show six fair jurors can't be found in a county of more than 300,000 people.

  • January 17, 2025

    Weinstein Victim Asks To Drop LA Civil Rape Suit, For Now

    A woman whom Harvey Weinstein was convicted of raping has moved to temporarily abandon her civil lawsuit against the disgraced movie mogul, nixing a scheduled March trial in California state court.

  • January 17, 2025

    Firm Says Insurers Must Pay $2.6M Malpractice Suit Judgment

    A Georgia personal injury firm said its professional malpractice insurers must cover a $2.6 million default judgment entered against the firm in a suit brought by a former client, telling a federal court that a Berkshire Hathaway unit's failure to act caused the adverse ruling.

  • January 17, 2025

    EBay Can't Appeal Punitive Damages Ruling In Stalking Case

    A Massachusetts federal judge has denied a request by eBay Inc. to ask the First Circuit whether it should have to face the possibility of punitive damages in a civil suit brought by a Bay State couple who say the e-commerce company waged a stalking and intimidation campaign against them.

  • January 17, 2025

    Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal

    In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.

  • January 16, 2025

    'It Ends With Us' Star Says Blake Lively Made Him Scapegoat

    "It Ends With Us" director and actor Justin Baldoni on Thursday lodged a $400 million defamation and extortion suit against his co-star Blake Lively and her husband, Ryan Reynolds, claiming Lively fabricated sexual harassment claims against Baldoni to distract from her "self-inflicted press catastrophe."

  • January 16, 2025

    No 'Half Measures' On Tort Reform In 2025, Ga. Gov Pledges

    Georgia Gov. Brian Kemp threw down the gauntlet in his annual State of the State address Thursday and promised to deliver on tort reform, for decades an intractable issue in Peach State politics.

  • January 16, 2025

    Federal Gov't Can't Share Uber Driver's Blame For Hitting Cop

    An Uber driver who hit a Philadelphia police officer detailed to a federal task force can't claim the United States shared the blame for the officer's injuries, since the U.S. government was the officer's employer and was immune under New Jersey worker's compensation law, a federal judge has ruled.

  • January 16, 2025

    NY Court Won't Revive Leon Black Sex Assault Suit

    A New York appeals court ruled Thursday that a nondisclosure agreement did indeed bar a woman's sexual assault suit against former Apollo Global Management CEO Leon Black, finding that the NDA was not signed under duress and is therefore valid.

  • January 16, 2025

    3M Hit With PFAS Suit Over Wash. Resident's Cancer Diagnosis

    A woman who lives near the Spokane International Airport filed suit Thursday against 3M, DuPont and various other companies over alleged "forever chemical" contamination of her drinking water, claiming her adult son has developed cancer after decades of exposure.

  • January 16, 2025

    Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try

    A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.

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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