Personal Injury & Medical Malpractice

  • September 25, 2024

    Arnold & Itkin DQ Bid Says Zeta Defense Atty Is Ex-Employee

    Arnold & Itkin has asked a Harris County judge to disqualify the law firm representing a drilling rig owner in litigation spurring from Hurricane Zeta, alleging a defense lawyer previously worked for Arnold & Itkin and improperly sent herself confidential information about the litigation before leaving the firm.

  • September 25, 2024

    Paxton Asks Texas Justices To Reverse State Fair Gun Ban

    Texas Attorney General Ken Paxton asked the state's highest court for emergency relief to prohibit a new State Fair of Texas rule that bans fairgoers from carrying handguns, saying in a Wednesday appeal that the Fifteenth Court of Appeals abused its discretion by denying relief.

  • September 25, 2024

    3rd Circ. Preserves Monsanto's Win In Cancer Warning Suit

    The Third Circuit refused to reconsider its ruling that federal law preempts a more stringent Pennsylvania statute that mandates cancer warnings on chemicals, preserving Monsanto's win against a man who alleged the company's Roundup herbicide caused his illness.

  • September 25, 2024

    Terrorism Victims Sue For Share Of $4.3B Binance Plea

    The U.S. government must put the $4.3 billion it obtained in its money laundering and sanctions violations case against Binance toward a federal fund for victims of state-sponsored terrorism, a new lawsuit in D.C. federal court alleges.

  • September 25, 2024

    Ex-Murder Suspect's Suit Against Embattled DA Gets Tossed

    A Colorado federal judge on Tuesday threw out a $15 million malicious prosecution lawsuit brought by a man initially charged in a high-profile case with the murder of his wife, finding prosecutors had ample reason to arrest the man.

  • September 25, 2024

    7th Circ. Judge Surprised Key Argument Left In Footnote

    A Seventh Circuit judge seemed unsure Wednesday whether an insurer for Sterigenics could avoid a $75 million legal bill for defending the company from pollution suits, noting that the insurer addressed "the biggest issue in the case" in just a single, vague footnote. 

  • September 25, 2024

    Insurer Can't Escape Coverage Of $10M NY Infant Injury Suit

    A New York federal court ruled Wednesday that an insurer had to face certain claims brought by a general contractor seeking defense coverage for $10 million underlying litigation blaming it for negligently injuring an infant with falling sheetrock while working in his home.

  • September 25, 2024

    Indianapolis Airport Gets Bathroom Door Hinge Suit Tossed

    An Indiana state appeals panel threw out a suit Wednesday against the Indianapolis Airport Authority over a flyer who was injured at the airport, saying there was no evidence that the airport had constructive knowledge that the hinge on a restroom door that hit the woman was damaged.

  • September 25, 2024

    Boies Joins Authors' Meta IP Suit After Judge Blasts Lead Atty

    Veteran litigator David Boies and a top member of his firm have joined the team heading a proposed class action against Meta Platforms Inc. for allegedly using copyrighted material to train its artificial intelligence product "Llama" — days after a California federal judge told the lead plaintiff's attorney, "You are not doing your job."

  • September 25, 2024

    Slovenian Plane Parts Maker Escapes Fla. Fatal Crash Suit

    A Florida appeals court on Wednesday threw out a wrongful death suit against a Slovenian aircraft parts manufacturer, saying an uncontroverted affidavit from the company showing it has no connections to the Sunshine State warrants dismissal for lack of jurisdiction.

  • September 25, 2024

    Read Tells Mass. Justices Verdict Slip Not Needed To Acquit

    Lawyers for Karen Read, the Massachusetts woman whose high-profile murder case garnered national attention before it ended in a mistrial, told the state's highest court that a retrial is barred by double jeopardy because some jurors revealed afterward that the panel had agreed to acquit — even if no formal verdict was announced.

  • September 25, 2024

    Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ

    A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.

  • September 25, 2024

    Dolan Balks At Deposition Order In Ex-Knick's Ejection Suit

    New York Knicks owner James Dolan has asked the Second Circuit to reconsider an order allowing his deposition, arguing it's part of a "relentless campaign" by former player Charles Oakley to broaden the scope of the lawsuit he filed after being ejected from a game in 2017.

  • September 25, 2024

    Ex-American Airlines Pilot Cleared In Sex Assault Trial

    A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.

  • September 25, 2024

    Pittsburgh Council OKs $500K To Settle Bridge Collapse Suits

    The city of Pittsburgh approved handing a Pennsylvania state court $500,000 — the city's maximum liability under state law — so it can bow out of lawsuits brought by people injured in the 2022 collapse of the Fern Hollow Bridge.

  • September 25, 2024

    Norfolk Southern Names New CLO After Ouster Of Execs

    Norfolk Southern Corp. has promoted an employee who has worked in its legal department since 2010 to serve as its chief legal officer following the firing of the woman who previously held the post over her relationship with the transportation giant's ousted CEO.

  • September 24, 2024

    Fox Exec Must Show Cell Data In Smartmatic Defamation Suit

    A Florida state court judge has ordered a Fox News board member to turn over cellphone data in connection to a New York defamation lawsuit over unfounded reports that Smartmatic USA Corp.'s voting systems helped rig the 2020 election, finding the phone may contain relevant information to the case.

  • September 24, 2024

    Ore. Jury Awards $21M Over Fatal Shooting At Lowe's

    An Oregon jury has awarded a total of $21.25 million including punitive damages over the fatal shooting of a Lowe's patron by a Cornerstone Security Group private guard after hearing about the security company's "culture of violence."

  • September 24, 2024

    Texas Fair Gun Ban Stands, State Appeals Court Says

    A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.

  • September 24, 2024

    2 Ex-American Airlines Workers Seek $8M Sex Assault Verdict

    Counsel for two former American Airlines flight attendants urged a California federal jury during closing arguments Tuesday to make a retired pilot pay $8.1 million over allegations he sexually assaulted the pair at a hotel during a round-trip journey between Los Angeles and Sao Paulo, Brazil.

  • September 24, 2024

    Nissan, Truck Owner Split On Seriousness Of Juror Remarks

    Nissan told a state appellate panel Tuesday a Harris County judge's investigation into alleged juror misconduct during deliberations in a product liability case against the car manufacturer "presents the most serious invasion of the sanctity of jury deliberations in Texas in a generation," as it fought off an order requiring the case be retried.

  • September 24, 2024

    'Salacious' Keches Spat With Ex-Partner Aired In Court

    A former partner of Keches Law has asked a Massachusetts state court for permission to review the personal injury firm's financial records after he was told his shares in the firm are worthless, accusing another attorney of financial misdeeds.

  • September 24, 2024

    Ariz. Cops Can't Revive Late-Filed DUI Suit Against Bars

    An Arizona appeals panel on Tuesday refused to revive two police officers' claims against a pair of bars they allege overserved a man who later collided with their vehicles, finding that the trial court correctly dismissed the case as time-barred.

  • September 24, 2024

    Conn. Water Park Loses Bid To Erase $9M Foot Injury Award

    A Connecticut judge has thrown out twin requests to overturn a $9 million jury award favoring a man who injured his foot at an outdoor water park, holding in part that the park's attorneys never presented an earlier motion for a directed verdict and could not subsequently challenge the win.

  • September 24, 2024

    4th Circ. Reluctant To Let NFL Fans Pass On Arbitration

    The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    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

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    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

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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.

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