Personal Injury & Medical Malpractice

  • November 08, 2024

    Up Next At High Court: Self-Deportation Deadlines & Murder

    The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.

  • November 08, 2024

    Boeing Wins Discovery Spat In African Airline's 737 Max Suit

    A Washington federal judge has sided with Boeing in a discovery dispute stemming from a lawsuit over fallout from a 737 Max deal, finding the aerospace giant has cited "tangible evidence" that a now-defunct South African airline failed to retain records "obviously relevant" to its claims that it was deceived regarding the jet's safety.

  • November 08, 2024

    Monsanto Judge Pushes Sanction 'Distraction' To After Trial

    A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.

  • November 08, 2024

    Dance School's $30M Abuse Deal Not Covered, Insurer Says

    The insurer for a New Jersey ballet school told a federal court it didn't owe coverage for a $30 million consent judgment reached in a consolidated underlying action brought by former students of the school, citing abuse and molestation exclusions in commercial general liability and umbrella policies.

  • November 08, 2024

    9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal

    A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.

  • November 08, 2024

    'Love Is Blind' Producer Urges Arbitration For Assault Case

    A producer behind the Netflix reality show "Love Is Blind" has asked the Texas Supreme Court to send a former contestant's sexual assault suit to arbitration, arguing that her allegations do not apply to a federal act that invalidates arbitration agreements victims enter into before allegations are made.

  • November 08, 2024

    Special Master Recommends $7.8M For Flint Plaintiffs' Attys

    A Special Master has recommended that attorneys representing plaintiffs in the Flint Water Crisis litigation receive $7.8 million in fees for their role in securing a $25 million settlement with Veolia North America finalized last month.

  • November 08, 2024

    Clifford Law Sues Ex-Partner For Allegedly Poaching Clients

    An Illinois firm specializing in personal injury and wrongful death cases has accused a former partner of stealing clients when he left the firm in February and not making appropriate arrangements for his former firm to get fees for certain cases.

  • November 07, 2024

    3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

    Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

  • November 07, 2024

    DOD Secretary's Withdrawal From 9/11 Plea Deals Overturned

    A military judge has said U.S. Department of Defense Secretary Lloyd Austin lacked the authority to withdraw from plea agreements with the alleged main planner of the 9/11 terrorist attacks and two co-defendants that spared them the death penalty, overturning Austin's decision.

  • November 07, 2024

    Sig Sauer Customers Want Class OK In Safety Suit

    A law enforcement officer has asked a federal judge to certify a class of Missouri consumers who allege that Sig Sauer's P320 is defectively designed and is ready to fire as soon as a round is chambered, saying Missourians who bought the gun have been duped by Sig Sauer.

  • November 07, 2024

    State Farm Owes No Coverage For Exec In Fatal Crash Suit

    A repair company's president who was involved in a fatal accident while driving a truck he personally owned but also used on the job can't be covered under its commercial auto policies, an Alaska federal court ruled, noting it's undisputed he was on a personal errand at the time.

  • November 07, 2024

    Albany, NY, Nursing Home Hit With $2M Verdict Over Death

    A New York federal jury has hit the Albany County Nursing Home with a $2 million verdict in a suit by a woman alleging the staff neglected her father and did nothing as he lay dying in bed.

  • November 07, 2024

    Conn. Injury Atty Beats Referral Fee Claims At Jury Trial

    A Connecticut jury has handed Milford attorney Jill M. McGoldrick a victory in a contract and consumer protection claim by Donald M. Brown, a lawyer who sought a cut of a settlement McGoldrick obtained for a personal injury client who originally hired Brown.

  • November 07, 2024

    NJ Atty Accused Of Ending Assault Suit Without Client's OK

    A New Jersey lawyer has been slapped with a malpractice suit from a former client who alleges he not only mishandled her claims surrounding a supposed sexual assault she endured on a work trip to Atlantic City, but that he agreed to dismiss a lawsuit without informing her.

  • November 07, 2024

    Fla. Law Firms Accused Of Mishandling Brain Injury Case

    Three Florida law firms are facing a malpractice suit by the victim of a car accident who claims his attorney blew his chance at a $2.5 million recovery by failing to respond to at least nine discovery requests and repeatedly missing court deadlines.

  • November 07, 2024

    Atty Says Ex-Colleague Can't Escape Assault Claim

    A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.

  • November 07, 2024

    Ga. Judge Recuses Himself From Ga. School Shooting Case

    The Georgia judge overseeing the Apalachee High School shooting case recused himself Wednesday due to his upcoming retirement.

  • November 07, 2024

    Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict

    A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.

  • November 07, 2024

    Insurer Says It Owes No Coverage For Ga. Bar Shooting Suit

    An insurer told a Georgia federal court that because of policy exclusions, it shouldn't have to defend a bar against a lawsuit claiming the establishment failed to provide a safe environment and is liable for the shooting death of a 28-year-old man in its parking lot.

  • November 07, 2024

    NC Panel Affirms Axing Sex Abuse Suit As Sanction For Delay

    A North Carolina appeals panel found in a precedential ruling that a trial court was right to toss a man's sex abuse suit against the Roman Catholic Diocese of Raleigh as an appropriate sanction for his counsel having "deliberately and unreasonably delayed service of process." 

  • November 06, 2024

    Ill. Court Reinstates Stabbing Suit Against School District

    An Illinois school district can not escape a lawsuit seeking to hold it liable for a stabbing that injured one child and killed another, a state appeals court ruled, saying it isn't yet obvious if the decision to reintroduce the student attacker back into the school was a policy choice that is immune from litigation.

  • November 06, 2024

    Ousted Denver Transit Top Cop Alleges Racism Drove Firing

    A former Black police chief for a Denver transportation district is suing the agency for discrimination and retaliation after he was fired in September, claiming the district failed to properly investigate complaints about racist behavior by white officers and then fired him based on a retaliatory complaint.

  • November 06, 2024

    3rd Circ. Mulls Mootness In Boy Scouts Ch. 11 Plan Appeals

    Questions over whether equitable and statutory mootness foreclose challenges to the Boy Scouts of America's bankruptcy took center stage Wednesday during arguments before the Third Circuit, with the judges and parties involved noting the impact that changing the Chapter 11 plan that's already in effect could have on thousands of sexual abuse survivors.

  • November 06, 2024

    Hyundai, Kia Rip Cities' Bellwether Trial Bid In Car-Theft MDL

    Hyundai and Kia have asked a California federal judge to reject several cities' request for bellwether trials in consolidated litigation alleging that the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave after a viral TikTok trend popularized tips for breaking into their cars.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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