Personal Injury & Medical Malpractice

  • September 03, 2024

    Firm Can't Enforce Unexplained Arbitration Clause In Illinois

    A Missouri attorney accused of botching an injury lawsuit he helped pursue for a couple whose dry-cleaning business used allegedly toxic chemicals cannot arbitrate those allegations because he never explained the contractual arbitration provision in those clients' contract to them, an Illinois state appellate panel has found.

  • September 03, 2024

    UAW Loses Bid To Include Casinos In NJ Smoking Ban

    A New Jersey state court judge on Friday tossed the United Auto Workers' complaint claiming a law excluding casino workers from secondhand smoking protections violates the state constitution, reasoning that the law doesn't inhibit the employees' right to pursue safety.

  • September 03, 2024

    Ga. Minor Says Hotel Knew About Trafficking But Didn't Help

    An Atlanta-based hotel and its management company were hit with a lawsuit in Georgia federal court for allegedly doing nothing to stop the sex trafficking of a 17-year-old girl despite managers' and hotel employees' knowledge of the situation.

  • September 03, 2024

    Colo. AG Says Tenants Can Sue Blackstone Over Lease Terms

    Colorado Attorney General Phil Weiser urged the state's Supreme Court on Friday to find that tenants can sue a group of Blackstone subsidiaries for deceptive trade practices over lease agreements that allegedly misrepresent the rights of tenants.

  • September 03, 2024

    6th Circ. Revives Suits Over Fatal Kia Optima Crash

    A split Sixth Circuit panel on Tuesday reinstated a pair of suits alleging that a malfunction in the cruise control of a 2008 Kia Optima caused it to accelerate and hit a van, killing the Kia's driver and twin boys in the van, saying the trial court wrongly excluded portions of the plaintiffs' experts' opinions.

  • September 03, 2024

    Landlord's Insurer Says Other Carrier Must Cover Death Suit

    The insurer of a New Jersey restaurant must provide additional insured coverage to the restaurant's landlord in an underlying wrongful death suit, a Travelers unit told a federal court, saying Travelers shouldn't be the one to foot the bill for the landlord's defense costs.

  • September 03, 2024

    Glenmark Hit With $50M Suit Over Potassium Pill Death

    A proposed class of buyers is suing Glenmark Pharmaceuticals Inc. for more than $50 million, alleging that the company's extended-release potassium chloride capsules are defective and instead deliver the potassium too fast, which resulted in the death of the lead plaintiff's mother.

  • August 30, 2024

    Pa. Court Affirms Ex-Eagle's $43.5M Knee Injury Verdict

    Former Philadelphia Eagles team captain Chris Maragos gets to keep the $43.5 million he won in a medical malpractice trial over doctors' treatment of a knee injury that ended his playing career, after a state appeals panel on Friday ruled that the jury verdict was supported by the evidence.

  • August 30, 2024

    Vets, Attys Urge Supreme Court To Topple Feres Doctrine

    Veterans groups and lawmakers contend it's "high time" for the U.S. Supreme Court to scrap its 74-year-old doctrine prohibiting military service members and their families from suing the U.S. for negligence, arguing the vague rule has left soldiers with fewer rights than prisoners and noncitizens.

  • August 30, 2024

    Flint Water Firm Wants To Keep PR 'Sideshow' Out Of Trial

    One of the last remaining defendants in Flint water crisis litigation urged a Michigan federal judge to exclude from an upcoming bellwether trial evidence about its public relations efforts, which included an alleged smear campaign against the lawyer for Flint children that led to another attorney getting referred to the California bar.

  • August 30, 2024

    Doctor In Matthew Perry's Death Makes 1st Court Appearance

    A physician charged in actor Matthew Perry's death made his initial appearance in Los Angeles federal court Friday and was allowed to remain free on a $50,000 unsecured bond pending his expected guilty plea to one count of conspiracy to distribute ketamine. 

  • August 30, 2024

    Flight Training Co. Can't Ditch Crash Liability Suit, Judge Says

    An Illinois federal judge said Friday that a Florida flight training provider must face claims that it negligently trained the crew members who were aboard a Global Air-operated Cubana de Aviación flight that crashed in Cuba in May 2018, killing 113 people.

  • August 30, 2024

    Md. Supreme Court Reinstates Adnan Syed Murder Conviction

    A divided Maryland Supreme Court on Friday reinstated the decades-old murder conviction of Adnan Syed, whose case received renewed attention after being featured on the "Serial" podcast.

  • August 30, 2024

    WWE Accuser's Discovery Bid Must Fail, Conn. Doctor Says

    The woman accusing World Wrestling Entertainment Inc. and two former executives of sexual abuse and trafficking in Connecticut federal court should lose her separate but related bid for discovery against a celebrity doctor who treated her, the doctor has argued in a motion to dismiss the state court action.

  • August 30, 2024

    Uber Owes Drivers Duty Of Care In Rider Match, 9th Circ. Says

    A Ninth Circuit panel said Friday that Uber Technologies Inc. can't dodge liability after one of its drivers was murdered in a carjacking, finding rideshare companies have a duty to their drivers to use reasonable care to match them with riders.

  • August 30, 2024

    Conn. Chief Justice Pick Has Already Shaped The Courts

    When Connecticut Gov. Ned Lamont announced that he had selected state Supreme Court Justice Raheem L. Mullins, 46, to serve as chief justice, he highlighted Justice Mullins' seven years of service on the state high court and noted that his nominee has written about 70 majority opinions.

  • August 30, 2024

    Experts Give Karen Read's Double Jeopardy Claim Slim Odds

    Karen Read, the Massachusetts woman whose murder case garnered national attention before ending in a mistrial, could struggle to convince a state appellate court that jurors coming forward to say they unanimously voted to acquit her on some charges is enough to trigger double jeopardy, experts told Law360.

  • August 29, 2024

    PI Says He Didn't Publish Trade Secrets In Hacking Suit

    A North Carolina private investigator is doubling down on his bid to defeat what's left of aviation tycoon Farhad Azima's lawsuit accusing him of taking part in an international hacking conspiracy.

  • August 29, 2024

    Gov't Claims Title 42 Suit Is Nullified By End Of Program

    A D.C. federal judge on Thursday questioned government arguments that a proposed class of Haitian migrants' claims were moot in their challenge to the now-unenforceable Title 42 expulsion program for migrants from areas troubled by communicable disease, while wondering whether an immigration advocacy group plaintiff actually had standing.

  • August 29, 2024

    Jury Clears Ore. Hospital That Implanted FDA-Flagged Mesh

    A state jury cleared an Oregon hospital system and a surgeon of liability Wednesday over a patient's claims that prolapse mesh was implanted almost two weeks after the U.S. Food and Drug Administration ordered its maker to stop selling it.

  • August 29, 2024

    Cheerleader Drops Exploitation Suit Against Northwestern

    A former Northwestern University cheerleader has dropped her Illinois federal lawsuit that accused the school of sexually exploiting her and fellow squad members in order to bring in big dollars from donors.

  • August 29, 2024

    NJ Panel Backs Harrah Hotel's Win In Personal Injury Trial

    A New Jersey appellate panel Thursday backed Harrah's win in a trial over a disabled veteran's personal injury claims stemming from his forced removal from an Atlantic City hotel's pool area, finding the veteran failed to introduce evidence establishing a standard of care for the hotel's security guards.

  • August 29, 2024

    Panel Tosses Insurer Dispute Over Drowning Death Coverage

    It's too early to determine whether Farmers Insurance Exchange and Cincinnati Insurance Co. must both provide excess coverage to a property manager facing potential liability for a drowning, a Texas state appeals court ruled Thursday, finding the court lacks subject matter jurisdiction.

  • August 29, 2024

    Trucker Urges Justices To Back Wide RICO Scope In CBD Case

    A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.

  • August 29, 2024

    Ill. Judge Overrules Dismissal For 6 Paraquat Cases

    An Illinois federal judge on Wednesday declined to dismiss several cases in multidistrict litigation over the herbicide paraquat, finding that even though counsel didn't fill out questionnaires on time, it was because he was left the sole attorney in the firm after others quit.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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