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Personal Injury & Medical Malpractice
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July 14, 2025
Airbnb Wants Out Of Pittsburgh House Party Shooting Suit
Airbnb said it has resolved all but one of a group of lawsuits brought against it after a 2022 mass shooting at a party at a Pittsburgh house rented through the app, and has renewed its objections to the last remaining claims from the family of a shooting victim.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 14, 2025
11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity
A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
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July 14, 2025
Insurer Needn't Defend Texas Ranch In Horse Abuse Suit
An insurer has no duty to defend an equestrian facility against claims that its negligence contributed to the injury, neglect, and even death, of horses that were kept on its property, a Texas federal court ruled, reserving any ruling on the insurer's duty to indemnify for a later date.
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July 11, 2025
VA Watchdog Says Burn Pit Claims Denials Still Had Errors
The Veterans Benefits Administration didn't do everything it was supposed to in order to fix concerns a federal watchdog had about veterans who were exposed to burn pits in Iraq and Afghanistan having their benefits prematurely denied, the watchdog says.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Ethiopian Airlines Case Settles '2 Minutes' Before Last Hearing
A Chicago damages trial set for a man who lost his immediate family in an Ethiopian Airlines plane crash can be taken off the books because his case settled "literally two minutes" before his final pretrial hearing, attorneys told an Illinois federal judge Friday.
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July 11, 2025
Hospital Says Wash. Withholding Docs In Billing Fraud Suit
A hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme contends the Washington state attorney general's office has wrongly refused to provide records from agencies involved in the misconduct investigation, according to new filings in federal court.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Tesla Faces Trial Over Fatal Autopilot Crash In Florida
The first third-party wrongful death case involving Tesla's autopilot system is headed to trial Monday in Miami federal court, where jurors will determine whether the autopilot was at fault for the death of a pedestrian in a Florida Keys crash.
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July 11, 2025
Gun Group's NJ Nuisance Law Case Paused Amid State Action
A New Jersey federal judge has put the National Shooting Sports Foundation's lawsuit against the Garden State on hold, finding that the group's challenges to a state law — holding gunmakers and sellers liable for crimes committed with their products — are also being raised by one of its members in a related state enforcement action.
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July 11, 2025
NJ Libel Suit Against 'Legal Edutainer' Tossed For Good
A New Jersey federal judge on Friday tossed for good claims that a self-proclaimed online "legal edutainer" defamed the founder of a company that aims to help celebrities in mental health crises, finding that the complaint failed to remedy earlier complaints' pleading defects.
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July 11, 2025
2nd Circ. Backs NY Liability Law Targeting Gunmakers
The Second Circuit has upheld a New York public nuisance statute that opens up firearm manufacturers to civil lawsuits for acts of violence involving their guns.
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July 11, 2025
Fla. Panel Sends Trampoline Park Injury Suit To Arbitration
A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Litigation Funder Can't Escape Crash Loans Suit, Court Told
A married couple suing a litigation funding firm and multiple law firms, alleging they steered the couple into high-interest loans, told a New Jersey state court that they adequately pled fraud and urged the court not to dismiss their case against the funder.
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July 11, 2025
'Sketchy' Details Of Doc's Death Leave Fraud Case In Limbo
A Manhattan federal judge said Friday that he would consider dismissing charges against a New York City doctor accused of facilitating a $70 million insurance fraud if his death is confirmed, but cited ongoing questions over his purported demise in a boating accident.
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July 11, 2025
7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit
The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
Penn Hospital Can't Escape Record $207M Med Mal Judgment
A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
Conn. Hospital Hit With $20M Wrongful Death Verdict
A Connecticut state jury on Wednesday slapped an anesthesiologist group and Middlesex Hospital with a $20 million verdict, finding that they negligently ignored multiple signs that a patient was bleeding during and after a routine abdominal surgery.
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July 10, 2025
Golfer's Defamation Suits Not Up To Par, 11th Circ. Says
The Eleventh Circuit won't revive a pair of defamation suits by golfer Patrick Reed against media outlets he accused of defaming him by reporting accusations of cheating and criticism of his association with a Saudi Arabia-backed golf organization.
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July 10, 2025
50 Cent's Ch. 11 Reopened After Woman's $20M Injury Suit
A Connecticut bankruptcy judge on Thursday reopened recording artist 50 Cent's 2015 Chapter 11 case but allowed a New York jurist to first decide whether to dismiss a woman's $20 million injury case, setting up a potential showdown over whether a 2017 discharge order might upend the woman's February lawsuit.
Expert Analysis
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.