Personal Injury & Medical Malpractice

  • March 31, 2025

    Boston Bomber Judge Won't Recuse From Juror Bias Inquiry

    A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.

  • March 29, 2025

    Up Next At High Court: Terror Liability, Health Provider Choice

    The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers. 

  • March 28, 2025

    Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels

    Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.

  • March 28, 2025

    Purdue Lawsuit Injunction Extended Ahead Of Plan Hearings

    Bankrupt drugmaker Purdue Pharma LP received a further extension of a bar on litigation against the company and its owners in the Sackler family as the debtor pursues a late May approval of a disclosure statement describing a Chapter 11 plan premised on a $7.4 billion settlement of opioid claims.

  • March 28, 2025

    Water Park Injury Award Coverage Capped At $1M, Court Told

    An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.

  • March 28, 2025

    AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits

    An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.

  • March 28, 2025

    Judge Won't End Atty Dispute Over Beirut Bombing Suit

    A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.

  • March 30, 2025

    Safari Co. Seeks Arbitration In Hippo Attack Death Suit

    A Connecticut-based tour operator says a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during an African safari belongs in arbitration, promising to contest claims by the woman's husband and estate.

  • March 28, 2025

    Haiti Ex-Mayor Convicted Of Visa Fraud Over Violence

    A Boston federal jury on Friday convicted a former Haitian mayor of lying on a visa form about his involvement with an extrajudicial killing and attempted murders before fleeing the island country and seeking permanent residence in the United States.

  • March 28, 2025

    Stay Of Sex Assault Suits Sought After Foreman's Death

    The death of George Foreman has prompted two women suing the late boxer in California federal court for sexual assault to request a 90-day pause in their lawsuits until a legal representative can be appointed.

  • March 28, 2025

    Ex-Paralegal Sues Ga. Personal Injury Firm Over 658 OT Hours

    An Atlanta-based personal injury law firm didn't pay a former paralegal for 658 hours of overtime, and it erroneously considered her a salaried-exempt employee, according to a lawsuit filed in Georgia federal court.

  • March 28, 2025

    1st Circ. Clears Way For Karen Read Retrial

    The First Circuit won't stand in the way of a retrial set to start Tuesday for Karen Read, the Massachusetts woman who is charged with hitting her Boston police officer boyfriend with her SUV and leaving him to die three years ago.

  • March 27, 2025

    Nuture Can't Escape Parents' Heavy Metal Baby Food Case

    Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.

  • March 27, 2025

    Tesla Faces Fraud Claims Over Fatal Autopilot Crash

    A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.

  • March 27, 2025

    Diocese Creditors Gain Access To Abuse Claim Data In Ch. 11

    Creditors of the Archdiocese of San Francisco will have access to records of the archdiocese's independent review board after a California bankruptcy judge said production of the documents serve a valid purpose in its Chapter 11 case.

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Senate Panel Grills FAA, Army On DCA Midair Collision

    U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.

  • March 27, 2025

    Barretts Mediator Feinberg Blames Committee For Impasse

    The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."

  • March 27, 2025

    Royal Caribbean Seeks Arbitration In Hidden Camera Lawsuit

    Royal Caribbean Cruises Ltd. is pressing a Florida federal court to force an Iowa family to arbitrate their damages claim after a now-former employee secretly placed a hidden camera in their underage daughter's cabin, saying there was no physical injury that would exempt the claim from an underlying arbitration clause.

  • March 27, 2025

    Mich. Panel Sets Liability Precedent For Sports Facilities, Refs

    In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.

  • March 27, 2025

    FCA Suit Alleging Unnecessary Spinal Surgeries Avoids Dismissal

    A Washington federal judge declined Wednesday to toss the state and federal government's suit alleging a hospital operator made millions of dollars by submitting false claims to Medicaid and Medicare for medically unnecessary surgical procedures.

  • March 27, 2025

    Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal

    A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.

  • March 27, 2025

    Fla. High Court Widens Anti-SLAPP Rights In Blogger Suit

    A split Florida Supreme Court on Thursday expanded the right of a Miami-area blogger to challenge a defamation lawsuit, allowing state appellate courts to review rulings denying bids to toss such complaints based on strategic lawsuits against public participation provisions, or anti-SLAPP, before those cases have concluded.

  • March 27, 2025

    Texas Law Firm Must Face 2nd Firm's Paxil Fees Suit

    A Texas appellate court affirmed Thursday that a law firm battling its former co-counsel over the proceeds of lawsuits concerning the antidepressant drug Paxil can't use the state's anti-SLAPP statute to avoid a breach of contract claim but tossed an award of $100,000 in attorney fees.

  • March 27, 2025

    Panera Franchisee Blames Insurer For Slip-And-Fall Payout

    A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.

Expert Analysis

  • 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.

  • Series

    The 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.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

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