Personal Injury & Medical Malpractice

  • April 22, 2025

    'Contract' Key To Law School Loan Appeal, Conn. Court Told

    A Florida employment attorney is wrong to argue that a family court order qualifies as a contract, counsel for the mother of his child told the Connecticut Appellate Court on Tuesday in defending her win in an unjust enrichment case over his student loan payments.

  • April 22, 2025

    ESPN's Sharpe Threatens Suit Against Nev. Rape Accuser

    Pro Football Hall of Famer and current ESPN broadcaster Shannon Sharpe on Tuesday denied accusations in a $50 million Nevada state civil suit by a former girlfriend that he raped and threatened to choke her, saying in a social media video that he planned to sue her for defamation.

  • April 22, 2025

    Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty

    Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.

  • April 22, 2025

    Customer Sues Amazon Over Burns From Heating Pad

    A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.

  • April 22, 2025

    Tesla Reaches Settlement With Widow In Wrongful Death Suit

    Tesla Inc. has reached a settlement resolving a woman's wrongful death suit claiming her husband was killed after his Tesla Model Y suddenly accelerated and crashed into a gas station pump support column, according to a notice filed Monday in California federal court.

  • April 22, 2025

    Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says

    Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.

  • April 22, 2025

    Death Suit Against Jet Ski Co. Meets Skeptical Wash. Panel

    A Washington state appellate panel expressed skepticism on Tuesday of a family's appeal in a wrongful death case against a jet ski rental shop, with one judge suggesting it was "total speculation" that the fatal accident was triggered by high winds the business should have warned patrons about.

  • April 22, 2025

    Calif. Judge Who Shot Wife Convicted Of 2nd Degree Murder

    A Santa Ana jury on Tuesday found Orange County Superior Court Judge Jeffrey Ferguson guilty of second-degree murder in the August 2023 shooting death of his wife, convicting the judge in a retrial just weeks after a previous jury hung on the charges.

  • April 22, 2025

    Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row

    The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal court ruled, rejecting arguments that the insurer breached its duties.

  • April 22, 2025

    Houston Atty, Woman End Sex Tape Suit After FBI Inquiry

    A Houston attorney and a woman who accused him of filming a sexual encounter with her and sharing it without her consent have agreed to drop the dispute.

  • April 22, 2025

    Atty Says Sig Sauer Defamed Him In Pistol Safety Statement

    A Connecticut lawyer on Tuesday added to an ongoing legal battle with weapons manufacturer Sig Sauer Inc., filing a new lawsuit claiming the gunmaker referenced him in a March 7 press release suggesting trial attorneys made misrepresentations about gun safety.

  • April 22, 2025

    Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal

    A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.

  • April 21, 2025

    Judge Purposely Shot Wife Dead, Orange County DA Sums Up

    California state Judge Jeffrey Ferguson murdered his wife by drunkenly pointing a loaded gun at her during a heated argument and pulling the trigger, prosecutors said during closing arguments Monday, while defense counsel maintained he was fumbling with the gun because of a shoulder injury and it accidentally fired.

  • April 21, 2025

    Calif. Judges Who Lost Homes Sue LA Over Palisades Fire

    A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.

  • April 21, 2025

    'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit

    A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.

  • April 21, 2025

    Justices To Mull Tort Liability For USPS 'Campaign Of Terror'

    The U.S. Supreme Court agreed Monday to assess the U.S. Postal Service's liability under federal tort law for intentional delivery failures — an issue nominally focused on an alleged "racially motivated harassment campaign" against a Texas woman but also broadly relevant to delivery lapses in the nation's vast mail system.

  • April 21, 2025

    New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit

    Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.

  • April 21, 2025

    7th Circ. Gives Costco Slip-And-Fall Suit A Second Life

    The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.

  • April 21, 2025

    Kentuckian Sues Medtronic, FDA Over Spinal Cord Stimulator

    A Kentucky woman has hit Medtronic and the U.S. Food and Drug Administration with a suit alleging that a 41-year-old spinal cord stimulator device worsened her pain, and that updates to the device over the years weren't diligently reviewed by the agency.

  • April 21, 2025

    Royal Caribbean Faces Class Action Over Hidden Cameras

    A putative class suing Royal Caribbean after a now-former employee secretly placed a hidden camera in their rooms is fighting the cruise line's bid to force their damages claims into arbitration, saying it's "absurd" to argue that they agreed to waive their right to litigate such claims.

  • April 21, 2025

    Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature

    Georgia Gov. Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding.

  • April 21, 2025

    Litigation Funder Accused Of Not Protecting User Data

    Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.

  • April 21, 2025

    Insurers Clash Over Coverage In Racetrack Injury Suit

    Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other companies had wrongly declined coverage for subsidiaries of the insured.

  • April 21, 2025

    Justices Won't Review Philly Atty's 5-Year Suspension

    A Philadelphia attorney's appeal of a five-year suspension deeming him a "danger to the public" will not move forward after the U.S. Supreme Court declined to review the case, according to orders released Monday.

  • April 21, 2025

    Justices Kick Flavored-Vape Dispute Back To 5th Circ.

    After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.

Expert Analysis

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • Opinion

    CPSC's Amazon Ruling Is A Win For Safety, Accountability

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    A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

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