Personal Injury & Medical Malpractice

  • July 02, 2024

    Ind. High Court Say Firefighter's Fall Suit Can Go Forward

    The Indiana Supreme Court on Tuesday gave the green light to a firefighter's injury suit over him falling through a gap in a wall while responding to a fire, saying the state's "First Responder Rule" doesn't preempt his claim because the alleged negligence that caused the fire is not the cause of his injury.

  • July 02, 2024

    Flint Needs State Help After Years Of Pipe Delays, Judge Says

    A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.

  • July 02, 2024

    Butterball Must Face NC Worker's Assault Suit In State Court

    The North Carolina Court of Appeals ruled Tuesday that a lawsuit accusing turkey processor Butterball of failing to stop a worker's assault can't be resolved administratively because the injuries didn't occur in the course of the employee's work.

  • July 02, 2024

    Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case

    The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.

  • July 02, 2024

    Supreme Court Won't Hear Ill. Gun Ban Dispute

    The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision upholding laws by the state of Illinois and a Chicago suburb banning the sale of assault weapons.

  • July 02, 2024

    Justices Order Post-Rahimi Review For Felon Gun Ban

    The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    Hunter Biden Says Fox News 'Humiliated' Him With Mock Trial

    Hunter Biden has accused Fox News of humiliating and harassing him with its fictional, six-part "mock trial" series, which he called a politically motivated attack that featured sexually explicit photos of him, according to a privacy and personal injury lawsuit filed Sunday in New York state court.

  • July 01, 2024

    Philly Developer's Co. Must Pay $68.5M Over Worker's Death

    The family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome has been awarded $68.5 million by a Philadelphia jury, sticking prominent city developer Ori Feibush's construction company with a hefty tab.

  • July 01, 2024

    Nev. Supreme Court Won't Give Gruden 2nd Try Against NFL

    The Nevada Supreme Court will not rehear a decision to send to arbitration former Las Vegas Raiders head coach Jon Gruden's defamation lawsuit against the NFL, a three-member court panel ruled Monday.

  • July 01, 2024

    Colo. Justices To Mull If Xcel Is Immune From Injury Suits

    Colorado's justices announced Monday that they will consider whether a state-approved utility tariff governing Xcel's relationship with its customers can immunize the company from lawsuits about powerline injuries, including those brought by noncustomers.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    July 4 Parade Shooting Survivors In Ill. Sue Smith & Wesson

    The families of victims of the 2022 July Fourth parade shooting in Highland Park, Illinois, are suing Smith & Wesson and firearm retailers in state court, alleging they deliberately marketed the M&P-15, an AR-15-style rifle, to appeal to people like the shooter.

  • July 01, 2024

    4th Circ. Hikes Damages In 'Unite The Right' Rally Suit

    The Fourth Circuit ruled Monday that Virginia's punitive damages cap must be applied on a per-plaintiff basis, reversing a federal district court ruling that had limited a nearly $24 million verdict against white supremacists accused of planning violence at the 2017 "Unite the Right" rally to a total of $350,000.

  • July 01, 2024

    Atty Not 'Annoying' Enough For Restraining Order

    A California appeals court affirmed Monday a finding that a personal injury attorney's aggressive behavior toward another attorney only rose to the level of "annoying" and thus didn't warrant a permanent restraining order, saying the behavior must rise to the level of "seriously annoying" to be considered harassment.

  • July 01, 2024

    NJ Judge Tosses J&J Unit's Libel Claim Over Talc Study

    A New Jersey federal judge has tossed a bankrupt Johnson & Johnson unit's libel suit over a scientific article linking talcum powder to mesothelioma, ruling the challenged statements in the article are scientific conclusions protected by the First Amendment.

  • July 01, 2024

    Top Personal Injury, Med Mal News: 2024 Midyear Report

    A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    GSK Wants Lab's Zantac Whistleblower Suit Moved To Florida

    GlaxoSmithKline wants a Connecticut laboratory's federal whistleblower lawsuit moved from Pennsylvania to Florida, where a West Palm Beach court has already overseen four years of a multidistrict litigation that GSK said was touched off by the same lab's claims that Zantac breaks down into a cancer-causing chemical.

  • July 01, 2024

    Fla. Court Releases 2006 Epstein Grand Jury Transcripts

    A Florida state court judge on Monday made public the 2006 grand jury transcripts of the Jeffrey Epstein sex abuse investigation after a newspaper persuaded him to reconsider releasing them in light of a new law signed by Gov. Ron DeSantis earlier this year.

  • July 01, 2024

    Feds Say Ex-Magellan Officer's Atty May Have Conflict

    A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.

  • July 01, 2024

    Conn. Lawmaker Says Cops Mishandled Her Sexual Assault

    A Connecticut state lawmaker took the city of Hartford to federal court, alleging that its Police Department "discounted" her reports of sexual assault and subsequent injuries, and "leaked biased and skewed information" to news outlets after a man attacked her outside a prayer event officers were patrolling.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?

    The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.

  • June 28, 2024

    CUNY Medical Prof Accused Of Fabricating NIH Grant Apps

    A medical professor at the City College of New York and paid adviser to Cassava Sciences has been indicted on allegations he falsified scientific data in grant applications submitted to the National Institutes of Health on behalf of himself and Cassava, prosecutors announced Friday.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • 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.

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