Personal Injury & Medical Malpractice

  • May 03, 2024

    6th Circ. Drops Bettors' Appeal Over Doped Derby Horse

    Kentucky Derby gamblers who claimed they had winning bets after officials disqualified the race's lead horse cannot sue Churchill Downs or the horse's Hall of Fame trainer Bob Baffert, the Sixth Circuit ruled, saying courts can't "turn a losing wager into a winning one."

  • May 03, 2024

    Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims

    A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.

  • May 03, 2024

    Outback Looks To Undo $2.5M Verdict In Slip-And-Fall Case

    Outback Steakhouse is seeking to ax a $2.5 million award to a woman who slipped and fell in one of its Garden State restaurants and urged a New Jersey federal judge to grant a new trial, arguing that the trial court erred in finding it committed spoilation of evidence.

  • May 03, 2024

    NJ Court Again Affirms Dismissal Of Suit Over Infant's Death

    A New Jersey appeals court on Friday denied a bid from a couple to reinstate their malpractice suit over the death of their 6-month-old son, saying they failed to show they had substantially complied with the statute of limitations.

  • May 03, 2024

    Chemours Escapes NJ Security Guard's Slip-And-Fall Suit

    A New Jersey security guard who slipped and fell outside a Chemours facility can't sue the chemical manufacturer or the companies it contracted to shovel away snow, a state appeals court has ruled, saying they didn't owe him a duty of care because he ventured out to do his job during an ongoing storm.

  • May 03, 2024

    Amazon Sued For 'Horrific' Burns, Amputation From Foot Bath

    A Pennsylvania man is suing Amazon.com Inc., Intertek USA Inc. and a pair of Chinese companies in federal court, saying he suffered "horrific burns" that led to the amputation of one foot after a foot bath he ordered through the online retailer malfunctioned and overheated.

  • May 03, 2024

    Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies

    A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 03, 2024

    Law Firm Pans Photographer's IP Suit Over Website Image

    The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.

  • May 03, 2024

    Publix Can't Send Questions To Ga. Justices In Opioid Suit

    A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.

  • May 03, 2024

    6 States Strike $270M Opioid Deal With Amneal

    The New York state attorney general on Friday said that a $270 million multistate deal had been reached with opioid manufacturer Amneal Pharmaceuticals for its role in the addiction epidemic over allegations that the company failed to report suspicious orders of the narcotics.

  • May 02, 2024

    Endo Judge Hopes Criminal Sentence Warns Opioid Makers

    A Michigan federal judge said Thursday she hoped Endo's criminal sentence for falsely advertising a pain medication as "abuse deterrent" would itself be a deterrent for other opioid makers, as she accepted the company's recent $200 million settlement deal with federal prosecutors. 

  • May 02, 2024

    'Inflammatory' Words Spark Sanctions Bid In Child Death Suit

    Catholic Charities Corp. and the estate of a 5-year-old boy who an Ohio jury said died in part because of the nonprofit's negligence sparred over whether it violates a "golden rule" of litigation for the jury to picture the boy's suffering, with the nonprofit seeking sanctions over what it considered to be "inflammatory" statements by the estate's attorney.

  • May 02, 2024

    Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies

    Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."

  • May 02, 2024

    Ship Captain Gets 4 Years Over Boat Fire That Killed 34

    A California federal judge on Thursday sentenced a ship captain to four years in prison over his conviction stemming from a deadly boat fire that killed 34 people, citing the captain's remorse and lack of ill intent as he declined to impose the government's and some victims' family members' request for the statutory maximum of 10 years.

  • May 02, 2024

    Abu Ghraib Contractor Torture Liability Case Ends In Mistrial

    A Virginia federal judge on Thursday declared a mistrial in a suit accusing military contractor CACI International of aiding and abetting torture at the Abu Ghraib military prison in Iraq, after the jury deadlocked following extensive deliberations.

  • May 02, 2024

    Camp Lejeune Litigants Ask Court Who Can Represent Family

    Family members of former residents of Camp Lejeune who died, allegedly after being exposed to contaminated drinking water, asked the North Carolina federal court overseeing the litigation on Wednesday to clarify who can qualify to act as a legal representative for out-of-state decedents.

  • May 02, 2024

    Biden Admin Must Reopen Gun Show Loophole, Texas Says

    Texas and several other Republican-led states sued the Biden administration to reopen the so-called gun show loophole, asking the courts to stop the ATF from enforcing a new rule that makes many more firearm sellers register federally and perform background checks when selling a gun.

  • May 02, 2024

    Biden Announces $3B To Fund Lead Pipe Replacement

    The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    Colo. Panel Says COVID Can Trigger Workers' Compensation

    A Colorado appellate court panel on Thursday ruled for the first time that COVID-19 can be considered an "occupational disease" under the state's workers' compensation law and affirmed the award of benefits to a woman whose husband died of the novel coronavirus while working at a skilled nursing facility.

  • May 02, 2024

    4th Circ. Revives Workers' Suit Over SC Plant Explosion

    The Fourth Circuit on Thursday revived claims from three workers burned in an explosion at a plastic recycling plant, saying the South Carolina Workers' Compensation Law can't deprive the federal courts of diversity jurisdiction in a case where they would otherwise have it.

  • May 02, 2024

    Judgment Vacated In Suit Over Law Professor's Recording

    A New Jersey federal judge has agreed to vacate judgments in a suit against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy.

  • May 02, 2024

    Schumer Reups Call For His Judge Shopping Bill

    U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."

  • May 02, 2024

    Plaintiff To Share 'Horrific' Story In First Zantac Cancer Trial

    The first trial in sprawling state and federal litigation over whether a chemical in Zantac heartburn medication and its generic counterparts causes cancer began Thursday in a packed Chicago courtroom, with counsel for an 89-year-old Illinois woman telling jurors her colorectal cancer diagnosis and the suffering it's caused can be attributed to her 20-year use of the drug.

Expert Analysis

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

    Author Photo

    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

    Author Photo

    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

    Author Photo

    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

    Author Photo

    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

    Author Photo

    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

    Author Photo

    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

    Author Photo

    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

    Author Photo

    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

    Author Photo

    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
    Author Photo

    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

    Author Photo

    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

    Author Photo

    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

    Author Photo

    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

    Author Photo

    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

    Author Photo

    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!