Personal Injury & Medical Malpractice

  • May 08, 2024

    Mich. Justices Unsure New Mandate Altered Old Auto Policies

    Michigan Supreme Court justices appeared divided Wednesday over whether an overhaul of the state's compulsory car insurance scheme affected pre-existing policies or applied only to policies issued after the reforms went into effect.   

  • May 08, 2024

    Conn. Healthcare Facility Owes $13.4M For Patient's Death

    A state trial court judge on Wednesday refused a Connecticut healthcare facility's requests to scuttle a $10 million jury verdict over a patient's death, agreeing to ratchet an estate's victory up to nearly $13.4 million because of interest dating back more than four years.

  • May 08, 2024

    Wash. Justices Decline Personal Injury Atty's Fee Split Spat

    Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.

  • May 08, 2024

    9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers

    The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy. 

  • May 08, 2024

    Ga. Doctor, Urology Clinic Want New Trial In $15M Death Case

    Attorneys for a Georgia doctor and urology clinic urged the Georgia Court of Appeals on Wednesday to set aside a $15 million jury verdict and order a new trial in a wrongful death case filed by the wife of an 80-year-old man who died following a November 2016 prostate surgery.

  • May 08, 2024

    Vape Fluid Co. Urges Justices To Take Up FDA Challenge

    Lotus Vaping Technologies LLC is urging the U.S. Supreme Court to hear its appeal of the U.S. Food and Drug Administration's denial of its application to market bottled flavored e-cigarette fluids, saying the case provides an appropriate vehicle to examine the FDA's policies.

  • May 08, 2024

    Fishermen Drop $35M Coast Guard Kidnapping Claims

    A pair of fishermen who accused the U.S. Coast Guard of "kidnapping" them for 10 days at sea, destroying their ship and getting them sent to prison for years on drug charges that were later dismissed have voluntarily dropped their $35 million suit over the incident.

  • May 08, 2024

    Kimberly-Clark Blasts 'Illogical' Connecticut PFAS Claims

    Kimberly-Clark Corp. is urging a federal judge to toss a proposed class action brought by three Connecticut residents who argued that the company contaminated private property near its New Milford manufacturing plant with toxic "forever chemicals," calling the allegations "illogical," speculative and incomplete.

  • May 08, 2024

    NJ Court Reverses Order Piercing School Board Atty Privilege

    A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.

  • May 08, 2024

    No Reimbursement For $5.5M Crash Settlement, Insurer Says

    A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.

  • May 07, 2024

    AIG Insurers Near Deal With Foam Co. Over MDL Coverage

    Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.

  • May 07, 2024

    Boeing Can't Widen Ethiopian Airlines Test Case Pool

    An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.

  • May 07, 2024

    9th Circ. Revives Removal Fight Over Justices' Notice Ruling

    A Honduran woman who received a notice to appear in immigration court without a time specified can resume fighting her deportation after the Ninth Circuit leaned on a U.S. Supreme Court ruling requiring all court hearing information to be on a single document.

  • May 07, 2024

    Ex-Tugboat CEO Can't Reinstate $75M Defamation Verdict

    A Washington state appeals panel won't let the former CEO of boating company Harley Marine Services Inc. reinstate a $75 million defamation verdict against his former business partners, finding that the comments that formed the basis for the verdict are covered under the state's "absolute" litigation privilege.

  • May 07, 2024

    Hospital Can't Force Nurse's Retaliation Suit Into Arbitration

    A Texas appellate court said Tuesday that a former nurse does not have to arbitrate claims that she was fired after reporting that a patient slapped her buttock, stating that a recently enacted federal law barring sexual assault-related claims from out-of-court resolutions applies to her case.

  • May 07, 2024

    Appeals Court Won't Block Live Nation Astroworld Deposition

    A Texas appeals court declined to block the deposition of Live Nation's CEO and president on Tuesday as it continues to weigh whether the first trial in litigation stemming from the deadly Astroworld crowd crush will be paused pending the resolution of an appeal by Apple.

  • May 07, 2024

    Panera To Nix 'Charged' Drink At Center Of Death Suits

    Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.

  • May 07, 2024

    Dave Chappelle Attacker Sues Hollywood Bowl Over Injuries

    A Los Angeles County man who says he was beat "ruthlessly" by security after he rushed the stage and tackled Dave Chappelle at a Hollywood Bowl show in 2022 to protest the comedian's "discriminatory" jokes has sued the venue for negligent security and battery.

  • May 07, 2024

    Russian Charged Over $100M LockBit Ransomware Scheme

    Federal prosecutors said Tuesday they have charged a Russian national with founding and heading the prolific ransomware group LockBit, which is accused of stealing more than $100 million from its victims.

  • May 07, 2024

    3rd Circ. Unsure Miss. Law Saves Kavanaugh Classmate's Suit

    Weighing whether New York or Mississippi law controls a libel lawsuit that Justice Brett Kavanaugh's former classmate filed against The Huffington Post could be moot if neither state's law offers an extension for refiling claims dismissed for lack of personal jurisdiction, a Third Circuit panel suggested Tuesday.

  • May 07, 2024

    Yale Can View Deposition In Fraudulent Insemination Suit

    Entities tied to Yale University can see a transcript of a deposition taken from a retired fertility doctor accused in two court actions of secretly using his own sperm for inseminations in the 1980s, as the school tries to shield itself from possible litigation, a Connecticut judge ruled Tuesday.

  • May 07, 2024

    7th Circ. Ruling Imperils Anonymity In NCAA, Netflix Cases

    Anonymous plaintiffs suing the NCAA and Netflix in separate cases in Indiana federal court must explain why they should be allowed to keep their identities hidden following a recent Seventh Circuit ruling that established "a stringent standard" relating to anonymity, a magistrate judge has ruled.

  • May 07, 2024

    Tennis Org. Ordered To Pay $9M For Sexual Abuse Negligence

    The U.S. Tennis Association has been ordered to pay $9 million to tennis pro Kylie McKenzie, who has waged a legal battle against the organization over its failure to shield her from sexual abuse at the hands of her coach at a Florida training center.

  • May 07, 2024

    Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told

    An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.

  • May 06, 2024

    Hospital Hits Back At Kowalskis' Bid For Sanctions

    Johns Hopkins All Children's Hospital urged a Florida court on Friday to reject a sanctions bid by the attorneys for Maya Kowalski — who won a $213 million verdict against the hospital and was the subject of the Netflix documentary "Take Care of Maya" — against the hospital's attorneys, arguing that the request for the court to refer them to the Florida Bar is improper.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • NC TikTok Order Holds Lessons On Handling State AG Probes

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    Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

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