Personal Injury & Medical Malpractice

  • 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.

  • April 19, 2025

    Up Next At High Court: Preventive Healthcare, LGBTQ Books

    The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties. 

  • April 18, 2025

    PI Firm Sues Its Own Expert For Being 'Out Of Touch' At Depo

    A New Jersey personal injury law firm filed suit in state court against an expert witness it alleges had threatened to withdraw if he didn't receive an advance payment for preparing and attending his deposition, and then turned up to the deposition "confused, disoriented and out of touch."

  • April 18, 2025

    Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial

    A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.

  • April 18, 2025

    11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting

    The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of whether its insurer should've offered to settle based on the premises' liability.

  • April 18, 2025

    No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says

    An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.

  • April 18, 2025

    Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit

    An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."

  • April 18, 2025

    Factory Worker Drops Injury Suit Over Cessna Crash

    A factory worker has dropped his personal injury suit against aircraft company Textron Aviation Inc. over a Cessna Citation 560XLS+ plane that crashed into his workplace, according to a filing in Connecticut state court.

  • April 18, 2025

    Ill. Justices To Weigh Scope Of Standard Pollution Exclusions

    The Illinois Supreme Court will consider whether pollution exclusions in standard-form commercial general liability policies apply to industrial emissions allowed under a regulatory permit, the court said Thursday, agreeing to take up a question certified by the Seventh Circuit.

  • April 18, 2025

    OxyChem Unit Settles Bid To Share Ohio Derailment Blame

    Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.

  • April 17, 2025

    Apple Slams Claim Amber Alert On AirPod Hurt Boy's Hearing

    Apple urged a California federal judge Thursday to toss claims that a set of AirPod Pro earbuds was defective, causing an Amber alert to damage a 12-year-old boy's hearing, saying there's no evidence the notification could have caused the injury and the family's expert didn't rule out COVID-19 as the cause.

  • April 17, 2025

    Bard Plant's Emission Controls Weren't Up To Snuff, Jury Told

    A Georgia state jury heard Thursday that a C.R. Bard medical equipment sterilization plant carelessly emitted ethylene oxide by going years without pollution controls, and later failing to diligently use and maintain the controls it did eventually install.

  • April 17, 2025

    Ozempic Caused Blindness, NC Woman Claims

    A North Carolina woman said in New Jersey federal court Wednesday that her use of the diabetes drug Ozempic resulted in the permanent loss of her vision, alleging that manufacturer Novo Nordisk A/S should have known the drug could cause blindness.

  • April 17, 2025

    NC Justice Unsure Contractor Can Avoid Workers' Comp Payout

    A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.

  • April 17, 2025

    Argentine Gunmaker Seeks Exit From Pistol Defect Suit

    An Argentine gun manufacturer asked a federal judge Wednesday to toss a Georgia man's lawsuit alleging a dangerous defect in the design of a 9mm pistol caused him to be shot when the gun accidentally discharged, arguing the court lacks jurisdiction over the case.

  • April 17, 2025

    Patient Drops Suit Over Scalpel Blade Left In Him For 5 Years

    A New York man who accused his surgeon of leaving a scalpel blade in his shoulder after a 2018 operation and then covering up the mistake for years has come to an agreement with that doctor and the surgery center he worked in to dismiss their dispute from Connecticut federal court.

Expert Analysis

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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