Personal Injury & Medical Malpractice

  • May 23, 2025

    Boston Not Liable Over School Shooting, Appeals Court Says

    The city of Boston is not liable for injuries to a high school student shot by a classmate while being dismissed early to attend a funeral, nor for the trauma experienced by his mother and younger siblings who were also in the line of fire, a Massachusetts intermediate appellate court concluded Friday.

  • May 22, 2025

    What's Next As DOJ Mulls Dropping Boeing Criminal Case

    Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.

  • May 22, 2025

    Clinic Tells NC Justices Med Mal Reforms Apply To Practices

    An orthopedic clinic is urging North Carolina's highest court to free it from a family's negligent-retention claim over an allegedly faulty surgery by a doctor who later lost his license, asserting that the lower court incorrectly found that state medical malpractice statutes and subsequent reforms don't apply to medical practices.

  • May 22, 2025

    Alaska Airlines Grilled In Wash. COVID Workers' Comp Case

    Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.

  • May 22, 2025

    Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court

    Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.

  • May 22, 2025

    Trip-And-Fall Jury Mistake Was Harmless, Panel Rules

    The Connecticut Appellate Court on Thursday upheld a trip-and-fall defendant's trial court win after the plaintiff claimed the jury had been given an incorrect draft copy of interrogatories that did not cover the full scope of the claims, finding that the error was "harmless."

  • May 22, 2025

    Ga. Attys Win Fight Over Lien Fees In Personal Injury Suit

    The Georgia Court of Appeals has upheld a nearly $500,000 attorney's lien order requiring a man to pay his former legal team attorney fees, finding Thursday that the attorneys had reasonable cause to withdraw from guiding him in a personal injury suit against Whole Foods after he rejected a $2 million settlement offer and the attorney-client relationship "deteriorated."

  • May 22, 2025

    Fox Rothschild, Litigation Funder Sued Over NJ Crash Loans

    A former client is suing a Perth Amboy, New Jersey, personal injury firm, a litigation funder and Fox Rothschild LLP for allegedly steering him into multiple loans during his car accident suit with exorbitant interest rates that left him owing more money than his settlement was worth.

  • May 22, 2025

    2nd Suit Says Fla. Investigator Lied About Insurance Fraud

    A Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.

  • May 22, 2025

    Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute

    A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.

  • May 22, 2025

    New Orleans Archdiocese Strikes $179M Abuse Deal

    The committee representing sexual abuse claimants in the Chapter 11 case of the Roman Catholic Archdiocese of New Orleans that began five years ago has announced it reached a roughly $179 million settlement of hundreds of abuse claims.

  • May 21, 2025

    Ore. Fire Verdict Brings PacifiCorp Damages To $385M

    An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.

  • May 21, 2025

    'DIY' Rape Kit Ban Challenge Seems To Leave 9th Circ. Split

    A Ninth Circuit panel appeared divided Wednesday over a company's appeal in its case challenging Washington state's ban on self-administered DNA collection kits for sexual assault survivors, with one judge remarking the product "doesn't do a whole heck of a lot" if the evidence isn't admissible in court.  

  • May 21, 2025

    Google, Character.AI Can't Escape Suit Over Teen's Suicide

    A Florida federal judge on Wednesday greenlit the bulk of claims in a suit accusing Character.AI and Google of causing a 14-year-old's suicide after he became addicted to an artificial intelligence chatbot, saying the AI app can be considered a product for the purposes of a product liability claim.

  • May 21, 2025

    Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment

    A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.

  • May 21, 2025

    Yale Says Misconduct Tanks Ex-Student's Defamation Case

    Yale University and a woman who accused a classmate of sexual assault, resulting in his expulsion, have together asked a Connecticut federal judge to throw out the since-acquitted student's defamation and contract claims, arguing that repeated and "egregious" litigation misconduct despite court warnings warrants dismissal.

  • May 21, 2025

    Conn. Diocese Ch. 11 Plan Approved With $31M Abuse Fund

    A Connecticut bankruptcy judge on Wednesday approved the Chapter 11 plan of the Norwich Roman Catholic Diocese, clearing the way for survivors of childhood sexual abuse at the hands of priests and religious brothers to be compensated through a $31 million settlement fund.

  • May 21, 2025

    Texas Bills To Watch Before The End Of The 2025 Session

    With less than two weeks remaining in the Texas legislative session, lawmakers will hit several deadlines in the coming days that will seal the fate of bills surrounding legal procedure, abortion, artificial intelligence and other topics.

  • May 21, 2025

    SC Justices Affirm Receivership Order In Asbestos Dispute

    The South Carolina Supreme Court on Wednesday unanimously upheld a trial court's decision to appoint a receiver over a Canadian company's insurance assets as part of discovery sanctions in an asbestos injury lawsuit, despite the company's contention it possesses no property in the state.

  • May 21, 2025

    Goddard Systems Settles $11M Shaken Baby Suit In Conn.

    Goddard Systems Inc. has settled a lawsuit claiming that negligence in hiring at one of its franchise schools resulted in an employee shaking an infant and permanently injuring them, according to a new order issued in the Connecticut Superior Court.

  • May 21, 2025

    Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal

    A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.

  • May 21, 2025

    School Shooting Victims' Suits Tossed After 6th Circ. Ruling

    Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.

  • May 21, 2025

    Pa. Justices To Mull State DOT Liability For Hanging Branches

    The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.

  • May 21, 2025

    Girardi's Son-In-Law Was No 'Babe In The Woods,' Feds Say

    The Chicago federal judge presiding over a summer client theft trial against Girardi Keese founder Tom Girardi's son-in-law should not limit the government's case based on positions it took during Girardi's California trial because its positions are consistent, and the cases are charged differently, prosecutors argued Wednesday.

  • May 21, 2025

    Clerk Shouldn't Have Deemed Injury Suit Late, Pa. Court Rules

    The Pennsylvania Superior Court ruled in a precedential opinion that a county prothonotary clerk did not have the authority to reject an injury lawsuit against a resort as lacking the proper signatures or as untimely after the filing sat in the courthouse for five days, with the appellate court reviving the case for further proceedings.

Expert Analysis

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    A Federal Insurance Mandate For Private Aviation Is Overdue

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    A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

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