Personal Injury & Medical Malpractice

  • September 15, 2025

    Cookie Buyers Can't Get Certified In Mistranslated Label Suit

    A California federal judge on Monday denied certification to a proposed class of cookie buyers alleging that tree nuts were omitted from the English label of imported Japanese cookies, saying individualized questions about which consumers read, relied on and were injured by the mistranslation would predominate.

  • September 15, 2025

    Segway Says E-Scooter Hazard Suit Doesn't Belong In Wash.

    Segway Inc. is urging a Washington federal court to dismiss a proposed class action alleging its electric scooters are shipped with a dangerous defect, saying the company doesn't have sufficient ties to the state for it to have jurisdiction.

  • September 12, 2025

    Uber Rider's Past Sex Conduct Off Limits In Sex Assault Trial

    A California state judge overseeing a bellwether trial over sexual assault allegations against Uber warned attorneys for the ride hailing giant Friday that when it questions the plaintiff in coming days, it won't be allowed to elicit testimony about her other sexual activity unless her side "opens the door."

  • September 12, 2025

    FAA Suggests $3.1M Boeing Fine For 2024 Door-Plug Blowout

    The Federal Aviation Administration has proposed fining Boeing over $3.1 million for safety violations, including some related to the midair door-plug blowout on a 737 Max 9 jet operated by Alaska Airlines in 2024, according to an announcement made Friday.

  • September 12, 2025

    Faulty Expert Report Dooms Foreign Object Med Mal Case

    A Texas appellate court has dismissed claims against an obstetrician for allegedly negligently leaving surgical gauze in a woman's abdomen during a cesarean section, saying her medical expert submitted a report that did not comply with the state's medical malpractice statute.

  • September 12, 2025

    3rd Circ. Backs Fox News In DHS Expert's Defamation Suit

    The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.

  • September 12, 2025

    Roblox, Discord Face Wrongful Death Suit Over Teen's Suicide

    The mother of a California teenager who died by suicide sued Roblox and Discord on Friday, claiming that her son was groomed and abused for years by a man who found him on the gaming platform, showed him how to disable parental controls and forced him to share explicit images.

  • September 12, 2025

    PetSmart Not Liable For Worker's Alleged Assault, Jury Says

    A Michigan federal jury on Friday found that PetSmart Inc. is not liable for its employee's assault on a customer in 2020 over a dispute involving the price of a dog toy, instead finding that the worker was completely responsible for the incident and awarding the customer $5,000.

  • September 12, 2025

    Ga. Jail Medical Provider Ignored Sheriff's Abuse, Suit Says

    A man who successfully brought an excessive force claim against former Clayton County Sheriff Victor Hill for strapping him in a chair for so long his wrists became scarred has now filed a Georgia federal suit against a jail medical provider, its director and two people he called "Hill's designated enforcers."

  • September 12, 2025

    Anti-Vax Dr. Asks 11th Circ. To Revive NYT Defamation Suit

    Alternative medicine proponent Dr. Joseph Mercola on Friday asked the Eleventh Circuit to revive his defamation suit against The New York Times over a 2021 report about his statements criticizing the COVID-19 vaccines, calling it a "character assassination piece to shut him down."

  • September 12, 2025

    Woman Gets Another Shot At LA Fitness Treadmill Suit

    A California appeals court has revived a woman's suit alleging that she was injured by a faulty treadmill at an LA Fitness gym, saying there is a triable issue of fact regarding whether she electronically signed an injury waiver.

  • September 12, 2025

    Atlanta Braves, Player Pulled Back Into Fans' Injury Suit

    The Georgia Court of Appeals on Friday reversed a trial court order freeing the Atlanta Braves and baseball outfielder Jorge Soler from a suit filed by a married couple who allege the wife was injured after being struck in the eye with a baseball during a 2021 World Series game.

  • September 12, 2025

    Entertainment Center Escapes Suit Over 'Freakish' Collision

    A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.

  • September 12, 2025

    1st Circ. Says Cops Partially Immune In Kneeling Case

    Two Massachusetts police officers have qualified immunity for some conduct that allegedly led to a man's death following a wellness check, the First Circuit has ruled.

  • September 12, 2025

    Insurer Says Demolition Co. Can't Pursue Damage Offset

    An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.

  • September 12, 2025

    Ohio Panel Won't OK Sanctions In Casino Assault Suit

    An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.

  • September 11, 2025

    Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'

    A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

    Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

  • September 11, 2025

    Ga. Panel Sends Officer Crash Suit Back For Notice Review

    The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.

  • September 11, 2025

    Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute

    Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.

  • September 11, 2025

    Panel Says $4.5M Wrongful Death Award Lacked Evidence

    A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.

  • September 11, 2025

    Texas Justices Wary Of Letting Developers Out Of $75M Bond

    Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.

  • September 11, 2025

    Roblox, Discord Again Accused Of Ignoring Teen Exploitation

    The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.

Expert Analysis

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

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