Personal Injury & Medical Malpractice

  • September 19, 2024

    Texas Med Mal Law Axes Crash Suit Against Ambulance Driver

    A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.

  • September 19, 2024

    Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit

    The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.

  • September 19, 2024

    10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea

    The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.

  • September 19, 2024

    Dallas Judge's Ruling Leaves State Fair Gun Ban Intact

    A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.

  • September 19, 2024

    Family Sues Union Pacific, Metra Over Fatal Crash

    The family of a teenager who was hit and killed by a train while crossing railroad tracks on a foggy winter day has filed suit against the Union Pacific Railroad Co. and Chicago's commuter rail system, claiming they failed to put pedestrian safeguards in place.

  • September 19, 2024

    Conn. Justices Seem Open To Child Bond Claims In Injury Suit

    Two Connecticut Supreme Court justices on Thursday seemed open to allowing parents to seek a new legal remedy for the impairment of their relationship with a child, with one justice observing that compensable losses aren't limited to "obligatory functions" under the state's existing tort law.

  • September 19, 2024

    Another Ill. Jury Deadlocks Over Zantac Cancer Claims

    There was another mistrial declared on Wednesday in a lawsuit over claims that pharmaceutical company Boehringer Ingelheim's over-the-counter-drug for heartburn, Zantac, caused a man's cancer in a case brought by the Illinois man.

  • September 19, 2024

    Union Pacific Contractors Again Escape Texas Enviro Claims

    A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.

  • September 19, 2024

    Boeing Beats Suit Over Workers' Love-Triangle Murder

    A Washington federal judge has again tossed a lawsuit against Boeing over a love triangle that led a Boeing employee to murder his coworker, dismissing the case for good because the killing did not occur during working hours or at the workplace.

  • September 19, 2024

    Ohio Panel Says Landfill Death Suit Shouldn't Be Thrown Out

    A split Ohio state appeals court has revived a wrongful death suit brought against waste management firm Rumpke Sanitary Landfill Inc. over a tree on its land that fell and killed a motorist passing a landfill, with one judge saying the company can't be held liable and another calling for new standards.

  • September 19, 2024

    Calif. Panel Rejects Malpractice Claim In Ambulance Crash Suit

    A California appeals panel won't revive a woman's legal malpractice suit against her former attorney stemming from an ambulance crash suit that was filed too late, finding she also filed the malpractice suit outside the one-year statute of limitations.

  • September 19, 2024

    AT&T To Pay For Removal Of Hazardous Lake Tahoe Cables

    A California sportfishing nonprofit on Wednesday told a federal court that an AT&T subsidiary has agreed to pay an estimated $1.5 million to remove its lead-clad telecom cables in Lake Tahoe to end litigation that the cables pose a health threat.

  • September 19, 2024

    Snapchat Settles Conn. Bitmoji Sex Assault Case

    Snapchat parent company Snap Inc. has settled a Connecticut state court case accusing it of enabling sexual predators to convince their targets to meet them in person through the use of Bitmojis, which are cartoonish, youthful-looking caricatures of the platform's users.

  • September 19, 2024

    NY Knicks Owner Escapes Federal Sex Trafficking Claims

    A California federal judge has dismissed sexual assault and trafficking claims against New York Knicks owner James Dolan, casting a hired massage therapist's accusations against him as "speculative" but leaving the door open for further litigation in state court.

  • September 18, 2024

    Stonewalling Justifies Cab Co. Atty's Deposition, Court Rules

    A Florida appeals court ruled Wednesday that counsel for Yellow Cab Co. can be deposed after the company's president stonewalled a personal injury plaintiff by answering "I have no idea" to virtually every question at his deposition, saying "exceptional circumstances" warrant the second deposition.

  • September 18, 2024

    Fla. Jury Awards $5M To Teacher Injured In Car Crash

    A Florida state court jury has awarded more than $5 million to a teacher involved in a 2022 vehicle collision, resulting in serious injuries to her back and neck following a trial in Jacksonville.

  • September 18, 2024

    Fla. Judge Won't Sanction Circle K Over Late-Produced Docs

    A Florida judge Wednesday declined to sanction Circle K for failing to disclose the name of the contractor that inspected the gas pump where a woman was later killed, finding that the woman's family had failed to convincingly show that the company had deliberately schemed to hide the information.

  • September 18, 2024

    Wynn Resorts To Pay Investors $70M Over Misconduct Claims

    Wynn Resorts, its former CEO Stephen Wynn and others have reached a $70 million settlement in Nevada federal court to end an investor class action accusing the hotel and casino giant of deceiving shareholders by covering up allegations of Wynn's sexual misconduct, according to a Tuesday filing.

  • September 18, 2024

    Feds Say Afghan Allies Can't Sue Over Kids' Visa Denials

    The U.S. Department of Homeland Security urged a Virginia federal judge to toss a suit from Afghan allies who claim their children's visa applications were arbitrarily denied, saying the suit has no legal leg to stand on.

  • September 18, 2024

    VW Can't Nix $4.7M Mechanic's Brake Pad Asbestos Verdict

    A Washington state appeals court has refused to throw out a $4.7 million verdict in favor of the estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads, rejecting the automaker's arguments that the evidence didn't support the verdict or that the jury instructions were wrong.

  • September 18, 2024

    Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit

    A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.

  • September 18, 2024

    Combs Denied Bail, Feds Cite 'Massive' Trafficking Evidence

    A Manhattan federal judge on Wednesday denied bail for Sean "Diddy" Combs, upholding an earlier detention order despite a pitch by the hip-hop mogul accused of violent sex trafficking to be released to his luxe Miami Beach island home while awaiting trial.

  • September 18, 2024

    Feds Delay Report Into Surfside Condo Collapse Until 2026

    Federal investigators said a draft report into the June 24, 2021, collapse of the Champlain Towers in Surfside, Florida, that killed nearly 100 people won't be ready until 2026, instead of next year, after a series of holdups.

  • September 18, 2024

    DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse

    The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.

  • September 18, 2024

    Harvard Rips Morgue Theft Appeal's Immunity Claim

    Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.

Expert Analysis

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Rise Of Transpo Contractors Brings Insurance Disputes

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    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Strategies To Defend Against Healthcare Nuclear Verdicts

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    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

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