Personal Injury & Medical Malpractice

  • February 20, 2024

    Tennis Organization Found Negligent In Pro's Sexual Assault

    A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.

  • February 20, 2024

    Justices Deny 9/11 Widows' Challenge to Damage Distribution

    The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.

  • February 20, 2024

    Justices Decline Malpractice Dispute Over $6M Settlement

    The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.

  • February 20, 2024

    Los Angeles FBI Head, Recused From Girardi Case, Retires

    The head of the FBI's Los Angeles office, who recused himself from investigations into indicted ex-lawyer Tom Girardi, has retired after nearly a year and a half in the post, the agency said Tuesday.

  • February 20, 2024

    Alec Baldwin Seeks June Trial Date In 'Rust' Shooting

    Alec Baldwin's attorney urged a New Mexico judge Tuesday to set a June trial date for the actor on involuntary manslaughter charges in the shooting death of "Rust" cinematographer Halyna Hutchins.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    NC Panel Reverses Suspension For Atty Accused Of Lying

    A North Carolina personal injury attorney on Tuesday succeeded in reversing a one-year suspension of his license after a state appellate panel ruled the State Bar failed to show he intentionally lied about discussing a fellow attorney's personal life with a client.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 16, 2024

    Atty Convicted Of $5.5M Client Theft Asks 9th Circ. To Vacate

    The prosecution of a former California personal injury attorney sent to jail for 12 years for embezzling as much as $5.5 million in clients' settlement money was riddled with error, and his conviction and sentence should be vacated, his counsel told the Ninth Circuit at a hearing Friday.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Ex-Fox News Staffer Ends Suit Alleging Sex Assault By Ailes

    A former Fox News booking director has dropped her suit accusing the company of inaction when the late executive Roger Ailes allegedly sexually assaulted her, according to a joint stipulation filed in New York state court on Friday.

  • February 16, 2024

    Jimmy Iovine Accuser Ends NY Sex Assault Suit

    An unnamed woman who accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery has dropped her legal claims, according to a Thursday filing in New York state court.

  • February 16, 2024

    Leon Black Accuser Agrees To Drop Assault Claims

    A woman who accused former Apollo Global Management CEO Leon Black of sexually assaulting her during the late Jeffrey Epstein's decadeslong sex trafficking scheme has agreed to drop her claims against the billionaire, although other claims against Epstein's trust co-executors are still pending, according to court documents filed Thursday.

  • February 16, 2024

    Fla. Bills Limiting Toxic Tort Damages Headed To Floor

    Two business-backed bills that could sharply limit the ability of toxic tort victims to recover damages from polluters who violate their permits are poised to hit the floors of both houses of the Florida Legislature, despite concerns that they could embolden polluters and leave certain claimants — like commercial fishing operators — without remedy.

  • February 16, 2024

    Uber Failed To Prevent Driver Sex Assaults, MDL Suit Says

    Uber has known for nearly a decade that its drivers were preying on and sexually assaulting passengers but failed to implement meaningful policies to prevent such crimes, according to a master complaint filed in multidistrict litigation in California federal court.

  • February 16, 2024

    Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid

    The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.

  • February 16, 2024

    Family Of 23-Year-Old Who Died From Ulcer Gets $30M

    A Florida state jury awarded $30 million to the family of a 23-year-old woman who died from an untreated ulcer at a Tampa hospital after finding the two doctors entrusted with her care liable for negligence.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Judge Wary Of Boeing's Bid To Duck Birth Defect Suit

    A Washington state judge pressed Boeing on Friday to explain why it should get a "free pass" in a lawsuit over birth defects allegedly caused by factory workers' chemical exposure, questioning the aerospace giant's argument that it didn't have a duty to workers' future children based on foreseeable harm.

  • February 16, 2024

    Judge Says Athletes' Social Media Held 'Hostage' In NCAA Suit

    Former University of San Francisco baseball players cannot hold their social media messages "hostage" in a lawsuit that accuses the NCAA of enabling the sexual harassment they allegedly endured at the hands of two coaches, an Indiana magistrate judge ruled Thursday.

  • February 16, 2024

    Target, Hoverboard Biz Settle Pa. Fire Deaths For $38.5M

    The parents of two deceased girls, Target and a hoverboard maker entered into a $38.5 million settlement Friday resolving a lawsuit in Pennsylvania federal court over a self-balancing scooter that allegedly shorted out while charging and caused a house fire that claimed the sisters' lives.

  • February 16, 2024

    Lack Of Affidavit Gets NJ Med Mal Death Suit Tossed

    A New Jersey appeals panel on Friday threw out a woman's claims that St. Joseph's Regional Medical Center is responsible for her mother's death, finding she failed to submit an affidavit of merit as required by state law.

  • February 16, 2024

    Split Court Won't Stop Philly Ban On 3D-Printed Gun Parts

    Philadelphia can keep an ordinance banning the 3D printing and assembly of gun parts into so-called "ghost guns," after a split Commonwealth Court of Pennsylvania said Friday that the state law preempting local firearm regulations didn't extend to incomplete firearm components.

Expert Analysis

  • Opinion

    Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • Tools To Reduce Implicit Bias in Modern Juries

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    The unconscious prejudices of jurors can rob litigants of the impartial jury promised by the American justice system, but courts can promote fairer jury trials by raising awareness about implicit bias and adopting new techniques for screening potential jurors and providing jury instruction, say attorneys at MoFo.

  • Structured Settlements In Workers' Comp Cases: A Win-Win

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    With interest rates rising, workers' compensation benefits decrease in price, so structured settlements in personal injury litigation may benefit both injured workers and the employer or carrier, and ultimately help settle complicated cases by bridging the gap between the demand and offer in negotiations, says Julio Martinez at Gilson Daub.

  • Joint Representation Ethics Lessons From Ga. Electors Case

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    The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • Abortion Pill Rulings Will Hinder FDA Authority

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    Although the Fifth Circuit recently stayed a Texas federal court's ruling that invalidated the U.S. Food and Drug Administration's approval of a commonly used abortion medication, several points made by the courts are worth considering for their potentially chilling effect on FDA authority and the challenges they may create for the life sciences industry, say attorneys at Morgan Lewis.

  • The Legal Consequences Of High PFAS Background Levels

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    As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

  • DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly

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    The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • Peephole Cam Case Lowers The Bar On NY Negligence Claims

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    A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Opinion

    Humanism Should Replace Formalism In The Courts

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    The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

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