Personal Injury & Medical Malpractice

  • April 16, 2024

    Nursing Home Foot Amputation Suit Sent Back To Trial Court

    An Ohio appeals panel has revived a man's suit alleging an assisted living facility failed to notice his foot ulcer, leading to his foot's eventual amputation, saying the trial court wrongly concluded the facility was not a nursing home under state law and therefore didn't have a duty.

  • April 16, 2024

    Ga. Sheriff's Abuse Conviction Should Stand, 11th Circ. Hints

    An Eleventh Circuit panel on Tuesday appeared wary of dismissing the criminal conviction of Victor Hill, a former Georgia sheriff who was convicted in 2022 of violating the civil rights of detainees by strapping them to a chair for hours at a time.

  • April 16, 2024

    Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

    A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.

  • April 16, 2024

    Smartmatic Settles Election Defamation Suit Against OANN

    Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.

  • April 16, 2024

    Rochester, NY, Diocese's Creditors To Mull Rival Ch. 11 Plans

    A New York bankruptcy judge sent a pair of competing Chapter 11 plans for the Roman Catholic Diocese of Rochester out Tuesday morning for creditor votes, after rejecting previous explanations of the proposals for being unclear about payouts to childhood sexual abuse survivors.

  • April 16, 2024

    Sikorsky Calls Chopper Crash Suit 'Beyond' US Court's Power

    Sikorsky Aircraft Corp. is pushing a Pennsylvania federal judge to toss liability claims brought by the families of six Canadian military personnel who died in one of its helicopters, arguing that the witnesses and evidence for the case are in Canada, "beyond the compulsory process of this court."

  • April 16, 2024

    DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust

    A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.

  • April 15, 2024

    Law Firm Shooting Victim Was 'In Constant Fear,' Family Says

    A woman who was killed in a shooting that also took the life of her husband, prominent Las Vegas personal injury lawyer Dennis Prince, "lived in constant fear for her safety" as she battled her ex-husband for custody of their two young children, her parents said Monday.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    Travis Scott Says He 'Made No Difference' In Woman's Death

    Attorneys for Travis Scott told a Houston judge Monday that the rapper's failure to stop his Astroworld concert the night of a fatal crowd crush was inconsequential to the first victim's case, as she was receiving medical care more than 20 minutes before he was ordered to stop performing.

  • April 15, 2024

    Giuliani Can't Dodge $148M Defamation Verdict, Judge Says

    A D.C. federal judge on Monday refused to disturb a jury verdict directing Rudy Giuliani to pay $148 million to two Georgia election workers whom he falsely accused of committing ballot fraud in the 2020 presidential election, saying the former New York City mayor and Trump ally hasn't offered any reason to modify the jurors' decision or hold a new trial.

  • April 15, 2024

    NJ Appeals Court Tosses Suit Over Painful Dental Implants

    A New Jersey appeals court on Monday tossed a suit accusing an oral surgeon of botching a woman's dental implant surgery, saying that because the treatment took place in Pennsylvania and the surgeon's clinic had few contacts with New Jersey, the Garden State doesn't have jurisdiction.

  • April 15, 2024

    Allstate Asks Court To Order Takedown Of 'Smear' Posts

    Allstate asked a Colorado federal judge to order a former independent contractor to remove false statements on his website accusing the insurer of selling customers' personal information to criminals, arguing it has been irreparably injured and that the defendant has signaled he has no plans to stop his smear campaign.

  • April 15, 2024

    Shopper Says ConAgra Beans Poisoned Her With Ammonia

    A Colorado woman is suing ConAgra over alleged ammonia contamination in one of its refried bean products, claiming in a lawsuit removed to Colorado federal court Monday that one bite resulted in cuts, blisters and bleeding in her mouth and throat.

  • April 15, 2024

    Tennis Coach Awarded $2.9M For Defamation In Title IX Suit

    A Quincy University tennis coach has been awarded $2.9 million at the close of a jury trial in Illinois federal court on his counterclaims that a former star recruit spread rumors that he had had sexual relations with a female student tennis player.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Doc's NDAs Illegally Silenced Negative Reviews, Judge Says

    A Washington state plastic surgery practice illegally required patients to sign pretreatment nondisclosure agreements that threatened to punish them for posting negative online reviews, a Washington federal judge has determined.

  • April 15, 2024

    Diocese Says Insurer Must Refund Sex Abuse Claims Defense

    Certain underwriters at Lloyd's of London must pay defense expenses related to sexual abuse claims against the Roman Catholic Diocese of Rockville Centre, the diocese has told a New York court, maintaining that its bankruptcy proceedings do not relieve the insurer of reimbursement requirements.

  • April 15, 2024

    'Rust' Armorer Gets 18 Mos. For On-Set Shooting Death

    A New Mexico judge gave "Rust" film armorer Hannah Gutierrez-Reed the maximum 18-month prison sentence Monday for involuntary manslaughter in the fatal shooting of a cinematographer on the set of the low-budget Western starring actor-producer Alec Baldwin, who faces trial on the same charge this summer.

  • April 15, 2024

    Conn. Attorney Says She'll End Defamation Lawsuit For $750K

    A Connecticut attorney who accused an acquaintance of commissioning and disseminating a background check that falsely called her a convicted drug dealer has told a Constitution State court that she would be willing to resolve her defamation claims if that acquaintance agrees to pay her $750,000.

  • April 15, 2024

    Bomb Dog Trainer Links Cancer To Job In Benefits Denial Suit

    A Massachusetts state police trooper says he was diagnosed with cancer after being exposed to hazardous materials while training an explosives-detection dog at Logan Airport, according to a suit seeking line of duty injury benefits.

  • April 12, 2024

    UMG Seeks Escape From Woman's Diddy Sex Assault Suit

    UMG Recordings Inc. urged a New York state judge on Thursday to dismiss it from a lawsuit accusing hip-hop mogul Sean "Diddy" Combs and R&B artist Aaron Hall of sexually assaulting a woman in 1990, saying the woman's claims are untimely and have nothing to do with the music company.

  • April 12, 2024

    Ill. Court Affirms $300K Revenge Porn Award

    A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois judge slapped him with, a state appeals court has ruled.

  • April 12, 2024

    NJ Court Revives Spinal Injury Suit After E-Filing Glitch

    A New Jersey appeals court on Friday reinstated a medical malpractice suit accusing a physician of causing a woman's severe spinal injuries, saying an unexplained glitch in the trial court's electronic filing system wrongly led to a dismissal of the suit.

  • April 12, 2024

    Crash Victim's Family Wins $38M Verdict Against Oncor

    A Texas jury has handed a $37.5 million verdict to the family of a man who died in a crash involving an Oncor driver, coming to its decision after reviewing evidence that showed the driver for the electric utility was distracted behind the wheel and never hit the brakes.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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