Personal Injury & Medical Malpractice

  • June 10, 2025

    Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case

    A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.

  • June 10, 2025

    Willkie Partner Wants To 'Chill' Media Contact, Conn. Atty Says

    A Willkie Farr & Gallagher LLP partner and his wife are pursuing a federal lawsuit based on speculative allegations and trying to "chill" the First Amendment rights of a Connecticut attorney who represented their ex-landlord and leaked a story about them to the New York Post, the defendant is arguing in seeking judgment in his favor.

  • June 10, 2025

    3rd Circ. Upholds NFL Case Findings On Censured Atty

    The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.

  • June 10, 2025

    Judge Denies Gov't Bid To Toss Law Firm's Payroll Tax Suit

    The U.S. government cannot throw out a boutique law firm's suit that seeks a refund of $282,000 in pandemic-era worker retention credits and a pause on payroll tax enforcement, a Connecticut federal judge ruled Tuesday.

  • June 10, 2025

    Crane Owner Seeks To Shift Blame In Fatal Fla. Collapse

    A Florida judge on Tuesday allowed Maxim Crane Works to try to shift blame to a fellow contractor facing a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people.

  • June 10, 2025

    DC Judge Halts New ID Rules For Sponsors Of Migrant Kids

    A D.C. federal judge slammed the brakes on the Office of Refugee Resettlement's new documentation requirements for potential sponsors to unaccompanied migrant children, saying it is "substantially likely" that the agency acted arbitrarily and capriciously by not sufficiently justifying the changes.

  • June 10, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.

  • June 09, 2025

    Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial

    A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.

  • June 09, 2025

    Boeing Investors Want Class Cert. In 737 Max Fraud Suit

    Investors suing Boeing over claims that the company harmed them by misrepresenting the 737 Max's safety have urged an Illinois federal judge to certify their proposed class, arguing that the case has common enough allegations and a sufficient damages model to warrant the judge's sign-off.

  • June 09, 2025

    Colo. Justices Spell Out Burden Of Proof For Gov't Immunity

    The Colorado Supreme Court on Monday articulated for the first time the burden of proof required in tort cases against public entities, ruling that a woman's slip-and-fall claims failed to eclipse Jefferson County's immunity under a state law.

  • June 09, 2025

    Philly Cut From American Airlines Suit After Contrary Takes

    The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.

  • June 09, 2025

    'No Question' DuPont Polluted Delaware River, NJ Court Told

    New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.

  • June 09, 2025

    Doc Says WWE Accuser's Firm Ignored Defamation Suit

    A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.

  • June 09, 2025

    2nd Circ. Says Ecuadoran Can Be Extradited For Possible Rape

    The Second Circuit ruled Monday that a New York federal judge rightly allowed for the extradition of an Ecuadoran man charged with sexual abuse in his home country, rejecting his argument that he hasn't been accused of an extraditable offense.

  • June 09, 2025

    Southwest Beats Customers' 737 Max Overcharge Suit

    A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.

  • June 09, 2025

    OneTaste Leaders Convicted Of Forced Labor Conspiracy

    A federal jury in Brooklyn on Monday convicted the co-founder of sexual wellness company OneTaste and her former deputy of forced labor charges in a case alleging they used psychological and sexual abuse to coerce workers into providing labor and services.

  • June 09, 2025

    Mich. Justices To Weigh Liability In Senior's Parking Lot Fall

    The Michigan Supreme Court will consider an appeal application from a woman who argues that a property management company and a concrete contractor are liable for her injuries from tripping over a trench in the parking lot of her senior living facility.

  • June 09, 2025

    15 States, DC Sue ATF Over Machine Gun Trigger Turnaround

    Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.

  • June 09, 2025

    Sam's Club Sued Over Botulism Death Linked To Potato Soup

    Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.

  • June 09, 2025

    Man Sues US Open Venue Over Fall, Broken Arm

    The United States Golf Association and the nation's oldest golf club were hit with a lawsuit in Massachusetts state court by a man who said he suffered permanent injuries after a fall from a shoddy platform during the 2022 U.S. Open golf tournament.

  • June 06, 2025

    Fla. Fraud Investigator Faces 3rd Malicious Prosecution Suit

    A Florida insurance fraud investigator faces a third federal lawsuit alleging he lied in a report that led to the malicious prosecution of an independent roofing contractor whose charges were later dismissed because prosecutors couldn't substantiate the accusations.

  • June 06, 2025

    Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal

    R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.

  • June 06, 2025

    Texas Court Says Doctor Can Be Sued For Service Dog Mauling

    The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.

  • June 06, 2025

    Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking

    Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.

  • June 06, 2025

    Full 11th Circ. Asked To Rethink Workplace Attack Case

    An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.

Expert Analysis

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Ruling On Pollutants And Indemnity Offers Insurers Mixed Bag

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    Both insurers and policyholders can reap benefits from a Georgia federal court's recent declaratory judgment decision, which broadly defined pollutants, but also deemed the duty to indemnify not yet ripe for adjudication, says Jena Emory at Morris Manning.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • Perspectives

    Reading Tea Leaves In High Court's Criminal Law Decisions

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    The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Choosing A Road To Autonomous Vehicle Compliance

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    As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

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