Personal Injury & Medical Malpractice

  • April 24, 2025

    Pest Co.'s Ex-Employee Not Covered In Child Assault Suit

    An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.

  • April 24, 2025

    Trampoline Park's Discovery Nixed Arbitration, NJ Panel Says

    A Garden State trampoline park waived its right to compel arbitration in a negligence case by taking part in extensive discovery before filing its motion, a New Jersey appellate panel ruled Thursday.

  • April 24, 2025

    Verdict Upheld For Security Co. Accused In Teen's Drowning

    A Connecticut judge has declined to set aside a jury verdict in favor of a security company that beat product liability and recklessness claims in the death of a teenager who drowned after sneaking into a Hartford park pool, rejecting arguments from the boy's mother that two evidence rulings tainted the outcome of her case.

  • April 23, 2025

    11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims

    An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.

  • April 23, 2025

    After Sanction Bid, Savannah Aims To Toss Cop Shooting Suit

    Months after seeking sanctions against the attorneys representing the family of a Georgia man killed by police, the city of Savannah asked a federal judge Tuesday to toss the family's civil rights lawsuit and "refrain from second guessing" an officer's decision to shoot the man after he allegedly flashed a gun.

  • April 23, 2025

    3rd Circ. Backs Health Network In Suit Over Malpractice Case

    The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.

  • April 23, 2025

    Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.

    A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.

  • April 23, 2025

    Judge Orders MyPillow Attys To Explain AI Use, Fake Citations

    A Colorado federal judge on Wednesday ordered two attorneys for MyPillow CEO Mike Lindell to explain why she shouldn't refer them for discipline for a brief full of misquotes, miscited cases and references to cases that "do not exist," noting that it wasn't until she asked about artificial intelligence that one of the lawyers admitted to his use of it.

  • April 23, 2025

    Xcel Says Holding Co. Doesn't Belong In Colo. Wildfire Case

    Xcel Energy Inc. told a Colorado state court it shouldn't be named as a defendant in consolidated litigation seeking to hold it and two subsidiaries liable for a 2021 wildfire, arguing that the plaintiffs couldn't show that the court retains personal jurisdiction over it.

  • April 23, 2025

    Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle

    A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.

  • April 23, 2025

    Colgate Faces New Suit Over Lead In Children's Toothpaste

    Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.

  • April 23, 2025

    Railcar Co. Owes Nothing In $600M Ohio Derailment Deal

    A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.   

  • April 23, 2025

    Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand

    A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.

  • April 23, 2025

    Ex-Morgan & Morgan Client Seeks Remand In Malpractice Suit

    A former client of Morgan & Morgan has urged a Georgia federal court to return his proposed class action to state court, arguing that his complaint accusing the firm and a trial attorney of legal malpractice is a "local controversy" while the firm says he should arbitrate his claims.

  • April 23, 2025

    Weinstein Challenges Accusers' Credibility As Retrial Begins

    Harvey Weinstein's attorney told a majority-women jury in his sexual assault retrial Wednesday that the "casting couch is not a crime scene" and that he merely had "mutually beneficial" relationships with aspiring actresses who later accused him of rape and sexual violence.

  • April 23, 2025

    Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'

    A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.

  • April 23, 2025

    New Videos Undercut Ex-Knick's Assault Claim, Judge Hints

    A federal judge said Wednesday that new videos appear to show former New York Knicks player Charles Oakley slipping — not being pushed — during a 2017 altercation with Madison Square Garden security, evidence MSG's lawyers say disposes of his assault claims.

  • April 23, 2025

    No Coverage For Shopping Mall In Shooting Suit, Insurer Says

    Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.

  • April 22, 2025

    PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told

    A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.

  • April 22, 2025

    Girardi's Son-In-Law Wants Chicago Client Theft Case Tossed

    Disbarred attorney Tom Girardi's son-in-law Tuesday urged an Illinois federal court to toss a superseding indictment accusing him of helping steal millions from clients of the now-defunct Girardi Keese, saying prosecutors created confusion around the charged offenses by highlighting California legal ethics rules without explaining their relevance, "if any."

  • April 22, 2025

    Wyndham Must Face Suit Alleging It Enabled Sex Trafficking

    A New Jersey federal judge Tuesday rejected Wyndham Hotels' bid to escape a woman's lawsuit accusing the company and one of its franchisees of ignoring signs she was trafficked for sex at a Hawthorne Suites in Northern California, finding the woman sufficiently alleged Wyndham was liable for her injuries.

  • April 22, 2025

    Buffalo Diocese Agrees To Pay $150M To Sex Abuse Survivors

    The Roman Catholic Diocese of Buffalo, New York, on Tuesday announced it has reached a $150 million agreement in principle that would settle the diocese's liability for about 900 claims of child sexual abuse.

  • April 22, 2025

    'Contract' Key To Law School Loan Appeal, Conn. Court Told

    A Florida employment attorney is wrong to argue that a family court order qualifies as a contract, counsel for the mother of his child told the Connecticut Appellate Court on Tuesday in defending her win in an unjust enrichment case over his student loan payments.

  • April 22, 2025

    ESPN's Sharpe Threatens Suit Against Nev. Rape Accuser

    Pro Football Hall of Famer and current ESPN broadcaster Shannon Sharpe on Tuesday denied accusations in a $50 million Nevada state civil suit by a former girlfriend that he raped and threatened to choke her, saying in a social media video that he planned to sue her for defamation.

  • April 22, 2025

    Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty

    Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.

Expert Analysis

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    A Federal Insurance Mandate For Private Aviation Is Overdue

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    A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

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