Personal Injury & Medical Malpractice

  • July 03, 2025

    Canadian Pacific Escapes $4M Liability Over Derailed Train Oil

    The Eighth Circuit on Thursday erased a $3.95 million judgment against Canadian Pacific Railway over crude oil spilled in a derailment disaster that killed dozens of people and nearly destroyed a Canadian town center, saying a lower court ignored a judgment reduction provision in a negligent train operator's bankruptcy plan.

  • July 03, 2025

    Truck Crash Case Settles Amid Appeal Of $14M Verdict

    Texas trucking companies and an injured driver have settled a nearly decade-old negligence lawsuit, ending a case that initially resulted in an $80 million verdict — later reduced to $13.7 million — but was dramatically reshaped by intervention by the state's highest court. 

  • July 03, 2025

    Ex-Sports Agent Accused Of Trapping Woman As 'Sex Slave'

    Jonathan Barnett, once named the "World's Most Powerful Sports Agent" by Forbes, is accused of forcing an Australian woman to serve as his "sex slave," while his sports agency within Creative Artists Agency ignored the "obvious red flags" of abuse, according to a lawsuit filed Wednesday in California federal court.

  • July 03, 2025

    NJ Panel Declines To Expand Residential Sidewalk Liability

    A New Jersey appellate panel declined to expand the principles of sidewalk liability for commercial properties to a residential property that was unoccupied and undergoing renovations on Thursday, backing a lower court ruling that held the property was not used for investment nor to generate a profit.

  • July 03, 2025

    Ga. Sheriff's Conviction Wins Civil Rights Claim For Detainee

    A Georgia federal judge handed an early win Wednesday to a man who said he was one of several detainees tortured by former Clayton County Sheriff Victor Hill, ruling that the "conditions are all met" to decide the civil rights claims based on Hill's criminal convictions.

  • July 03, 2025

    Hawaii Insurer Claims Defense Failures In Slip-And-Fall Suit

    Hiscox Insurance Co. failed to meet its obligation to contribute to a Hawaii-based restaurant property manager's defense against a slip-and-fall suit, the manager's insurer told a Hawaii federal court.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Natera Inks $8.25M Deal To End Prenatal Tests Suit

    A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.

  • July 03, 2025

    TRESemme Buyers' Claims Too Tangled For Class Cert.

    A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.

  • July 03, 2025

    Biggest Decisions Of Mich. Supreme Court So Far This Year

    The Michigan Supreme Court so far this year has handed down a number of decisions marking important changes to criminal law, including reshaping how late adolescents are sentenced for serious crimes and declaring that the smell of marijuana alone cannot justify a warrantless vehicle search.

  • July 03, 2025

    Freight Co. Accuses Texas Firm Of 'Disastrous' Case Work

    A Minnesota freight broker claims it had to settle a personal injury lawsuit with one of its employees following a crash for more than $3 million because the Lone Star State lawyer hired to defend the case allegedly failed to file motions and made misrepresentations to the court and the company.

  • July 03, 2025

    What Judges Might Ponder In Judicial Safety Law Challenge

    A Third Circuit panel set to examine the constitutionality of a judicial safety law born out of the murder of a New Jersey federal judge's son is tasked with what experts are viewing as a lesser-of-two-evils choice: chilling free speech or chilling public service.

  • July 03, 2025

    Mich. Justices Turn Down Challenge To Med Mal Damage Cap

    Michigan's highest court won't weigh in on the constitutionality of the state's caps on medical malpractice awards, rejecting a federal district court's certified question Thursday.

  • July 03, 2025

    What To Watch In Mass. Courts In The Second Half Of 2025

    Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    The Biggest Rulings From Mass. High Court So Far In 2025

    Massachusetts' top court has tackled a controversial housing initiative, the thorny issue of qualified immunity for public employees and even a high-profile murder case in the first six months of 2025.

  • July 03, 2025

    Justices To Probe NJ Transit Cases Over Sovereign Immunity

    The U.S. Supreme Court on Thursday agreed to consider whether New Jersey Transit Corp. is entitled to sovereign immunity from private lawsuits, taking an opportunity to smooth out conflicting state court rulings concerning the scope of the public transportation operator's liability for accidents.

  • July 02, 2025

    Girardi Asks To Remain Free During Fraud Appeal

    Disbarred attorney Tom Girardi asked a California federal judge on Wednesday to remain free on bond while he appeals his wire fraud conviction, saying he's not a flight risk or danger to the community and there are several issues on appeal that could result in reversal or resentencing.

  • July 02, 2025

    Pa. Court Rejects Concealed Carry Constitutional Challenge

    In yet another decision clarifying the state's gun laws, the Pennsylvania Superior Court ruled that although a 19-year-old convicted of having a firearm in his car illegally couldn't obtain a concealed carry license due to his age, state licensing requirements did not violate his Second Amendment rights.

  • July 02, 2025

    Drugmaker Escapes Suit As Deceased Found To Be Negligent

    A medication manufacturer can't be held liable for the death of a woman who suffered a heart attack after using a drug designed only for those with asthma and potentially fatal to those without, a North Carolina appeals court ruled Wednesday in a published opinion, saying the death was caused by the failure of the woman and her boyfriend to read the label.

  • July 02, 2025

    Veterans Sue Air Force For Disability Review Failures

    Three former service members hit the U.S. Air Force with a proposed class action challenging the lawfulness of a screening process used to determine if people should be retained or referred to a formal disability evaluation process.

  • July 02, 2025

    Insurers Blast Avon Ch. 11 Talc Injury Trust

    A group of insurance carriers is asking a Delaware bankruptcy judge to reject cosmetic seller Avon Products' Chapter 11 plan, saying it would unfairly force them to pay possibly bogus talc injury claims.

  • July 02, 2025

    Top Product Liability News In H1 2025

    There was no shortage of big rulings, verdicts and happenings in the product liability sphere in the first half of 2025. Here, Law360 looks at the most significant news cross-referenced with the articles that garnered the most page views.

Expert Analysis

  • 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.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Combs Case Reveals Key Pretrial Scheduling Strategies

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    The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

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