Personal Injury & Medical Malpractice

  • April 24, 2025

    American Airlines Suit Blames Care Delay For Man's Death

    The family of a man who suffered a medical episode on an American Airlines flight and later died alleges the airline's failure to get the man timely medical aid caused his death, according to a suit recently removed to Colorado federal court.

  • April 24, 2025

    Ill. Judge Won't Reduce Claims In Defective Smoker Suit

    Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.

  • April 24, 2025

    Biz Court Questions What Ties TikTok To NC In Addiction Case

    A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.

  • April 24, 2025

    Ex-OneTaste Execs Ask Justices To Nix 'Stolen' Docs

    Former OneTaste executives facing forced-labor conspiracy charges asked the U.S. Supreme Court on Thursday to bar allegedly stolen and attorney-client privileged documents from being used at a May trial, saying corporate legal communications are broadly at risk.

  • April 24, 2025

    Houston Law Firm Settles Firefighter Photo Copyright Dispute

    A photographer suing a Houston personal injury law firm over using a photo of a firefighter without allegedly paying for it said Thursday that the parties have agreed to settle the case.

  • April 24, 2025

    Insurer Says No Coverage For Nursing Home Negligence Deal

    An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.

  • April 24, 2025

    Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement

    A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.

  • April 24, 2025

    'Egregious' Delays Wipe Out Ga. Health Fraud Case

    A Georgia federal judge on Thursday dismissed an eight-year-old case over alleged Medicaid fraud, calling the government's delays in bringing three healthcare executives to trial "egregious" and noting that the alleged criminal conduct took place between 12 and 25 years ago.

  • April 24, 2025

    L'Oreal, P&G Sued Over Hair Dyes Blamed For Stylist's Cancer

    A woman who developed bladder cancer after decades of exposure to hair dye is suing companies including L'Oreal, Coty, Procter & Gamble and others in California state court, claiming they concealed risks associated with certain chemicals in their products.

  • April 24, 2025

    Ill. Justices Affirm Venue Limits For Constitutional Challenges

    The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."

  • April 24, 2025

    Ex-BigLaw Atty's Plea Deal At Center Of Death Proceeds Suit

    The godson of a Georgia woman fatally shot by her husband, a former BigLaw partner, has pushed back against a claim from the administrator of the woman's estate regarding a provision in the attorney's plea deal that assigned wrongful death settlement proceeds to the godson and his brother.

  • 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.

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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