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Personal Injury & Medical Malpractice
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October 08, 2025
Trump Admin Challenges Denial Of Trans Care Subpoena
The Trump administration told a Massachusetts federal judge that he got it wrong in quashing a subpoena for records of gender-affirming care at Boston Children's Hospital last month, urging the court to reconsider.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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October 08, 2025
Minn. 'Sober Home' Companies Sued After Tenant Killed 2
A Minnesota substance abuse center and so-called sober homes it worked with are facing a wrongful death suit over the killing of a tenant, alleging they were negligent in failing to treat and supervise another tenant who suffered from psychiatric issues, substance abuse and violent tendencies.
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
Sunbeam Ovens Burn Users, Suit Says
Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.
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October 07, 2025
9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit
A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.
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October 07, 2025
11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated
The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.
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October 07, 2025
NJ Surgeon On The Hook For Full $1.6M In Med Mal Case
A New Jersey physician found by a jury to be 60% at fault for a man's death following gallbladder removal surgery must pay the entire $1.6 million verdict, a New Jersey appeals court has ruled, citing a state statute regarding comparative fault in injury cases.
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October 07, 2025
Feds Sue SoCal Edison Over 2019 Saddleridge Wildfire Costs
The U.S. government filed a lawsuit Tuesday in California federal court over damage caused to National Forest System land by the 2019 Saddleridge Fire in Los Angeles County, saying Southern California Edison was responsible for the blaze.
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October 07, 2025
No Coverage For Smoke Shop Over Fatal Crash, Insurer Says
A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.
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October 07, 2025
Colo. Panel Weighs School's Liability In 2019 Shooting
Colorado appellate judges on Tuesday asked attorneys representing the parents of a student who was killed during a school shooting and the school itself how to interpret a state law that allows schools to be held liable for school shootings.
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October 07, 2025
Camp Lejeune Litigation Goes On Despite Gov't Shutdown
The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.
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October 07, 2025
Rolls-Royce Can't Ditch Helicopter Crash Suit Before Trial
A Texas federal judge won't give Rolls-Royce Corp. a win before trial in a suit over a fatal helicopter crash in the U.S. Virgin Islands, finding that the company failed to show that Indiana law bars the plaintiff's claims.
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October 07, 2025
J&J Hit With $966M Verdict In Calif. Talc Lung Cancer Case
A California state jury has hit Johnson & Johnson with a $966 million verdict in favor of the estate of an 88-year-old woman who died of mesothelioma — the most recent judgment in a string of cases alleging that the company's talc products cause cancer.
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October 07, 2025
EMTs Appeal Losses Ahead Of False Death Declaration Trial
First responders facing trial for declaring a woman dead, only for a funeral home to discover she was alive, are urging a Michigan state appeals court to review what they say are "contradictory legal frameworks" imposed by a judge ahead of trial.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Firefighters' Union Drops PFAS Suit Against Safety Group
A firefighters' union has dropped a 2023 lawsuit in Massachusetts state court accusing a fire safety organization of ignoring the cancer risk of "forever chemicals" in maintaining safety standards that continued to call for their use in firefighting gear.
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October 06, 2025
Paraquat MDL Judge Seeks Answers From Plaintiffs' Atty
The Illinois federal judge presiding over multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease on Monday ordered Aimee Wagstaff of Andrus Wagstaff PC, a former member of the plaintiffs' executive committee, to explain why she's putting on a video conference for other attorneys in the litigation.
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October 06, 2025
Supreme Court Won't Review Russian Bank Jet Crash Suit
The U.S. Supreme Court on Monday declined to undo a precedential Second Circuit decision finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument it is entitled to sovereign immunity.
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October 06, 2025
Girardi's Son-In-Law Gets Mixed Sentence For Contempt
Tom Girardi's son-in-law received a mixed sentence in Chicago federal court Monday that included equal parts incarceration and home confinement alongside a hefty community service obligation for failing to alert a judge when he knew Girardi wasn't paying certain Lion Air crash clients their settlements as ordered.
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October 06, 2025
Clergy Abuse Jurors To Decide If Truth Or Money Spurred Suit
Jurors in a clergy sex abuse trial began deliberating Monday after they were asked to decide if the alleged assault was the culmination of a "culture" of abuse and silence at a New Jersey Catholic prep school or a fabrication channeled into a money-motivated lawsuit.
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October 06, 2025
Justices Hint At Barring Del. Med Mal Law In Federal Court
The U.S. Supreme Court on Monday appeared to side with a retired attorney's position that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, with several justices saying the law appears to be an improper procedural requirement.
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October 06, 2025
Conn. Judges Unsure Why Court Called IVF A Sexual Act
Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.
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October 06, 2025
Full 11th Circ. Told To Rehear Sentence In Armed Career Case
The Eleventh Circuit was asked to rehear a decision upholding a 15-year prison sentence for a man who claims an enhancement to a federal firearms conviction violates his rights under the equal protection clause of the Constitution.
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October 06, 2025
Supplement Co. Sold Soviet-Era Drug As Sleep Aid, Suit Says
An addict in recovery hit Hi-Tech Pharmaceuticals Inc. with a proposed class action on Friday in Georgia federal court alleging that he bought a sleep aid sold as a dietary supplement that actually contains a dangerous, addictive sedative first developed by the Soviet Union in the 1960s.
Expert Analysis
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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State Law Challenges In Enforcing Arbitration Clauses
In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.