Personal Injury & Medical Malpractice

  • May 22, 2025

    Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court

    Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.

  • May 22, 2025

    Trip-And-Fall Jury Mistake Was Harmless, Panel Rules

    The Connecticut Appellate Court on Thursday upheld a trip-and-fall defendant's trial court win after the plaintiff claimed the jury had been given an incorrect draft copy of interrogatories that did not cover the full scope of the claims, finding that the error was "harmless."

  • May 22, 2025

    Ga. Attys Win Fight Over Lien Fees In Personal Injury Suit

    The Georgia Court of Appeals has upheld a nearly $500,000 attorney's lien order requiring a man to pay his former legal team attorney fees, finding Thursday that the attorneys had reasonable cause to withdraw from guiding him in a personal injury suit against Whole Foods after he rejected a $2 million settlement offer and the attorney-client relationship "deteriorated."

  • May 22, 2025

    Fox Rothschild, Litigation Funder Sued Over NJ Crash Loans

    A former client is suing a Perth Amboy, New Jersey, personal injury firm, a litigation funder and Fox Rothschild LLP for allegedly steering him into multiple loans during his car accident suit with exorbitant interest rates that left him owing more money than his settlement was worth.

  • May 22, 2025

    2nd Suit Says Fla. Investigator Lied About Insurance Fraud

    A Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.

  • May 22, 2025

    Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute

    A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.

  • May 22, 2025

    New Orleans Archdiocese Strikes $179M Abuse Deal

    The committee representing sexual abuse claimants in the Chapter 11 case of the Roman Catholic Archdiocese of New Orleans that began five years ago has announced it reached a roughly $179 million settlement of hundreds of abuse claims.

  • May 21, 2025

    Ore. Fire Verdict Brings PacifiCorp Damages To $385M

    An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.

  • May 21, 2025

    'DIY' Rape Kit Ban Challenge Seems To Leave 9th Circ. Split

    A Ninth Circuit panel appeared divided Wednesday over a company's appeal in its case challenging Washington state's ban on self-administered DNA collection kits for sexual assault survivors, with one judge remarking the product "doesn't do a whole heck of a lot" if the evidence isn't admissible in court.  

  • May 21, 2025

    Google, Character.AI Can't Escape Suit Over Teen's Suicide

    A Florida federal judge on Wednesday greenlit the bulk of claims in a suit accusing Character.AI and Google of causing a 14-year-old's suicide after he became addicted to an artificial intelligence chatbot, saying the AI app can be considered a product for the purposes of a product liability claim.

  • May 21, 2025

    Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment

    A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.

  • May 21, 2025

    Yale Says Misconduct Tanks Ex-Student's Defamation Case

    Yale University and a woman who accused a classmate of sexual assault, resulting in his expulsion, have together asked a Connecticut federal judge to throw out the since-acquitted student's defamation and contract claims, arguing that repeated and "egregious" litigation misconduct despite court warnings warrants dismissal.

  • May 21, 2025

    Conn. Diocese Ch. 11 Plan Approved With $31M Abuse Fund

    A Connecticut bankruptcy judge on Wednesday approved the Chapter 11 plan of the Norwich Roman Catholic Diocese, clearing the way for survivors of childhood sexual abuse at the hands of priests and religious brothers to be compensated through a $31 million settlement fund.

  • May 21, 2025

    Texas Bills To Watch Before The End Of The 2025 Session

    With less than two weeks remaining in the Texas legislative session, lawmakers will hit several deadlines in the coming days that will seal the fate of bills surrounding legal procedure, abortion, artificial intelligence and other topics.

  • May 21, 2025

    SC Justices Affirm Receivership Order In Asbestos Dispute

    The South Carolina Supreme Court on Wednesday unanimously upheld a trial court's decision to appoint a receiver over a Canadian company's insurance assets as part of discovery sanctions in an asbestos injury lawsuit, despite the company's contention it possesses no property in the state.

  • May 21, 2025

    Goddard Systems Settles $11M Shaken Baby Suit In Conn.

    Goddard Systems Inc. has settled a lawsuit claiming that negligence in hiring at one of its franchise schools resulted in an employee shaking an infant and permanently injuring them, according to a new order issued in the Connecticut Superior Court.

  • May 21, 2025

    Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal

    A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.

  • May 21, 2025

    School Shooting Victims' Suits Tossed After 6th Circ. Ruling

    Lawsuits brought by the families of students who were killed in or affected by the 2021 shooting at an Oxford, Michigan, high school have been dismissed by a federal judge, a few months after the Sixth Circuit determined the school leaders' actions or inactions the morning of the shooting did not increase students' risk of harm.

  • May 21, 2025

    Pa. Justices To Mull State DOT Liability For Hanging Branches

    The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.

  • May 21, 2025

    Girardi's Son-In-Law Was No 'Babe In The Woods,' Feds Say

    The Chicago federal judge presiding over a summer client theft trial against Girardi Keese founder Tom Girardi's son-in-law should not limit the government's case based on positions it took during Girardi's California trial because its positions are consistent, and the cases are charged differently, prosecutors argued Wednesday.

  • May 21, 2025

    Clerk Shouldn't Have Deemed Injury Suit Late, Pa. Court Rules

    The Pennsylvania Superior Court ruled in a precedential opinion that a county prothonotary clerk did not have the authority to reject an injury lawsuit against a resort as lacking the proper signatures or as untimely after the filing sat in the courthouse for five days, with the appellate court reviving the case for further proceedings.

  • May 21, 2025

    50 Cent Wants Ch. 11 Reopened To Fight Woman's $20M Suit

    A Connecticut bankruptcy judge will review under seal a woman's $20 million New York injury suit against recording artist 50 Cent during an agreed-upon pause in the state court proceeding, helping her decide whether the rapper can use his Chapter 11 case to torpedo the woman's claims.

  • May 20, 2025

    Subpoena For Alleged Trans Care Must Stand, Texas Says

    A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.

  • May 20, 2025

    Venezuelan Nationals' RICO Suit Asserting Defamation Tossed

    A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.

  • May 20, 2025

    4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury

    The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.

Expert Analysis

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

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