Personal Injury & Medical Malpractice

  • May 08, 2025

    Delta Passenger Sues Over Hot Water Spill Incident

    A Delta Air Lines Inc. passenger burned by hot water mid-flight says flight attendants brushed off her pain instead of seeking medical assistance, and that the beverage served was "excessively hot," according to a lawsuit filed in Michigan federal court on Thursday.

  • May 08, 2025

    NJ Transit Must Face Suit Over Light Rail Crossing Death

    A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.

  • May 08, 2025

    9th Circ. Says Oil Co. Marine Policy Doesn't Cover $8M Award

    Lloyd's underwriters don't owe coverage for an $8.1 million award to the employer of a deckhand who was injured by defective mooring at a natural gas extraction platform, the Ninth Circuit held, saying coverage wasn't triggered under the platform owner's charterers legal liability policy.

  • May 08, 2025

    Conn. High Court Snapshot: Rehab Permit And Towing Tiff

    The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.

  • May 08, 2025

    Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told

    Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.

  • May 08, 2025

    Insurer Drops Coverage Fight Over NC Truck Stop Shooting

    An insurer and a security guard service company have settled a coverage dispute over underlying negligence lawsuits involving a fatal shooting that occurred at a North Carolina truck stop, according to a notice filed in federal court.

  • May 08, 2025

    Wash. Justices Uphold Ban On Large-Capacity Gun Magazines

    The Washington State Supreme Court on Thursday said that a state law banning the sale of large-capacity magazines for firearms was constitutional, in an opinion that said the law was not in conflict with recent U.S. Supreme Court rulings expanding gun rights.

  • May 08, 2025

    Pa. Panel Backs $175M Roundup Verdict Against Monsanto

    Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.

  • May 07, 2025

    Girardi Hospitalized Ahead Of Mental Evaluation Hearing

    Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys. 

  • May 07, 2025

    Ex-OneTaste Staffer Says She Was Sexually Exploited

    A former salesperson for OneTaste on Wednesday testified in the forced labor trial of its former top leaders that she was traumatized and "lost touch with reality" during her time working for the sexual wellness company, and felt coerced into taking part in unwanted sexual acts.

  • May 07, 2025

    Fla. City Residents' Suit Over Corroded Water Pipes Revived

    A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.

  • May 07, 2025

    BNSF Fired Conductor For Seeking Injury Payment, Suit Says

    BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • May 07, 2025

    Ga. Panel Weighs New Trial In EMT Negligence Suit

    The Georgia Court of Appeals on Wednesday considered whether to order a new trial in a man's lawsuit alleging an EMT negligently administered fentanyl to his mother after she fell out of a window, causing her heart to stop.

  • May 07, 2025

    Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case

    Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.

  • May 07, 2025

    Texas Bill May Limit Full Redress For Personal Injury Victims

    A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.

  • May 07, 2025

    Ill. Court OKs $20M Award In Brain Damage Med Mal Suit

    An Illinois state appeals court has affirmed a $20 million award in a suit accusing an Advocate Health hospital and others of causing a newborn's brain damage due to oxygen deprivation, saying certain jury instructions given by the trial court were not erroneous.

  • May 07, 2025

    Girardi Keese Ex-CFO Will Cop To Client Theft In Chicago

    Girardi Keese's former chief financial officer will plead guilty in federal prosecutors' Chicago case alleging he and a relative of now-disbarred Tom Girardi helped the disgraced former legal titan steal millions from clients, according to his Wednesday request that the judge handling the case accept his anticipated plea remotely.

  • May 07, 2025

    Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed

    A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.

  • May 07, 2025

    Mich. Justices Mull 'Straddle Policies' In No-Fault Cases

    The Michigan Supreme Court on Wednesday considered whether insurance policies that straddle the date no-fault reforms went into effect should be subjected to post-reform increased limits for liability and scheduled medical care reimbursement rates.

  • May 07, 2025

    Splenda Maker Can't Claim Scientist's Research Is 'Defamation'

    A North Carolina federal judge has partially dismissed claims from the maker of sweetener Splenda alleging that a scientist defamed the company by saying in a television interview that Splenda contains a harmful chemical, saying accurately stating the results of her research is protected by the First Amendment.

  • May 07, 2025

    Boarding School Not Covered In Sex Abuse Suit, Insurer Says

    An insurer for a private boarding school told a Massachusetts federal court it owes no coverage to the school and its former head for a civil lawsuit accusing a former teacher of sexually abusing students, pointing to separate exclusions barring coverage for abuse and known wrongful acts.

  • May 07, 2025

    Wyndham Sued Over Drowning In Miami Beach Rip Current

    The estate of a New York man who drowned after being caught in a rip current on Miami Beach has sued Wyndham Hotels and Resorts LLC, claiming its MB Hotel failed to warn of the danger of rip currents in the ocean behind the property.

  • May 07, 2025

    NJ Anti-SLAPP Fee Shift Applies In Federal Court, Judge Says

    A New Jersey federal judge held that the Garden State anti-SLAPP law's fee-shifting provision applies in federal court, ruling that a blogger sued for defamation by the CEO of a company that helps retiring athletes find new careers can recover attorney fees and costs if he can successfully dismiss the complaint.

  • May 07, 2025

    Ga. Judges Dubious Of Path To Atty Fees In Crash Injury Case

    A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.

  • May 07, 2025

    Liberty Mutual Must Pay $1.3M Crash Verdict, Woman Says

    A woman who won a $1.3 million verdict against a Liberty Mutual insured over a car crash said the insurer is now on the hook for the award, telling a Connecticut federal court the insurer could and should have resolved the suit within policy limits.

Expert Analysis

  • 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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

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