Personal Injury & Medical Malpractice

  • June 04, 2025

    4th Circ. Invokes Rooker-Feldman In Hospitalization Case

    The Fourth Circuit on Wednesday found that a woman could not challenge a consent order she signed to be released from an involuntary hospital commitment, marking the first opinion of its kind from the court in two decades invoking the Rooker-Feldman doctrine.

  • June 04, 2025

    French Plane Co. Escapes Crash Suit In Fla. Courts

    A Florida appeals panel on Wednesday threw out product liability claims against a French plane manufacturer in a suit over a crash that killed all but one of its passengers, saying the company's ties to the Sunshine State are not related to the allegations in the complaint.

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    Copter Companies Will Pay $30M To 2 Estates For Fatal Crash

    Two families whose loved ones were killed in a Duke Life Flight helicopter crash are getting $30 million in settlements between them from the companies behind the chopper's operation, construction and sale, according to dismissals filed in North Carolina state court Wednesday.

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    Novo Nordisk Wants Hospital Sanctioned For Insulin Pen Suit

    Novo Nordisk Inc. has asked a Connecticut federal judge to sanction Griffin Health Services Corp. for suing the pharmaceutical company after settling a separate insulin pen contamination lawsuit, saying the hospital's complaint left out five important facts that could point blame back toward its own staff.

  • June 04, 2025

    Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit

    Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.

  • June 04, 2025

    Damages Retrial Ordered In NC Massage Envy Sex Assault Suit

    A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.

  • June 04, 2025

    Public Remarks Limited In Megan Thee Stallion's Trial Lies Suit

    A Texas social media personality defending herself against Megan Thee Stallion's cyberstalking lawsuit agreed to stop posting about the case after the rapper told a Florida federal judge on Wednesday that public statements could incite violence, weeks after fellow recording artist Tory Lanez was stabbed in a California prison.

  • June 04, 2025

    Apple Can Shield Info In NJ TikTok Addiction Suit

    A New Jersey state court will allow Apple Inc. to inject itself into the state attorney general's high-profile lawsuit accusing TikTok of designing features that harm and cause addiction in children, allowing the manufacturer of the iPhone to argue, away from public view, that certain content in the lawsuit should be redacted.

  • June 04, 2025

    NJ Mayor Expands False Arrest Suit Against US Atty

    Mayor Ras Baraka of Newark, New Jersey, on Wednesday added a false light count to his defamation and malicious prosecution complaint against interim U.S. Attorney Alina Habba over his May 9 arrest outside an immigration detention center.

  • June 04, 2025

    Conn. Attorney Failed To Split $165K Fee, Watchdog Says

    Connecticut attorney J. Xavier Pryor breached four rules of professional conduct when he failed to split a $165,000 fee from a personal injury settlement with the lawyer who referred the case to him, the state's attorney ethics watchdog said in a disciplinary complaint.

  • June 04, 2025

    Assault Survivor Sues MSU Over Identity Leak, Career Harm

    A sexual assault survivor and activist has sued Michigan State University's Board of Trustees, alleging in a new complaint that the university mishandled her sexual harassment report against former football coach Mel Tucker and saying trustees publicly disclosed her identity against university policy.  

  • June 03, 2025

    Egg Producer Beats Suit Over Salmonella Contamination

    Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.

  • June 03, 2025

    6th Circ. Backs OSU In Diver's Sexual Abuse Claims

    A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.

  • June 03, 2025

    Adjustment Of Claims Ordered After $66M Boat Death Suit

    A North Carolina federal judge granted a preliminary injunction ordering an adjuster to proceed with adjusting claims for insurers, including one related to a 2021 fatal Florida boat accident that resulted in a $66 million consent judgment against a policyholder.

  • June 03, 2025

    PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.

  • June 03, 2025

    Allstate Urges Ga. Panel To Undo Dismissal Sanction

    Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.

  • June 03, 2025

    Weinstein Atty Casts Accusers As Abusers In Retrial Closing

    A Manhattan jury on Tuesday heard closing arguments in Harvey Weinstein's retrial on sexual assault charges in New York state court, as his attorney said he was "abused" by "mad," "scorned" ex-lovers who didn't have the talent to make it in show business.

  • June 03, 2025

    6th Circ. Denies PBMs' Privilege Claim In Opioid MDL

    A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.

  • June 03, 2025

    Seaplane Co. Spars With Manufacturer On Fatal Crash Cause

    A Washington state charter flight company is seeking vindication in a state court lawsuit over a 2022 seaplane crash in the Seattle area that killed 10 people, contending that the plane's Canadian manufacturer is ultimately to blame because it lied to regulators about the model's airworthiness to get approval in the 1950s.  

  • June 03, 2025

    Canada Customers Agree To Halt 23andMe Data Breach Suits

    23andMe and Canadian customers suing over a data breach agreed on Tuesday to pause lawsuits against non-bankrupt third parties for up to six months amid the DNA testing company's Chapter 11 proceedings in Missouri.

  • June 03, 2025

    Fla. Judge Trims Suit Over Cruise Passenger's Drowning

    A Florida federal judge Tuesday declined to toss a lawsuit accusing Norwegian Cruise Lines of negligence in the death of a Pennsylvania man who drowned while on a shore excursion in Bermuda, but said the complaint must be refiled after ruling some counts weren't sufficiently alleged.

  • June 03, 2025

    License Lapse Gets Atty Suing NFL's Cardinals Suspended

    The attorney representing former Arizona Cardinals Vice President Terry McDonough in his defamation suit against the NFL team and its owner has been suspended for one year from practicing in Arizona for continuing to represent McDonough while his state bar dues remained unpaid.

  • June 03, 2025

    Buyer Says Roofing Co. Hid Sex Harassment, Other Liabilities

    A Colorado-headquartered roofing and exterior services company has sued an acquired business, D.K. Haney Inc., following a discovery that the $11.9 million deal overstated Haney's value by 77% due to a failure to reveal liabilities including sexual harassment by senior officers.

Expert Analysis

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Nevada Justices Could Expand Scope Of Subrogation Claims

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    The Nevada Supreme Court's recent decision to hear North River Insurance v. James River Insurance could expand the scope of equitable subrogation claims in the state by aligning with the California standard, which doesn't require excess insurers to demonstrate damages, says Daniel Heidtke at Duane Morris.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

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