Personal Injury & Medical Malpractice

  • September 19, 2025

    Surgery Center Wins Contract Fight With Spine Doc

    A Colorado federal jury Thursday sided with Arete Surgical Centers LLC in a contract fight with a spine surgeon in which each party accused the other of violating a settlement agreement over an earlier dispute, awarding the center just over $300,000.

  • September 19, 2025

    Pot Cos. Not Covered In Death Suit, Berkshire Hathaway Says

    A Berkshire Hathaway unit has no duty to defend a group of cannabis companies in an underlying suit over a worker's death, the insurer told a Florida federal court Friday, arguing that the suit does not allege that the companies were the employers of the worker as required to trigger coverage.

  • September 19, 2025

    Ill. Panel Upholds Monsanto's Trial Win In Roundup Case

    A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.

  • September 19, 2025

    Boston Jury Awards $83M Asbestos Verdict Against Art Clay Co.

    A Boston jury has returned an $83 million verdict in favor of a woman who died from mesothelioma against a ceramic art clay company, which her lawyers believe to be the largest asbestos award delivered in the state.

  • September 19, 2025

    Insurer Seeks Coverage Sublimit For Unbooked Uber Driver

    An insurer for Uber told a Texas federal court that it should only owe coverage up to a lower set of limits over an auto collision involving one of its drivers, arguing that a policy with a higher limit only applied once a driver actually accepted a ride request.

  • September 19, 2025

    Texas Judge Sends Another Buzbee, Jay-Z Suit To State Court

    A federal judge in Texas has remanded back to state court a lawsuit accusing Quinn Emanuel Urquhart & Sullivan LLP of trying to destroy well-known attorney Tony Buzbee's reputation in retaliation for a lawsuit in which Buzbee's client accused rapper Jay-Z of child rape.

  • September 19, 2025

    Mich. Top Court Again Backs Retroactive Auto Reform Limits

    The Michigan Supreme Court on Friday reversed a lower state appellate panel's decision in a dispute over whether no-fault reforms enacted in 2019 apply to policies that "straddled" the reform effective dates, pointing to the top court's earlier finding that such policies are subjected to post-reform increased limits for liability.

  • September 19, 2025

    Trump Can't Use NYT Lawsuit As 'Megaphone,' Judge Says

    A Florida federal judge on Friday struck President Donald Trump's 85-page, $15 billion defamation lawsuit against The New York Times, several of its reporters and publisher Penguin Random House, calling the suit "improper and impermissible" and ordering him to refile his claims in a more succinct complaint.

  • September 18, 2025

    Prospect Medical Says It May Drop Stay On Tort Cases

    Counsel for Prospect Medical Holdings on Thursday told a Texas bankruptcy judge that talks to establish a procedure for handling tort claims in the hospital operator's Chapter 11 case have deadlocked, and it's prepared to let hundreds of tort claimants go back to the courthouse.

  • September 18, 2025

    American Airlines On Hook For $9.6M For Passenger's Stroke

    A California federal jury has awarded $9.6 million to an American Airlines passenger who suffered an in-flight stroke resulting in severe injuries, after determining that the airline failed to heed its own guidelines regarding in-flight medical emergencies, according to plaintiffs' counsel.

  • September 18, 2025

    'My Life Ended In That Car,' Uber Assault Accuser Says

    A woman suing Uber over claims a driver sexually assaulted her told a San Francisco jury Thursday that "my life ended in that car" because of the lasting effects of the traumatic attack, and explained tearfully that she gave the driver a five-star review out of fear he'd come after her.

  • September 18, 2025

    Miami Woman Wins $2M In Hot Dog Fall Suit Against Mall

    A Florida state court jury awarded a Miami woman more than $2 million in damages in her lawsuit against a janitorial service company and a local mall, where she allegedly suffered severe injuries after slipping and falling on a partially eaten hot dog on the floor. 

  • September 18, 2025

    Ga. Panel Lifts Bar On Mom's Suit Over Accidental Shooting

    The Georgia Court of Appeals has revived a woman's wrongful death suit over her son's accidental shooting while in training as a security guard, overturning a lower court's ruling that her claims were preempted by a liability release in a workers' compensation settlement.

  • September 18, 2025

    Split Court Shields Mich. City From Teen's Drowning Suit

    The city of South Haven, Michigan, is immune from the claims of the estate of a man who drowned while swimming in Lake Michigan because the estate failed to establish that an exception to governmental immunity applied, a divided state appeals court ruled.

  • September 18, 2025

    Mich. Top Court To Weigh Medicare's Role In No-Fault Cases

    Michigan's highest court will weigh whether an injured driver who opted out of personal injury protection due to his Medicare coverage must offset his damages by billing the insurance program for accident-related medical expenses in a no-fault dispute. 

  • September 18, 2025

    Pipe Maker Gets 2nd Shot At Bringing Asbestos RICO Claims

    An Illinois federal judge has said a Los Angeles pipe manufacturer can bring amended civil racketeering claims over a St. Louis-area law firm's alleged conspiracy to bring meritless asbestos claims, after the company argued information from confidential whistleblowers warranted an attempt to fix earlier pleading deficiencies.

  • September 18, 2025

    Illinois Woman Loses Suit Over National Forest Hiking Injury

    An Illinois federal judge has thrown out a woman's claims against the federal government over injuries she sustained when she cut her leg on a jagged metal post in Shawnee National Forest in southern Illinois, saying the government is immune to some of her claims and there is insufficient evidence to back up the rest.

  • September 18, 2025

    Circuit Split On Felon Gun Ban Could Set Up High Court Review

    A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.

  • September 18, 2025

    Couple Slam NC Defense Attys In Hospital Negligence Appeal

    A couple pursuing negligence claims against a local hospital scoffed at the idea that they were lurking on the sidelines waiting to cash in on a favorable outcome in a similar case, telling the North Carolina appeals court to ignore an amicus brief by defense attorneys arguing as much.

  • September 18, 2025

    OpenAI Faces Liability Test In Suit Over ChatGPT Suicide

    A wrongful death suit accusing OpenAI's artificial intelligence tool ChatGPT of aiding a teenager's suicide is set to be a high-stakes test of the responsibilities that AI firms will have toward vulnerable users, particularly minors exhibiting signs of mental distress, attorneys said.

  • September 18, 2025

    Law Firm Files Fee Suits Over Texas Mass Shooting Litigation

    A law firm has launched two separate Texas state court lawsuits alleging it is owed more than $2 million in legal fees for work it performed on behalf of victims of a 2017 mass shooting at a Lone Star State church in Sutherland Springs.

  • September 18, 2025

    Jay-Z, Buzbee Conspiracy Suits Sent To Texas State Court

    A Texas federal judge has sent two conspiracy lawsuits brought by clients of Texas personal injury attorney Tony Buzbee against Shawn "Jay-Z" Carter's company Roc Nation and his attorneys back to state court in Houston, finding the court lacks jurisdiction in the case despite the defendant's argument that law firm Quinn Emanuel Urquhart & Sullivan LLP was "improperly joined."

  • September 18, 2025

    Uber Says Philly Law Firm, Doctors Fabricated Injuries

    Ride-sharing company Uber has accused personal injury firm Simon & Simon PC and a network of healthcare providers of fabricating medical records to inflate accident complaints, according to a RICO suit filed in Philadelphia federal court.

  • September 18, 2025

    Petrol Co. Seeks Early Win In Benzene Injury Coverage Suit

    Three insurers have continued to renege on their duty to defend an underlying lawsuit seeking to hold a New York-based petroleum company liable for a man's multiple myeloma diagnosis, the company told a state court, saying they've already acknowledged that such a duty exists.

  • September 17, 2025

    Uber Stalled On Women-Only Rides, Jury Hears In Assault Trial

    Uber executives pumped the brakes for years on a proposed safety program that would have matched woman drivers with woman riders, fearing legal risks and the potential for a public perception that the service is unsafe for women, a San Francisco jury heard Wednesday in a bellwether sexual assault trial.

Expert Analysis

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

    Excerpt from Practical Guidance
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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • 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.

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