Personal Injury & Medical Malpractice

  • November 06, 2025

    NJ Panel Says Med Mal Death Suit Wrongly Tossed

    A New Jersey state appeals court on Thursday reinstated a woman's wrongful death suit against a Wayne hospital, finding the trial court misapplied precedent when it found her affidavit of merit was insufficient for not naming the specific employees she claims were negligent.

  • November 06, 2025

    Social Media Apps Must Face Jury After Section 230 Loss

    A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.

  • November 06, 2025

    Insurers Say Contractor's $7M Default Ruling Not Covered

    Two Nationwide insurers said they have no obligation to cover a $7 million default judgment entered against a contractor in an underlying suit over a plumber's head injury, telling an Illinois federal court that the contractor failed to report the incident prior to the judgment being entered.

  • November 06, 2025

    Family Sues UF Hospital Over Toddler's Potassium Overdose

    The family of a 2-year-old who died at Shands Hospital at the University of Florida filed a lawsuit Thursday claiming the hospital staff made a number of preventable medical errors, including over-administering potassium, which led to a fatal heart attack.

  • November 06, 2025

    Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case

    A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.

  • November 06, 2025

    NC Panel Says Juror's Date Request Didn't Prejudice Case

    An incident in which a juror asked a witness out on a date mere minutes after she left the stand didn't prejudice a woman who was later granted a new trial, a split North Carolina state appeals panel said as it vacated a lower court's decision.

  • November 06, 2025

    NC Judge Mulls Returning Mexico Death Suit To State Court

    A North Carolina federal judge wants to know why he shouldn't boot a wrongful death case involving a Charlotte woman who was allegedly murdered on vacation in Mexico back down to state court after tossing the U.S. State Department and the Federal Bureau of Investigation from the suit.

  • November 06, 2025

    Towing Co. Appeals Motorcyclist's $45M Crash Verdict

    A Connecticut towing company has challenged a judge's decision to leave intact a $45 million award to a Marine Corps reservist who was paralyzed in a motorcycle crash, elevating the case to the state's intermediate-level appeals court.

  • November 05, 2025

    Mich. Justices Hint At 2nd Chance For Female Inmates' Suit

    The Michigan Supreme Court seemed sympathetic to female inmates of Detroit's county jail who want to refile a class action alleging pervasive harassment during strip searches, though a named plaintiff's death put a wrinkle in Wednesday's arguments. 

  • November 05, 2025

    6th Circ. Scraps Objections To $600M Train Derailment Deal

    The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts. 

  • November 05, 2025

    9th Circ. Backs LA In Shop Destroyed In Police Raid

    Los Angeles won't foot the bill for a retail store damaged by police who fired tear gas into the shop during a standoff with an armed fugitive, the Ninth Circuit ruled in a published opinion, saying "just compensation" isn't necessary because the assault was done to protect the public.

  • November 05, 2025

    UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic

    A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.

  • November 05, 2025

    Ethiopian Air Crash Warrants Substantial Award, Jury Hears

    The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.

  • November 05, 2025

    Everclear Maker Wants Plaintiff's Atty Gagged For Harassment

    Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.

  • November 05, 2025

    Fla. County Employee Fights Prisoner's Injury Suit At 11th Circ.

    A St. Lucie County, Florida, employee told the Eleventh Circuit Wednesday that a lower court should have granted him a win in a prisoner's suit over an injury he caused on a work site, arguing that the facts show there was no Eighth Amendment violation, and he has qualified immunity.

  • November 05, 2025

    Appeals Court Won't Kick SpaceX Sex Bias Suit To Arbitration

    A California appeals court backed a trial court's refusal to force arbitration of a former SpaceX employee's suit claiming her boss forced her into a sexual relationship in exchange for career advancement, finding her claims were protected by a law barring mandatory out-of-court resolution for sex misconduct cases.

  • November 05, 2025

    Home Depot Must Face False Arrest Suit, Fla. Panel Says

    A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.

  • November 05, 2025

    Conn. Justice Questions 'Credibility Contest' In Fatal Fire Suit

    A Connecticut Supreme Court justice wondered Wednesday if a trial court should rely on expert affidavits to determine the law in a foreign jurisdiction, probing whether a "credibility contest" was the right method for deciding that a lawsuit over a massive fatal fire belongs in the Philippines instead of the U.S.

  • November 05, 2025

    Philip Morris Damages Guardrail Bid Meets Skeptical Justices

    Massachusetts' top court appeared unreceptive Wednesday to arguments made by Philip Morris USA Inc. that a since-reduced $1 billion verdict issued by a state court jury means more guidelines are needed to curtail massive awards.

  • November 05, 2025

    After Atty DQ, Family Preserves Claims Against Home Depot

    A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.

  • November 05, 2025

    Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit

    A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.

  • November 04, 2025

    High Court Justices Mull Removal Issues In Baby Food Case

    The U.S. Supreme Court on Tuesday grappled with whether a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was properly removed to federal court, as some justices voiced concerns about depriving plaintiffs of their choice of forum.

  • November 04, 2025

    4 Sue Mormon Church Over 'Known Pedophile' High Priest

    Four men are suing the Church of Jesus Christ of Latter-Day Saints in the state of Washington, alleging the church reinstated a known pedophile to the position of high priest without warning members, allowing him to continue sexually abusing children as young as 5 years old. 

  • November 04, 2025

    Philip Morris, RJR Owe For Woman's Lung Cancer, Jury Told

    The family of an Italian immigrant who died of lung cancer after smoking for decades went to trial Tuesday against Philip Morris and R.J. Reynolds, telling a Massachusetts state jury that her experience was "not unique" from millions of others who have trodden the same path of addiction.

  • November 04, 2025

    2nd Circ. Won't Revive COVID Death Suits Against Cuomo

    Former New York Gov. Andrew Cuomo and other state officials don't have to face claims blaming them for COVID-related deaths in nursing homes stemming from directives seeking to lessen the strain on hospitals, the Second Circuit ruled Tuesday, finding the defendants are entitled to qualified immunity amid a public health crisis.

Expert Analysis

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

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