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Personal Injury & Medical Malpractice
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October 15, 2025
Travelers Unit Says Liberty Can't Recoup Injury Suit Costs
A Travelers unit said it doesn't owe two Liberty Mutual insurers over $2 million in defense and indemnity costs incurred in an underlying injury suit against their mutual insured, telling a New York federal court the other carriers are passing off the bill after "unilaterally and strategically" settling the case.
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October 15, 2025
10th Circ. Restores Asylum Grant In 10-Year Immigration Fight
A Tenth Circuit panel said a Honduran woman and her two children can remain in the U.S., ruling that the Board of Immigration Appeals misstepped when it overturned their grant of asylum for a second time in 10 years.
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October 15, 2025
2nd Circ. Won't Block NY Ammo Sales Background Check Law
The Second Circuit on Wednesday decided not to block enforcement of a New York law requiring background checks for ammunition sales, finding the "mere inconveniences" of a potential delay and a $2.50 fee don't meaningfully constrain the plaintiffs' Second Amendment rights.
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October 15, 2025
Syracuse Diocese Gets OK For More Insurance Settlements
A New York bankruptcy judge Wednesday approved nine remaining settlements with insurance companies for the Roman Catholic Diocese of Syracuse as part of its Chapter 11 plan, following her approval of two earlier deals with insurers in August.
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October 15, 2025
Geico Says Cos. Owe $415K For Fraudulent Med Gear Scheme
A group of Geico auto insurers told a New York federal court that they are entitled to recoup $415,000 from companies that they allege submitted hundreds of fraudulent no-fault insurance claims, totaling over $1.25 million, for unnecessary durable medical equipment.
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October 14, 2025
LA Angels Go To Trial Over Pitcher Skaggs' Fatal Overdose
The Los Angeles Angels contributed to the 2019 drug overdose death of star pitcher Tyler Skaggs by failing to stop their communications director from selling drugs to players, counsel for Skaggs' family told a California jury Tuesday during opening statements in its wrongful death suit.
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October 14, 2025
GC Tells NJ Jury No Punitive Damages For Clergy Accuser
The general counsel for an elite Catholic prep school told a jury in New Jersey state court on Tuesday that it precluded punitive damages for a victim of clergy abuse when it returned a $5 million verdict on compensatory damages last week.
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October 14, 2025
Ill. Jury Awards Record $104M For Construction Zone Crash
A Chicago-area jury has awarded $104.6 million to a couple who were riding in a limo when it crashed due to the allegedly negligent design of a highway construction zone, handing up the largest road construction verdict in Illinois history, according to plaintiffs' counsel.
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October 14, 2025
Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand
An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.
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October 14, 2025
J&J Talc Unit Objects To Brown Rudnick's 'Unnecessary' Fees
Johnson & Johnson talc spinoff Red River Talc has again urged a Texas bankruptcy judge to reject Brown Rudnick LLP's $4.3 million fee request for representing the talc claimants committee in Chapter 11 proceedings, arguing that the firm's retention was never approved and its services "were unnecessary, inappropriate and duplicative."
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October 14, 2025
PacifiCorp Owes $26M In Latest Wildfire Trial
An Oregon jury on Tuesday ordered PacifiCorp to pay more than $26 million to the latest group of plaintiffs who fled Labor Day 2020 wildfires that the utility was previously found liable for starting.
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October 14, 2025
Fla. Woman Gets Life In Prison For FSU Law Prof Murder
A Florida state court judge has sentenced Donna Adelson to life in prison after a jury found her guilty last month of masterminding a plot to hire hit men to kill her former son-in-law, Dan Markel, who was a law professor at Florida State University.
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October 14, 2025
NJ Mayor Pans US Atty's 'Breathtaking' False Arrest Defense
Newark Mayor Ras Baraka on Tuesday slammed a move by acting New Jersey U.S. Attorney Alina Habba to escape his malicious prosecution and false arrest civil suit as doomed to fail.
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October 14, 2025
Law Firm Seeks Court Order To End Trademark Dispute
Personal injury law firm CR Legal Team LLP has asked a North Carolina federal court to rule that it did not infringe another law firm's trademarks, arguing that the two firm's legal services are dissimilar and don't cause client confusion.
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October 14, 2025
Self-Defense May Excuse Unintended Death, Mass. Court Says
A defendant charged in a homicide can ask jurors to consider self-defense to excuse or at least mitigate charges in the killing of an innocent bystander, Massachusetts' highest court concluded on Tuesday.
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October 14, 2025
High Court Won't Hear FDA Stem Cell Regulation Fight
The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.
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October 14, 2025
High Court Won't Hear Alex Jones' $1.4B Sandy Hook Appeal
The U.S. Supreme Court on Tuesday declined to hear the appeal of right wing conspiracy theorist Alex Jones in connection with a $1.4 billion defamation judgment granted by a Connecticut state court in favor of family members of Sandy Hook school shooting victims.
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October 10, 2025
Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told
Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.
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October 10, 2025
Law Firm Seeks To Uphold $6.6M Arbitral Award In Fee Dispute
A personal injury law firm embroiled in a long-running dispute over fees owed in litigation over a 1983 terrorist bombing in Lebanon urged a New York federal court to preserve a $6.59 million arbitral award it had secured for its work, arguing that tossing the arbitrator's "carefully balanced" decision would wrongly send the parties back to square one.
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October 10, 2025
Northwestern Urges Final Toss Of Ex-Coach's Defamation Suit
Northwestern University urged an Illinois state court to permanently toss a former assistant football coach's defamation lawsuit, arguing that the amended complaint, "like the original," is based on "statements that were not about him, were not false, and caused him no harm."
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
Delta Beats Passenger Death Suit Over Jetway Wheelchair Fall
A Georgia federal judge Friday threw out a lawsuit filed against Delta Air Lines Inc. that traced a woman's death to her fall from a wheelchair while being escorted across a jetway, ruling that the suit was preempted by a 1990s-era treaty governing airline liability during international travel.
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October 10, 2025
Medical Supply Co. Drops UnitedHealth Coverage Suit
A medical supply company has agreed to drop its lawsuit alleging UnitedHealthcare entities issued a blanket block on the company's claims without notice, according to a stipulated order filed Friday in Michigan federal court.
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October 10, 2025
MSC Cruises Says Ex-Worker Must Arbitrate Injury Claim
MSC Cruises is urging a Florida federal court to dismiss a Nicaraguan former crewmember's claims for medical care for a hernia he suffered while working on a ship and force him to arbitrate his case in London.
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October 10, 2025
Geico Failed To Arbitrate Auto Accident Claim, Suit Says
A North Carolina resident accused Geico of failing to arbitrate her injury claim stemming from an auto accident, telling a federal court that following two years of document production, the insurer only denied coverage after she said she rejected a "lowball" settlement offer.
Expert Analysis
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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What Justices Left Unsaid About The Federal Tort Claims Act
The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.