Personal Injury & Medical Malpractice

  • April 04, 2024

    $1.6M Med Mal Brain Injury Verdict Nixed Over Jury Instruction

    The Virginia Supreme Court on Thursday wiped out a $1.6 million verdict in a malpractice suit by a woman alleging she had a seizure and fell because her doctor didn't properly treat her low blood sodium, saying the trial court should have given the jury an instruction requested by the doctor.

  • April 04, 2024

    Judge Axes Experts In Chiquita MDL, With More On The Way

    A Florida federal judge presiding over a long-running multidistrict litigation against Chiquita Brands rejected expert witnesses offered by both Chiquita and plaintiffs who accuse the banana grower of financially supporting a defunct Colombian paramilitary group that allegedly killed their relatives.

  • April 04, 2024

    Higher Ed Groups Warn Of 'Radical Shift' In Suicide Liability

    Four colleges and a slew of higher education advocacy groups have urged the Eleventh Circuit to reject an argument that Atlanta's Emory University should be liable for the suicide of a student, warning that a ruling against the school could bring about a "radical shift" in the university-student relationship.

  • April 04, 2024

    Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism

    The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 04, 2024

    BMW Dealer, Claims Manager End $4M Injury Settlement Fight

    A South Carolina BMW dealership and its insurers have agreed to end their suit against a claims manager over a $4 million personal injury settlement, with the claims manager also dropping allegations against the dealership's automotive group, according to a notice filed in North Carolina federal court.

  • April 04, 2024

    'Real Housewives' Assault Case Legally Deficient, Court Told

    Bravo, NBCUniversal and Warner Bros. have asked a Manhattan judge to toss a suit brought by a former "Real Housewives" cast member who claimed she was sexually assaulted while filming in Morocco, arguing her claims were filed in the wrong jurisdiction and past a one-year statute of limitations.

  • April 04, 2024

    Adult Day Care Negligence Suit Tossed Without Experts

    A New Jersey appeals court won't let the family of a woman injured at an adult day care revive their suit, finding they haven't put forth evidence to show that the day care's negligence caused the injuries.

  • April 04, 2024

    Surfside, Fla., Condo Collapse Victims To Get Additional $4.8M

    A Florida judge signed off Thursday on an additional $4.8 million distribution to the victims of the deadly collapse of the Champlain Towers South condominium after the receiver overseeing the defunct condominium association told the court the association had fewer financial obligations and tax liabilities than expected. 

  • April 03, 2024

    Sanofi Plans To Settle 4,000 Zantac Cancer Claims

    Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.

  • April 03, 2024

    Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says

    A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.

  • April 03, 2024

    Arizona Newspaper Says Article Headline Isn't Libel

    An Arizona online publication has urged a Florida federal judge to toss a defamation suit filed by an online retail mogul, arguing the allegedly defamatory headline about the mogul's involvement in a possible murder-for-hire case is substantially accurate.

  • April 03, 2024

    Tort Report: Cert Bid For NY Gun Law; Insult Atty Update

    A high court challenge of New York's gun sales law and an update on disciplinary proceedings against an attorney who hurled insults at judges, calling them "scumbags," lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • April 03, 2024

    Family Drops Suit Against Taser Co. Over Ga. Man's Death

    A family who sued Taser maker Axon Enterprise Inc. and a south Georgia sheriff's office over the 2019 death of a relative at the hands of deputies has dropped its claims against the stun gun manufacturer, a few weeks after it similarly released the sheriff's office from liability.

  • April 03, 2024

    Houston-Area Indian Temple Accused Of Branding 11-Year-Old

    A Houston-area Indian temple has been hit with a lawsuit by a man who says his 11-year-old son was branded during a cultural ceremony without his consent.

  • April 03, 2024

    Family Not 'Trespassers' In Revived Deck Collapse Suit

    A Texas appeals panel on Wednesday revived a family's claims against Silverleaf Resorts LLC and Holiday Inn Club Vacation Inc. over injuries from a deck collapse, finding the trial court was wrong to find they were trespassers as a matter of law.

  • April 03, 2024

    Auto Insurer Seeks Payback After $2M Car Crash Settlement

    A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.

  • April 03, 2024

    5 Hotel Cos. Defeat Trafficking Claims, 2 Others Settle

    An Ohio federal judge gave five hospitality companies early wins against a sex trafficking survivor's liability claims and dismissed two others following undisclosed settlement agreements, bringing an end to the survivor's suit alleging the companies should have seen warning signs and prevented what happened to her.

  • April 03, 2024

    Ethiopian Air Trial Set For November Over Boeing's Objections

    An Illinois federal judge said Wednesday that some pending lawsuits over a 2019 Ethiopian Airlines crash will go to trial late this year, despite Boeing's objections that he should hold off on setting a trial date to allow for fruitful settlement negotiations.

  • April 03, 2024

    Native Group's Battle With Commanders Unfit For N. Dakota

    A Native American advocacy group's defamation and conspiracy suit against the Washington Commanders has been booted from North Dakota federal court after a judge ruled the franchise's ties to the state were "incidental."

  • April 03, 2024

    Judge's Recusal Not Needed In Indiana Hospital Fall Suit

    An Indiana appeals panel rejected a woman's bid to revive her suit over a trip and fall injury she suffered while taking her grandson to a hospital in Hobart, saying the fact the judge's son worked for the hospital's law firm does not show there was a conflict requiring the judge's recusal.

  • April 03, 2024

    Houston Firm Ditches Proposed Data Breach Class Action

    A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Northwestern Must Face Fired Football Coach's $130M Suit

    An Illinois state judge refused Tuesday to dismiss fired Northwestern University football coach Pat Fitzgerald's $130 million contract breach suit alleging he was terminated without cause amid a monthslong probe into hazing allegations, teeing up the case for trial in April 2025.

  • April 02, 2024

    Uber Seeks Exit From Texas Riders' Claims In Assault MDL

    Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.

Expert Analysis

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Post-Mallory, Calif. Personal Jurisdiction Unlikely To Expand

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    The U.S. Supreme Court's recent Mallory v. Norfolk Southern Railway decision, affirming that registration to do business in Pennsylvania means consenting to be sued in that state's courts, could prompt other states to experiment with similar laws — but such efforts would likely fail in California, say Virginia Milstead and Raza Rasheed at Skadden.

  • Tapping The Full Potential Of The Juror Questionnaire

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    Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    A New Strategy For Defending Spine Injury Claims

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    With spinal injury claims proliferating — often with verdicts in the seven-figure range — defense counsel can expand their current trial playbook by retaining experts to prepare and publish peer-reviewed scientific studies that can then be used in the courtroom to help juries understand the issues, says Nicholas Hurzeler at Lewis Brisbois.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • 3 Lessons From Mock Trials That Attys Can Use In Practice

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    The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Retailers Face Compliance Issues As PFAS Regulations Grow

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    As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.

  • Ethics Issues For Mainland Firms Involved In Maui Fire Suits

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    Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • How Jurors' Great Resignation Views Affect Corp. Defendants

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    With recent surveys finding that many workers expect to leave their jobs in the next year, corporate defendants should consider measuring potential jurors’ attitudes about the "great resignation," which may reveal biases against large corporations and beliefs about personal responsibility, say Jorge Monroy and David Metz at IMS Consulting.

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