Personal Injury & Medical Malpractice

  • September 30, 2026

    Defamation Litigation Roundup: Candace Owens, Firm DQ

    In this month's review of defamation fights, Law360 highlights a new suit over right-wing media personality Candace Owens and her conspiracy theories about the killing of conservative activist Charlie Kirk, as well as Quinn Emanuel's disqualification from a suit against a former client.

  • September 30, 2026

    Tow Co. Can't Nix $27M Default Judgment, Texas Court Rules

    The father of a U.S. Postal Service worker who was totally incapacitated following a collision with a tow truck will get a second shot at securing a $27 million default judgment against the repossession company, a Texas appeals court ruled, saying the company was properly served.

  • September 30, 2026

    Meta Fights 'Monster' Proposed $1.1B CIPA Judgment

    Meta has urged a California federal judge not to grant a partial final judgment of more than $1.1 billion against it for unlawfully obtaining sensitive data from users of the menstrual tracking app Flo, saying the judgment it criticized as "Frankenstein's monster" violates its due process rights.

  • September 30, 2026

    DraftKings Uses AI To Exploit Losing Bettors, Suit Alleges

    DraftKings weaponizes artificial intelligence to identify vulnerable gamblers who tend to lose and then deploys promotions enticing those gamblers to place more bets to increase the house's revenue, according to a proposed class action filed Wednesday in Massachusetts federal court.

  • September 30, 2026

    FTC Asks Texas Court To Keep Trans Health Suit Intact

    The Federal Trade Commission asked a Texas federal court to keep intact its lawsuit against World Professional Association for Transgender Health, saying Tuesday that it adequately pled that the organization published medically dubious, self-serving trans guidelines that push "dangerous and experimental treatments."

  • September 30, 2026

    Texas Court Revives Suit Over Sponge Left In Surgery Patient

    A Texas appellate court on Wednesday revived a medical malpractice suit accusing three radiologists of failing to identify a surgical sponge left inside a patient after open-heart surgery, saying there is a factual dispute over whether the plaintiffs acted with sufficient diligence to overcome a statute-of-limitations defense.

  • September 30, 2026

    Tort Report: Uber Owes $40M In Abandoned Rider Death Case

    A $40 million arbitration award in a case over an Uber incident and looming litigation against the federal government over a highly publicized U.S. Immigration and Customs Enforcement raid on a Hyundai-LG plant in Georgia lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • September 30, 2026

    NCAA Wins Title IX Trans Suit, As Judge Finds No Fed. Aid

    A Georgia federal judge has sided with the NCAA in a suit that challenged its former policy allowing transgender athletes to compete in women's sports, ruling the organization was not bound by Title IX restrictions because it received no federal funds.

  • September 30, 2026

    Ohio Parents Say Netflix Hooks Kids For Ad Data

    Netflix falsely marketed itself as a "kid-friendly" streaming alternative to Big Tech platforms while secretly building an addictive surveillance machine around children, Ohio parents have claimed in a proposed class action, which is at least the third lawsuit accusing the company of harvesting families' personal data.

  • September 30, 2026

    Pharma Co. Says Mass. Plant Hid FDA Sterility Concerns

    A North Carolina pharmaceutical company says in a complaint filed Wednesday in Massachusetts state court that the company it hired to package a drug for clinical trials involving young children intentionally downplayed a U.S. Food and Drug Administration inspection that flagged multiple contamination issues.

  • September 30, 2026

    NTSB Must Turn Over Cockpit Recording Of Fatal Conn. Crash

    A Connecticut state court ordered the National Transportation Safety Board to turn over a two-hour-long cockpit voice recording from a Cessna jet that was involved in a crash that killed four people, saying the audio is necessary for the fair assessment of issues central to wrongful death and insurance suits.

  • September 30, 2026

    DuPont Lead Exposure Plaintiffs Get One Class Certified

    An Indiana federal judge has certified a medical monitoring class in a suit led by a group of minors alleging E.I. Du Pont de Nemours and Hammond Group Inc. caused their exposure to lead, while denying certification of a personal injury class.

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    Norfolk Southern Investors Certified In Derailment Suit

    Norfolk Southern investors can proceed as a class in a suit accusing the company of making misleading statements regarding its safety operations before a fiery train derailment in Ohio in 2023, though a Georgia federal judge did adopt the company's suggestion to narrow the class period.

  • September 30, 2026

    Berkshire Units Face Claims Of Bad Faith Over $36M Verdict

    A pair of Berkshire Hathaway insurers acted in bad faith by refusing to settle a personal injury suit within $3 million limits before a jury trial ended in a $36 million verdict against a property owner and its grocery store tenant, the owner told a New York federal court.

  • September 29, 2026

    Social Media Cos., Teens Spar Over Evidence Ahead Of Trials

    Social media companies and teens who allege the companies harmed their mental health sparred in California state court Tuesday over what evidence jurors will hear in an upcoming round of bellwether trials, including whether jurors should hear purported instances of domestic violence in the teens' home lives.

  • September 29, 2026

    Monsanto Starts First Roundup Trial Since High Court Ruling

    A Missouri jury heard opening arguments Tuesday in the first Roundup cancer trial since the U.S. Supreme Court weighed in on the matter, with a lawyer for three plaintiffs saying Monsanto minimized decades of ominous testing, ghostwrote scientific papers and engineered a dubious EPA approval.

  • September 29, 2026

    Boeing Can't Avoid Punitives With HQ Move, Passengers Say

    Passengers suing The Boeing Co. over the 2024 blowout of an aircraft door panel told a Washington state court on Monday that the aerospace giant can't escape punitive damages under Illinois law, claiming that corporate decisions made at the company's former Chicago headquarters are to blame for the event.

  • September 29, 2026

    Ga. Court Revives Go-Kart Injury Suit Over Destroyed Video

    A Georgia appellate court on Tuesday revived a suit accusing Andretti Indoor Karting & Games of causing a go-kart rider's injuries, saying the trial court applied the wrong legal standard regarding whether the facility improperly destroyed surveillance video evidence.

  • September 29, 2026

    Blinded Patient Wins $15.1M From Yale Hospital, Attys Say

    An elderly woman who said she was blinded when an antiseptic solution dripped into her eye during brain surgery at Yale New Haven Hospital is owed $15.1 million in damages after prevailing in a Connecticut state court trial, her attorneys announced Tuesday.

  • September 29, 2026

    Ex-U. Of Mich. Coach Says Student's Hacking Suit Falls Short

    Former University of Michigan assistant football coach Matthew Weiss says a civil suit alleging he used his position in the athletic program to access personal photos and videos of thousands of young athletes is time-barred and hinges on expanding cybersecurity laws past precedent.

  • September 29, 2026

    Summer Vacation Rules Save Texas Slip-And-Fall Suit

    A Texas appeals panel on Tuesday revived a woman's slip-and-fall suit, finding the trial court judge abused their discretion by ignoring her attorney's summer vacation designation and dismissing the case with prejudice when he was unprepared at trial.

  • September 29, 2026

    Feds Seek To Dodge Minnesota Evidence-Sharing Suit

    The Trump administration told a D.C. federal judge that Minnesota and Hennepin County litigation cannot compel it to hand over information for investigations into immigration agent shootings that killed two U.S. citizens and wounded a Venezuelan man.

  • September 29, 2026

    NJ Panel Questions Atty's Authority In $600K Injury Settlement

    A New Jersey appellate panel Tuesday vacated a trial court's orders enforcing a $600,000 settlement in a personal injury case, sending the case back for an evidentiary hearing to determine whether counsel for one of the settling defendants had the authority to settle.

  • September 29, 2026

    Prejudice Question Bars Quick End To Negligence Deal Suit

    A Washington federal court said it cannot definitively say whether an insurer must cover a healthcare management company's settlement with a nursing home resident, saying there is a genuine dispute about whether the carrier was prejudiced by its insured's decision to settle an underlying negligence suit without consent.

Expert Analysis

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

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    Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

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    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • Justices' Ruling Alters Playing Field For State Subpoena Suits

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    The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • PacifiCorp Ruling Shows Limits Of Aggregate Wildfire Loss Models

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    An Oregon appeals court's recent decision in James v. PacifiCorp illustrates that in litigation involving multiple wildfires, materially different causation theories, and evidence tied to particular fires and locations, a single undifferentiated damages model is vulnerable to attack, say Paige Van Oosten and Jason Kim at Hunton and Kevin Cahill at FTI Consulting.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • What Durnell Ruling Means For Mo. Roundup Settlement

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    While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

  • Generative AI Is Reshaping The Defense Of Complex Litigation

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    Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams with legal research and drafting, fact witness development, and expert witness strategy, say attorneys at Arnold & Porter.

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