Personal Injury & Medical Malpractice

  • September 12, 2025

    Entertainment Center Escapes Suit Over 'Freakish' Collision

    A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.

  • September 12, 2025

    1st Circ. Says Cops Partially Immune In Kneeling Case

    Two Massachusetts police officers have qualified immunity for some conduct that allegedly led to a man's death following a wellness check, the First Circuit has ruled.

  • September 12, 2025

    Insurer Says Demolition Co. Can't Pursue Damage Offset

    An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.

  • September 12, 2025

    Ohio Panel Won't OK Sanctions In Casino Assault Suit

    An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.

  • September 11, 2025

    Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'

    A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

    Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

  • September 11, 2025

    Ga. Panel Sends Officer Crash Suit Back For Notice Review

    The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.

  • September 11, 2025

    Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute

    Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.

  • September 11, 2025

    Panel Says $4.5M Wrongful Death Award Lacked Evidence

    A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.

  • September 11, 2025

    Texas Justices Wary Of Letting Developers Out Of $75M Bond

    Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.

  • September 11, 2025

    Roblox, Discord Again Accused Of Ignoring Teen Exploitation

    The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.

  • September 11, 2025

    Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute

    A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.

  • September 11, 2025

    Trump Taps American Airlines Pilot For NTSB

    President Donald Trump has nominated an American Airlines pilot to serve as a member of the National Transportation Safety Board, filling a vacancy on the five-member board that's contending with a series of high-profile accident investigations.

  • September 11, 2025

    Fla. Doc Can Pursue Defamation Claims Against CNN, Cooper

    A Florida appeals court has reversed an order throwing out a pediatric doctor's suit against CNN, Anderson Cooper and reporters for the network, saying a jury should decide whether they defamed him through the use of unadjusted mortality rates at his hospital.

  • September 11, 2025

    2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions

    Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.

  • September 11, 2025

    Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told

    French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.

  • September 11, 2025

    Calif. Panel Frees Walmart From Fatal Big Rig Crash Suit

    A California appeals panel won't revive a woman's claims against Walmart Inc. and one of its suppliers over the death of her daughter in a collision with a delivery truck, finding her claims are preempted by the Federal Aviation Administration Authorization Act.

  • September 10, 2025

    Uber Balanced Safety With Need For Growth, Jurors Told

    Uber's former head of global safety testified Wednesday in a bellwether trial over sexual assault allegations against the ride-hailing giant, telling jurors that during his tenure, Uber worked to balance safety priorities with its corporate growth.

  • September 10, 2025

    Pa. Court Upholds Defense Verdict In Throat Surgery Suit

    The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.

  • September 10, 2025

    Denver Fights $14M Verdict Over Protester Abuse Claims

    A Tenth Circuit panel pressed both sides Wednesday over whether jurors should have heard testimony from an investigator that Denver says unfairly tainted a trial which yielded a nearly $14 million verdict to 12 protesters over clashes with police during the 2020 Black Lives Matter protests in the city.

  • September 10, 2025

    Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims

    A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.

  • September 10, 2025

    Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit

    A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns. 

  • September 10, 2025

    Texas Panel Says Expert Not Qualified In Facelift Suit

    A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.

Expert Analysis

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • 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.

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