Personal Injury & Medical Malpractice

  • April 09, 2025

    Willkie Atty Says NY Post Leak Cost Him Chance At Millions

    A Connecticut lawyer who tipped off the New York Post to a dispute between his landlord client and a tenant, a Willkie Farr partner, has asked a federal judge to help unravel the partner's claim that he lost a "multimillion-dollar opportunity" to work for Debevoise.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    Jay-Z 'Trying To Punish' Buzbee For Advocacy, Judge Told

    Counsel for personal injury lawyer Tony Buzbee urged a California state judge on Tuesday to shut down Shawn "Jay-Z" Carter's extortion and defamation suit over now-dismissed rape claims, saying the rapper is "a well-funded, powerful figure who's trying to punish lawyers who do what lawyers do."

  • April 08, 2025

    Pa. Justices Probe Limits To Workers' Comp Immunity

    Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.

  • April 08, 2025

    Calif. Panel Wipes Professor's $10M Sex Harassment Verdict

    A California state appeals court on Monday reversed a former professor's $10 million sexual harassment jury verdict due to improper evidence let in by a judge who later made "extreme and bizarre" comments relating to race and was disqualified from the case.

  • April 08, 2025

    NJ Hospital Can Face Claims In Life Support Malpractice Suit

    A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.

  • April 08, 2025

    Northwestern Players Approaching Settlement In Hazing Suits

    A group of Northwestern University football players have reached a provisional settlement with the school over accusations related to alleged hazing that took place within the program over a period of time.

  • April 08, 2025

    Texas Court Upholds Jurisdiction Over Some Asbestos Claims

    A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.

  • April 08, 2025

    Wash. Smoke Shop Settles Exploding Vape Battery Suit

    An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.

  • April 08, 2025

    Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says

    An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.

  • April 07, 2025

    Judge Who Shot Wife Warned Against Retrial 'Press Tour'

    The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case. 

  • April 07, 2025

    Birth Control Companies Escape Conn. Long-Arm Injury Suits

    Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.

  • April 07, 2025

    NaphCare Hit With $25M Jury Verdict After Ex-Inmate Lost Leg

    A Seattle federal jury has determined NaphCare owes $25 million to a man who claimed his leg had to be partially amputated because the correctional healthcare provider failed to address signs of his declining health after he suffered blood clots while behind bars at a Washington county jail.    

  • April 07, 2025

    WHO Cancer Report May Spark Gasoline Toxic Torts

    A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.

  • April 07, 2025

    Insurer Settles Ga. Motel Shooting Coverage Suit

    StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.

  • April 07, 2025

    Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit

    Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.

  • April 07, 2025

    Judge Ends Mercedes Wheel Suit, 'Wondering' What Defect Is

    Mercedes-Benz USA LLC defeated a putative class action Monday claiming the company used defective wheels that caused customer tire blowouts, as a Georgia federal judge said the "shapelessness" of the suit left him "wondering what defect is even being alleged."

  • April 07, 2025

    AGs Announce $335M Opioid Deal With Mylan

    New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.

  • April 07, 2025

    Twins' Doctor Ducks Penalty In Baseball Player's Death Suit

    A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.

  • April 07, 2025

    Girardi Hearing On Prison Option Pushed To May

    A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.

  • April 07, 2025

    Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict

    An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.

  • April 07, 2025

    Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row

    A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.

  • April 07, 2025

    Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga

    A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.

  • April 07, 2025

    WilmerHale Welcomes Back Ex-Mass. Criminal Chief

    WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.

  • April 07, 2025

    Fla. Prosecutor Accused Of Hiding Exculpatory Evidence

    Defense attorneys representing three men, including former high-profile luxury real estate brokers, want a Florida court to sanction the prosecutor on the case for allegedly failing to produce evidence that would clear them of the sexual assault charges they are facing.

Expert Analysis

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Strategies To Defend Against Healthcare Nuclear Verdicts

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    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Opinion

    US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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