Personal Injury & Medical Malpractice

  • April 23, 2024

    Calif. Fertility Clinic Implanted Dead Embryos, Couples Say

    An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.

  • April 23, 2024

    Monsanto Judge Slashes $857M PCB Jury Verdict

    A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.

  • April 23, 2024

    Houston Firm Sues Client For Fees In Explosion Settlement

    The Daspit Law Firm PLLC is taking a former client to court in order to recoup money allegedly owed from a settlement to a personal injury lawsuit stemming from a chemical plant fire almost six years ago.

  • April 23, 2024

    BNSF Says Zurich Should Pay For Defense In Asbestos Cases

    BNSF asked a Texas appeals court Tuesday to consider hundreds of asbestos exposures in Libby, Montana, as separate occurrences to trigger an insurance policy provision, saying during oral arguments that Zurich American Insurance Co. needed to cough up defense costs in cases relating to the exposures.

  • April 23, 2024

    US Gun Cos. Tell Justices Mexico Is Circumventing Law With Suit

    A group of American firearm makers is asking the Supreme Court to throw out a suit from the government of Mexico alleging they have aided and abetted cartels, saying the First Circuit broke with the high court's precedent by allowing the case to proceed.

  • April 23, 2024

    Vince McMahon Says Deal With Accuser Sinks Abuse Suit

    A former World Wrestling Entertainment Inc. legal staffer who has accused founder Vince McMahon of sexually abusing and trafficking her should be forced to take her federal lawsuit to arbitration because of a deal the parties signed when they ended a consensual affair, McMahon said Tuesday in a court filing.

  • April 23, 2024

    $12M Chicago Toxic Demolition Settlement Receives Final OK

    An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • April 23, 2024

    Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements

    A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.

  • April 23, 2024

    Doctor Renews $20M Claim His Hospital Made Up 25 Murders

    An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.

  • April 23, 2024

    Juvenile Facility Abuse Suits Will Move To State Court

    A trio of plaintiffs who were denied class certification for their civil rights claims against Abraxas Youth and Family Services have agreed to withdraw their federal suit against the juvenile facility operator with an eye toward refiling their remaining claims in state court.

  • April 23, 2024

    Nonprofit Hit With $960K Verdict In Ohio Child Death Case

    An Ohio jury on Tuesday decided Catholic Charities Corp. must pay $960,000 to a woman who accused it of reckless negligence for failing to supervise an employee who allegedly lied about checking in on her 5-year-old nephew for months before he was found in a shallow grave.

  • April 23, 2024

    Expert Doc's License Probation Upends $6.5M Med Mal Verdict

    An Ohio state appeals panel has vacated a $6.5 million verdict in a medical malpractice trial by a son alleging a doctor and hospital are responsible for his mother contracting deadly pneumonia, saying the trial court should have allowed the defense to cross-examine the plaintiff's expert on a prior probation of his medical license.

  • April 23, 2024

    Baltimore Sues Owners Of Ship That Crashed Into Key Bridge

    Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.

  • April 23, 2024

    Insurer Wants Out Of Skate Rink Rape Suit Coverage

    A Selective Insurance Group affiliate on Monday asked a Georgia federal court to find it has no duty to defend an Atlanta-area skate rink where an employee allegedly kidnapped and raped an unaccompanied child in the aftermath of a shooting last year.

  • April 23, 2024

    NY Panel Partially Revives Chubb, Archdiocese Abuse Row

    A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.

  • April 23, 2024

    Denver Wants Law Firm To Turn Over Docs For Fraud Probe

    Fraud investigators for Denver Human Services have asked a state judge to force personal injury firm Ramos Law to provide employment records for one of the firm's case managers, saying the law firm has not yet provided records in response to subpoenas.

  • April 23, 2024

    New York Jets, Player Sued Over New Jersey Car Crash

    A New Jersey man who was seriously injured in 2022 when his car was run off the road by a car driven by New York Jets cornerback Brandin Echols has sued the player and the team in New Jersey state court for negligence, assault by auto and violation of his civil rights.

  • April 23, 2024

    Boies Schiller Attys For Epstein Victims Beat Sanctions Bid

    A New York federal judge on Tuesday evening rejected a request by associates of Jeffrey Epstein to sanction Boies Schiller Flexner LLP's chair and a co-managing partner, while also denying the Boies Schiller attorneys' subsequent motion to sanction the Epstein associates' counsel.

  • April 23, 2024

    Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told

    A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.

  • April 23, 2024

    DOJ Unveils $139M Deal For Larry Nassar Victims

    The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.

  • April 22, 2024

    Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims

    Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.

  • April 22, 2024

    T-Mobile Can't Dodge Stolen Nude Photos Suit

    T-Mobile can't dodge most of a suit seeking to hold the mobile behemoth liable for allegations that one of its employees stole nude photos from a customer's phone, which she turned in as part of a trade-in offer, a Washington federal court has ruled.

  • April 22, 2024

    Colo. Justices Clarify Med Mal Damages Cap Calculation

    The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.

  • April 22, 2024

    Los Angeles Sues 3M, DuPont Over 'Forever Chemicals'

    The city of Los Angeles is the latest to sue 3M, DuPont and other chemical companies over contamination caused by "forever chemicals," saying the substances from firefighting foam leech into the environment and that the companies "should pay to help clean up the mess that they created."

  • April 22, 2024

    Jury Hears Of Torture As Abu Ghraib Contractor Trial Wraps

    After six days of trial and three hours of deliberation, the jury for a suit accusing military contractor CACI International of conspiring to commit torture at the Abu Ghraib military prison in Iraq recessed without a verdict Monday.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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