Personal Injury & Medical Malpractice

  • February 20, 2024

    Justices Deny 9/11 Widows' Challenge to Damage Distribution

    The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.

  • February 20, 2024

    Justices Decline Malpractice Dispute Over $6M Settlement

    The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.

  • February 20, 2024

    Los Angeles FBI Head, Girardi-Bought Home's Owner, Retires

    The head of the FBI's Los Angeles office, who owns a valuable house paid for by indicted ex-lawyer Tom Girardi, has retired after nearly a year and a half in the post, the agency said Tuesday.

  • February 20, 2024

    Alec Baldwin Seeks June Trial Date In 'Rust' Shooting

    Alec Baldwin's attorney urged a New Mexico judge Tuesday to set a June trial date for the actor on involuntary manslaughter charges in the shooting death of "Rust" cinematographer Halyna Hutchins.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    NC Panel Reverses Suspension For Atty Accused Of Lying

    A North Carolina personal injury attorney on Tuesday succeeded in reversing a one-year suspension of his license after a state appellate panel ruled the State Bar failed to show he intentionally lied about discussing a fellow attorney's personal life with a client.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 16, 2024

    Atty Convicted Of $5.5M Client Theft Asks 9th Circ. To Vacate

    The prosecution of a former California personal injury attorney sent to jail for 12 years for embezzling as much as $5.5 million in clients' settlement money was riddled with error, and his conviction and sentence should be vacated, his counsel told the Ninth Circuit at a hearing Friday.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Ex-Fox News Staffer Ends Suit Alleging Sex Assault By Ailes

    A former Fox News booking director has dropped her suit accusing the company of inaction when the late executive Roger Ailes allegedly sexually assaulted her, according to a joint stipulation filed in New York state court on Friday.

  • February 16, 2024

    Jimmy Iovine Accuser Ends NY Sex Assault Suit

    An unnamed woman who accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery has dropped her legal claims, according to a Thursday filing in New York state court.

  • February 16, 2024

    Leon Black Accuser Agrees To Drop Assault Claims

    A woman who accused former Apollo Global Management CEO Leon Black of sexually assaulting her during the late Jeffrey Epstein's decadeslong sex trafficking scheme has agreed to drop her claims against the billionaire, although other claims against Epstein's trust co-executors are still pending, according to court documents filed Thursday.

  • February 16, 2024

    Fla. Bills Limiting Toxic Tort Damages Headed To Floor

    Two business-backed bills that could sharply limit the ability of toxic tort victims to recover damages from polluters who violate their permits are poised to hit the floors of both houses of the Florida Legislature, despite concerns that they could embolden polluters and leave certain claimants — like commercial fishing operators — without remedy.

  • February 16, 2024

    Uber Failed To Prevent Driver Sex Assaults, MDL Suit Says

    Uber has known for nearly a decade that its drivers were preying on and sexually assaulting passengers but failed to implement meaningful policies to prevent such crimes, according to a master complaint filed in multidistrict litigation in California federal court.

  • February 16, 2024

    Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid

    The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.

  • February 16, 2024

    Family Of 23-Year-Old Who Died From Ulcer Gets $30M

    A Florida state jury awarded $30 million to the family of a 23-year-old woman who died from an untreated ulcer at a Tampa hospital after finding the two doctors entrusted with her care liable for negligence.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Judge Wary Of Boeing's Bid To Duck Birth Defect Suit

    A Washington state judge pressed Boeing on Friday to explain why it should get a "free pass" in a lawsuit over birth defects allegedly caused by factory workers' chemical exposure, questioning the aerospace giant's argument that it didn't have a duty to workers' future children based on foreseeable harm.

  • February 16, 2024

    Judge Says Athletes' Social Media Held 'Hostage' In NCAA Suit

    Former University of San Francisco baseball players cannot hold their social media messages "hostage" in a lawsuit that accuses the NCAA of enabling the sexual harassment they allegedly endured at the hands of two coaches, an Indiana magistrate judge ruled Thursday.

  • February 16, 2024

    Target, Hoverboard Biz Settle Pa. Fire Deaths For $38.5M

    The parents of two deceased girls, Target and a hoverboard maker entered into a $38.5 million settlement Friday resolving a lawsuit in Pennsylvania federal court over a self-balancing scooter that allegedly shorted out while charging and caused a house fire that claimed the sisters' lives.

  • February 16, 2024

    Lack Of Affidavit Gets NJ Med Mal Death Suit Tossed

    A New Jersey appeals panel on Friday threw out a woman's claims that St. Joseph's Regional Medical Center is responsible for her mother's death, finding she failed to submit an affidavit of merit as required by state law.

  • February 16, 2024

    Split Court Won't Stop Philly Ban On 3D-Printed Gun Parts

    Philadelphia can keep an ordinance banning the 3D printing and assembly of gun parts into so-called "ghost guns," after a split Commonwealth Court of Pennsylvania said Friday that the state law preempting local firearm regulations didn't extend to incomplete firearm components.

  • February 16, 2024

    Camp Lejeune Plaintiffs Seek Appeal Of Jury Trial Denial

    Two plaintiffs suing the federal government over water contamination at Camp Lejeune are asking a North Carolina federal court to allow them to appeal a judges' decision striking their bid for a jury trial, saying the issue is a novel question of law that should be answered sooner rather than later.

Expert Analysis

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

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