Personal Injury & Medical Malpractice

  • March 29, 2024

    Argentine Gunmaker Accused of Hiding Light Trigger Defect

    An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.

  • March 29, 2024

    Strange But True: Product Liability Stories For April Fools'

    Severed digits and fried rodents in food, e-cigarettes shaped like liquor bottles and claims that the advertising for Reese's peanut butter candies dashes consumers' expectations made Law360's list of strange cases for April Fool's.

  • March 29, 2024

    Texas Doc Who Didn't Treat Patient Must Face Med Mal Suit

    A Texas state appellate court has declined to toss a suit accusing an emergency department doctor of negligently supervising a physician assistant who failed to diagnose a woman's stroke symptoms, saying a factual dispute exists regarding whether a physician-patient relationship was formed.

  • March 29, 2024

    Liberty Units Lose $13.3M Motel Murder Coverage Bid

    CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.

  • March 29, 2024

    Trash-Truck Maker Escapes Design Suit Over Worker's Death

    A New Jersey appeals panel has thrown out claims against a garbage-truck maker alleging its defective design resulted in a worker's death when the truck hit a pole, saying the plaintiff's expert offered no support for his opinion that the truck was unsafe in its design.

  • March 29, 2024

    Conn. Surgeon Left Blade In Patient For 5 Years, Suit Says

    A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient's shoulder, a federal lawsuit alleges.

  • March 29, 2024

    Epiq Says Chubb Owes Costs In Clergy Abuse Data Leak Case

    Epiq Corporate Restructuring LLC has sued Chubb-affiliated insurers in Connecticut federal court seeking to be reimbursed for $2.5 million in settlement costs and roughly $1.8 million for its defense of litigation over Epiq's disclosure of sex abuse survivors' names in a Chapter 11 case.

  • March 29, 2024

    'Rust' Movie Armorer Denied New Trial, Remains Jailed

    A New Mexico state judge on Friday rejected "Rust" armorer Hannah Gutierrez-Reed's emergency motion to be released from custody and given a new trial based on what her attorneys argued were erroneous jury instructions leading to her conviction over the on-set shooting death of a cinematographer.

  • March 29, 2024

    Ga. School District Sanctioned Over Missing Records

    A Georgia federal judge ruled Thursday that a school district should be sanctioned for destroying or failing to preserve records surrounding the 2019 suicide of a middle school student when the district knew it would likely be sued by his family.

  • March 28, 2024

    UMG Wants Out Of Diddy Producer's Sex Assault Litigation

    UMG Recordings has asked a New York federal court to free it from a producer's suit claiming he was sexually assaulted and harassed while working on Sean 'Diddy' Combs' latest album, slamming the suit as riddled with "knowingly false allegations" that publicly smear the music company.

  • March 28, 2024

    Fla. Judge Axes Club Owners' Suit 'Intended For The Media'

    A Florida federal judge has dismissed a complaint brought by two Little Havana businessmen against top-level Miami officials over weaponizing city resources against them for supporting a local political candidate, saying the lawsuit appeared to be "intended for the media" and needs to be refiled without errors.

  • March 28, 2024

    Texas Judge Sanctions Atty For No-Showing At Hearing

    U.S. District Judge Mark Pittman sanctioned an attorney who didn't appear at a show cause hearing, saying Thursday the court has been inundated with smaller cases and if law firms want to remove cases to the Fort Worth division of the Northern District of Texas they need to follow local rules.

  • March 28, 2024

    Red Roof Inns Must Face Ohio Sex Trafficking Suits

    Red Roof Inns Inc. can't escape nine lawsuits over its purported role in sex trafficking, an Ohio federal judge ruled Thursday, saying the anonymous victims met pleading standards to allege the hotel chain knowingly made money through their victimization.

  • March 28, 2024

    Judge Grants Request To Halt Camden Diocese Ch. 11 Plan

    A New Jersey bankruptcy judge agreed Thursday to freeze the implementation of the Roman Catholic Diocese's Chapter 11 plan, saying he does not want any action of the diocese to try and moot an appeal by insurance carriers.

  • March 28, 2024

    University May Have Pried Too Deeply About Vet's Service Dog

    A Colorado state appeals court on Thursday rejected a university's argument that it could ask for additional documentation and details regarding a veteran's disability and his dog's training when it had "legitimate suspicions" about his dog not being a service animal, with the panel finding that argument outdated and inconsistent with Americans with Disabilities Act nondiscrimination regulations.

  • March 28, 2024

    Delta Allowed In-Flight Sexual Assault, Passenger Alleges

    Delta Air Lines failed in March to protect a passenger from her seatmate, an off-duty airline employee who has since pled guilty to groping her while she slept, according to a Thursday complaint in Washington state court that alleges flight attendants served the assailant alcohol after he was obviously drunk.

  • March 28, 2024

    Ga. Airbnb Owner Must Face Suit Over Off-Property Injury

    A woman who was injured by a falling limb outside an Airbnb in Savannah, Georgia, has had part of her suit revived by a state appeals court, which found that the rental owner could be liable for the injury because it occurred on an "approach" to his property though not directly on it.

  • March 28, 2024

    Meta Says Speech Immunity Dooms Instagram Addiction Case

    Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.

  • March 28, 2024

    FDA Warns 61 Stores Over Illegal Vape Sales

    The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.

  • March 28, 2024

    Texas Airbnb Host Says Suit Over Fatal Blast In Wrong Venue

    The Texas owner of an Airbnb rental unit in Jamaica where a gas stove exploded, causing fatal injuries to a Connecticut woman, says she cannot be sued where the victim lived, arguing that she never targeted the online listing for the property to anyone in Connecticut and that the federal court there lacks jurisdiction over her as a resident of Texas.

  • March 28, 2024

    Spokeo Accused Of Flouting NJ Judicial Protection Law

    Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.

  • March 28, 2024

    Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires

    An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.

  • March 28, 2024

    NYC Firm Hit With $2.3M Suit Over Botched 9/11 Claim

    The family of a former Cantor Fitzgerald partner killed in the 9/11 attacks sued a personal injury boutique firm in New York state court over claims it botched their chance at recovering more than $2 million from a federal compensation fund.

  • March 28, 2024

    Trucking Co. Can't Undo $20M Verdict In Crash Death Suit

    A Missouri appeals court won't let Great Plains Trucking Inc. upend a $20 million verdict against it in a wrongful death suit, finding the trial court didn't abuse its discretion by excluding testimony about a plaintiff's cannabis usage or allowing the mother and father of the deceased to use separate counsel at trial.

  • March 28, 2024

    Ex-BigLaw Atty Calls For Injunction Amid Online Harassment

    A former Greenberg Traurig LLP patent attorney locked in litigation in Florida federal court with a social media influencer over claims the influencer mounted a campaign to get him fired and destroyed his reputation reiterated his request for a cyberstalking injunction Thursday as he detailed disturbing recent instances of online harassment he has received.

Expert Analysis

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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