Personal Injury & Medical Malpractice

  • February 14, 2024

    NJ Town Looks To Stay 'Historic' $393M PFAS Settlement

    A New Jersey town is looking to pause the final approval of a proposed $393 million settlement between the Garden State and the American arm of Belgian chemical company Solvay over "forever chemical" contamination, arguing the state and its outside counsel have ignored the law in order to settle quickly.

  • February 14, 2024

    Ind. Justices Find Eateries Can Be Liable Under Dram Shop Act

    Two restaurant owners could be held liable in a negligence case over a drunken driver who crashed into and killed another man, the Indiana Supreme Court has held, finding the state Dram Shop Act changed common-law liability for businesses that provide alcohol — but did not eliminate it.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Diocese Says Mich. Victims Can't Bring Decades-Old Claims

    The Roman Catholic Diocese of Lansing told the Michigan Supreme Court on Tuesday that a 2018 law extending the statute of limitations for sexual abuse claims doesn't apply retroactively, arguing parties would otherwise be forced to mount "nearly impossible" defenses of decades-old claims.

  • February 14, 2024

    Ohio Doc. Group Not Named Too Late In Neck Injury Suit

    An Ohio state appeals court has revived a woman's claims against Mid-Ohio Physicians LLP and one of its doctors in a suit alleging she fell out of a hospital bed and sustained injuries, saying the trial court was wrong to find that she'd added them to the suit after the statute of limitations had expired.

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

  • February 14, 2024

    'Rust' Armorer, Atty Responsible For Text Leak, Judge Rules

    A New Mexico judge declined Wednesday to dismiss the involuntary manslaughter case against "Rust" film weapons expert Hannah Gutierrez-Reed, finding that she and her attorney are to blame for a leak of their private cellphone communications.

  • February 14, 2024

    South Jersey Agency Must Face Suit Over Fatal Tollbooth Crash

    A New Jersey appeals court on Wednesday declined to let the South Jersey Transportation Authority escape a suit over a fatal car crash at a toll plaza, saying the trial court didn't abuse its discretion by allowing the family to file a late notice of claim after receiving video of the crash.

  • February 14, 2024

    Fisher-Price, Mattel Settle MDL Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel have reached a settlement with a class of consumers who claimed the Rock 'n Play Sleeper was falsely advertised as safe for infants to sleep in despite several deaths related to the product.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 13, 2024

    Philly Judge Must Reconsider Venue For Tooth Implant Suit

    A precedential ruling from the Pennsylvania Superior Court held that a Philadelphia judge improperly ruled that a dental malpractice case alleging a tooth implant damaged a patient's lingual nerve did not belong in the city, saying the judge wrongly put the burden on the plaintiff to show her suit belonged in the city's court system.

  • February 13, 2024

    Fluoride Can Harm Brain, EPA Scientist Says As Trial Wraps

    The government wrapped its defense Tuesday in a California federal bench trial over environmental groups' efforts to ban fluoride in America's drinking water, with the government's final witness acknowledging under cross-examination that fluoride is capable of causing "neurodevelopmental harm."

  • February 13, 2024

    6th Circ. Backs Drugmakers' Early Win In Diabetes Drug MDL

    The Sixth Circuit on Tuesday affirmed an early victory for AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Co. and McKesson Corp. in multidistrict litigation alleging the diabetes drugs they manufacture, Onglyza and Kombiglyze, cause heart failure, holding that a lower court had multiple "good reasons" for finding the plaintiffs' expert's testimony unreliable.

  • February 13, 2024

    Hilton And Franchisee Defeat NC Sex Trafficking Suit

    A North Carolina federal judge on Tuesday threw out a suit by an anonymous accuser who says she was the victim of sex trafficking at a Hampton Inn, finding she did not allege in her complaint any wrongdoing under the Trafficking Victims Protection Reauthorization Act by the hotel's franchisee and its Hilton franchisor.

  • February 13, 2024

    USA Swimming Wants Out Of Suit Over Botched Investigation

    USA Swimming Inc. has said it did not take part in the U.S. Center for SafeSport's investigations into sexual abuse allegations and so it should be let out of a lawsuit accusing it and SafeSport of participating in a campaign to vilify a youth swimmer based on those accusations a school officer later found false.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Ex-Def Jam Exec Sues Russell Simmons Alleging 1990s Rape

    A former executive at Def Jam Recordings accused the label's co-founder, Russell Simmons, in a New York federal lawsuit filed Tuesday of raping her at his Manhattan apartment in the 1990s. 

  • February 13, 2024

    Insurer Can't Toss Claims As Sanctions In Hotel Fire Suit

    A Colorado federal judge has rejected an insurer's request to toss a construction contractor's counterclaims as sanctions for discovery failures in a dispute over a $3 million hotel fire, with the judge finding no problems with a magistrate judge's decision to instead award attorney fees and costs.

  • February 13, 2024

    Wash. Justices Doubtful HR Manager Can't Be Served

    Washington state Supreme Court justices expressed skepticism Tuesday that a nursing home could evade a personal injury lawsuit because its human resources manager was served with the suit, questioning why she didn't fit on the broad list of the types of employees allowed to accept service.

  • February 13, 2024

    Samsung Echoes LG Chem In Vape Battery Arguments

    Samsung told a Houston appellate court Tuesday that it shouldn't be held liable for injuries a man incurred after a lithium-ion battery exploded in his pocket, saying the case fell outside the scope of recent battery explosion cases state courts have been wrangling with, despite making substantially similar arguments to the panel.

  • February 13, 2024

    'Rust' Armorer's Phone Snafu Shows Risks Of Texting Clients

    A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the "Rust" film shooting case raises questions about whether attorneys should text with clients and serves as a cautionary tale for prosecutors and the defense on the importance of protecting privileged communications, experts say.

  • February 13, 2024

    Insurer Wants Security Cos. To Repay Assault Defense

    An insurer said it does not owe coverage to two security service companies facing several lawsuits filed by grocery store customers who claim they were battered by security guards, telling a California federal court that the companies owe it reimbursement because their policies don't cover bodily injuries.

  • February 13, 2024

    Colo. Justice Says Something 'Wrong' With Ski Lift Waivers

    A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.

  • February 13, 2024

    LSD Trip Didn't Cause Quadriplegia, Houston Jury Told

    An attorney for a former high school gymnast who became a quadriplegic after allegedly taking LSD compared the circumstances of the man's injuries to the hypothetical of a juror getting hit by a car on the way to the courthouse as he fought off a bid from an insurance company seeking to avoid paying a $1 million settlement connected to the man's injury.

  • February 13, 2024

    NY Court Refuses To Toss E. Coli Suit Against Salad Chain

    A New York appellate panel on Tuesday refused to toss a suit seeking to hold Chopt Creative Salad Co. LLC liable for a woman's E. coli food poisoning, allegedly due to eating contaminated spinach in a sandwich, saying that she had shown sufficient testimony and tests to go to trial.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

    Author Photo

    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

    Author Photo

    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

    Author Photo

    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

    Author Photo

    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

    Author Photo

    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!