Personal Injury & Medical Malpractice

  • February 13, 2024

    J&J Hid Cancer Risk From Consumers, Fla. Jury Told

    Johnson & Johnson has known for decades that its baby powder contains asbestos and is linked to cancer, a Miami jury was told Tuesday in a suit seeking to hold the company liable for the death of an anesthesiologist who used the talcum powder daily for 50 years.

  • February 13, 2024

    Mass. Attys Welcome New Guardrails On Trial Time Limits

    Massachusetts attorneys largely welcomed a recent decision by the state's high court blessing time limits in certain situations in civil trials, citing the ruling's helpful guidance and limitations that will likely make ticking clocks less common in state courts than their federal counterparts.

  • February 13, 2024

    Cuomo Says Law Firms Won't Comply With Subpoenas

    Former New York Gov. Andrew Cuomo wants to force law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, even as those women accuse Cuomo of "blatantly" weaponizing his taxpayer-funded attorneys to mount a "revenge" campaign through the courts.

  • February 13, 2024

    BMW Settles Defective Crash System Suit

    BMW reached a settlement Monday ending an Atlanta-area woman's lawsuit claiming its series 328i was defectively designed and caused her to be thrown out of the car during a rollover crash, according to court records.

  • February 13, 2024

    Dallas Venue Not Covered For Shooting Death, Insurer Says

    The property owner of a Dallas event space is not owed defense or indemnity for an underlying wrongful death lawsuit, an insurer told a Texas federal court, arguing that negligent inaction by the property owner triggers two exclusions barring coverage.

  • February 13, 2024

    Ky. Alleges Kroger Had 'Outsized' Role In State's Opioid Crisis

    Kentucky Attorney General Russell Coleman accused the Kroger Co. and two subsidiaries of ignoring red flags and suspicious orders as opioids devastated the state, alleging in a new suit the massive grocery and pharmacy chain violated nuisance and consumer protection laws.

  • February 12, 2024

    EPA Scientist Rips Fluoride IQ Links As 'A Lot Of Uncertainty'

    A U.S. Environmental Protection Agency scientist testifying in a California federal bench trial Monday over fluoride's risks criticized studies showing links between fluoride exposure and IQ drops, saying repeatedly there's "a lot of uncertainty" regarding the studies' data and the "evidence is weak."

  • February 12, 2024

    Trailer Owner Covered Under Driver's Policy, 9th Circ. Affirms

    A Berkshire Hathaway unit must cover a trucking company that was sued over a fatal car accident involving one of its trailers, the Ninth Circuit found Monday, affirming a California federal court's finding and saying the company qualifies as an insured under the policy without exception.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    Oil Co. Can't Get New Injury Trial With Video Evidence

    A Texas appeals court declined Friday to let National OilWell Varco LP get a redo in a trial that resulted in a $520,000 injury verdict against it, finding that the trial court was right to exclude video evidence that was disclosed well past the discovery deadline.

  • February 12, 2024

    Pa. Judge Won't Certify Class In Juvenile Facility Abuse Suit

    A Pennsylvania federal judge has declined to certify a proposed class of former residents of juvenile facilities operated by Abraxas Youth and Family Services who claim to have suffered mental, physical or sexual abuse between 2000 and the present, saying "fact-finding mini-trials" would be needed to adequately identify members.

  • February 12, 2024

    Delta Overserved Alcohol To Man Who Killed Wife, Suit Says

    The estate of a woman who died after her intoxicated husband inadvertently hit her with a car is suing Delta Air Lines, claiming the carrier overserved him alcohol on one of its flights, according to a complaint removed to Utah federal court on Friday.

  • February 12, 2024

    State Sen. Says 'Loophole' Still Doesn't Defame Solar Exec

    A Pennsylvania state senator's memorandum over a proposal to close the "Hommrich loophole" in state law that governs private alternative-energy systems was referring to the name of a court case, not the solar energy executive who claimed the memo was defamatory in a revised lawsuit, the senator said in her renewed objections to the suit.

  • February 12, 2024

    Harvard Not Liable For Alleged Morgue Body Part Sales

    A Massachusetts judge ruled Monday that a state law makes Harvard University immune from a dozen lawsuits seeking to hold it liable after a former medical school morgue manager was criminally charged with stealing and selling body parts. 

  • February 12, 2024

    Customer Can Sue Closed Bowling Alley For Slip-And-Fall

    A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.

  • February 12, 2024

    Ex-Flight Attendant Wants JetBlue Sanctioned In Docs Fight

    JetBlue Airways Corp. should be held in contempt of court and sanctioned for failing to turn over documents in a former flight attendant's lawsuit over allegedly toxic fumes that she inhaled on the job, she and her husband have told a Connecticut federal court in a motion to force the airline's compliance with a subpoena.

  • February 12, 2024

    Construction Co. Gets Sanctions Nixed, Death Claims Tossed

    A Michigan appeals court has given a construction company a win in a suit alleging one of its drivers was liable for a man's death in a car accident, finding the trial court went too far in both levying sanctions for failing to preserve evidence and refusing to grant the company summary judgment.

  • February 12, 2024

    Jury's $600K Pit Bull Verdict Lacks Evidence, Calif. Panel Says

    A woman who was attacked by a pair of pit bulls that escaped from a leased residence won't get her piece of a $600,000 jury award from the landlords, as a California appellate panel has ruled that there was insufficient evidence showing that they knew the dogs were dangerous.

  • February 12, 2024

    Geico Says Medical Fraudsters Nabbed $1.1M In Auto Benefits

    Several unlicensed individuals submitted hundreds of fraudulent charges for services provided to Geico-insured car accident victims, the insurer has alleged in New York federal court, claiming it lost more than $1.1 million in the no-fault insurance fraud scheme.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 09, 2024

    Social Media Addiction MDL Gets Date For First Bellwether

    The California federal judge overseeing multidistrict litigation accusing Facebook and other social media platforms of harming young people by purposely making their platforms addictive has set a late 2025 date for the first bellwether trial.

  • February 09, 2024

    Amazon Can Keep Suicide Appeal, Despite Official's Doubts

    A Washington State Supreme Court official said Friday he believed Amazon shouldn't be able to end claims it sold chemicals people used to kill themselves, but would nevertheless allow the e-commerce giant to contest rulings that allowed the suits to proceed.

  • February 09, 2024

    Brown Prof Testifies That Fluoride IQ Studies Have Gaps

    A Brown University epidemiologist testified Friday on behalf of the U.S. Environmental Protection Agency in a bench trial over fluoride's risks Friday that there are data "gaps" in studies linking fluoride exposure to lower IQ, while acknowledging under cross-examination that he hadn't reviewed studies assessing the effects of high-dose fluoride exposure.

  • February 09, 2024

    House Dems Press Army For Data On Ammo Production Deal

    Two House Democrats raised concerns Thursday that the U.S. Army wasn't tracking ammunition produced in a government-owned, contractor-run plant, saying without proper oversight, ammunition in that plant could wind up in the hands of a mass shooter.

  • February 09, 2024

    2 Women Get $24.5M Award In Philly Motel Trafficking Claims

    An arbitrator has awarded $24.5 million to two women forced into prostitution as teenagers at the Philadelphia motel where they were subject to human trafficking, their lawyers said Friday, which the motel's owner will have to pay.

Expert Analysis

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

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    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Working With Emergency Services: Tips For Frontline Attys

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    The best version of a first responder-crisis lawyer relationship involves one where the first responder can trust the attorney enough to give them all the details, knowing they will exercise discretion in how much they release to the public, say Lauren Brogdon at Haynes Boone, Rick Crawford at the Los Angeles Fire Department and Christopher Sapienza at the Yonkers Police Department.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

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    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • It's Time To Prescribe Frameworks For AI-Driven Health Care

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    As health care providers begin to adopt artificial intelligence in clinical settings, new legal and regulatory challenges are emerging, with the critical issue being balancing AI's benefits and innovations in health care while ensuring patient safety and provider accountability, say attorneys at Kirkland.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How Cos. Can Prioritize Accessibility Amid Increase In Suits

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    The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Teach Your Witness About 'Good' And 'Bad' Testimony Words

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    To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

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