Personal Injury & Medical Malpractice

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    Fla. Justices Won't Reconsider Apex Doctrine Rule

    The Florida Supreme Court on Thursday refused a request from the state's attorney general to reconsider part of a decision formally adopting the apex doctrine, which makes it harder for opposing litigants to depose top officials, and extending its application to the private sector.

  • February 08, 2024

    11th Circ. Won't Undo State Farm's Shooting Coverage Loss

    The Eleventh Circuit refused Thursday to hear State Farm's challenge to a lower court decision ordering it to cover an $877,660 judgment for a gas station employee shot on the premises that he obtained against his employers, finding it lacked jurisdiction since the decision wasn't final or immediately appealable.

  • February 08, 2024

    2nd Circ. Appoints Goodwin To Suit Over Fake Pot In NY Jail

    The Second Circuit has revived an incarcerated man's lawsuit seeking damages for his exposure to secondhand smoke from synthetic cannabinoid illicitly smuggled into a jail in Orange County, New York, saying his case has "potential merit," and appointed Goodwin Procter LLP as his counsel.

  • February 08, 2024

    Mass Shooting Survivor Loses $17M Judgment On Appeal

    A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    NYC Police Union Can't 'Veto' NYPD Protest Deal, Judge Says

    A federal judge on Wednesday shot down a bid by New York City's largest police union to block a sweeping reform of police protocols for handling protests, saying the union could not torpedo a settlement that ended a high-profile, sprawling legal case arising out of the 2020 demonstrations against police brutality.

  • February 08, 2024

    Question On Wrongful Death Damages Sent To Ga. Justices

    A Georgia appeals court is kicking an appeal challenging $7.2 million in noneconomic damages in a wrongful death claim to the state's Supreme Court, saying the justices need to decide whether the state's $350,000 cap on such awards applies.

  • February 08, 2024

    NYC Jet Skier's Death Suit Not Covered, Insurer Says

    A jet ski tour company's row with the estate of a customer who died while on a tour does not qualify for defense or indemnity coverage, the company's insurer argued to a New York federal court, asserting that the company's alleged errors and omissions preclude coverage under its policy.

  • February 08, 2024

    Kidde-Fenwal's Ch. 11 Fee Examiner OKs $20.4M For 15 Firms

    The fee examiner appointed in fire-suppression company Kidde-Fenwal's Chapter 11 case has recommended that a Delaware bankruptcy judge approve $20.4 million in pay for 15 firms working on the proceedings, after they agreed to cut their requested compensation by about $333,000.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Live Nation Worker Can Fight $5.5M Disputed Atty Fee

    A New York appeals court on Thursday sustained a breach of contract counterclaim in a suit over $5.5 million in attorney fees against Morelli Law Firm PLLC stemming from a Live Nation event worker's historic $20 million personal injury award.

  • February 08, 2024

    Ex-BigLaw Atty Must Revamp Social Media Defamation Suit

    The social media influencer facing a $150 million defamation lawsuit claiming he misrepresented an ex-Greenberg Traurig LLP attorney's nightmarish divorce can breathe a sigh of relief — for now — as a Florida federal judge tossed the suit Thursday after finding it is "far longer than it needs be," but said most of it can proceed if refiled properly.

  • February 08, 2024

    Conn. Doc Says Website Must Unmask Fake Online Reviewer

    A Connecticut plastic surgeon asked a state court Wednesday to force the operator of website HealthGrades.com to unmask the person who posted an allegedly fake review saying she was "disfigured" by a recent procedure.

  • February 08, 2024

    Appeals Court Revives Suit From Janitor Assaulted By Priest

    A California appeals court reinstated a lawsuit from a janitor for the Archdiocese of Los Angeles who said she was pushed out of her job after being sexually assaulted by a pastor, ruling that a jury should decide whether the pastor's crime created intolerable working conditions.

  • February 08, 2024

    Ex-Billing Manager Says NJ Firm Put Fees Over Clients

    A former billing manager for the New Jersey personal injury firm Brandon J. Broderick Attorney At Law claims she was fired for insisting that the firm's clients receive the most money possible from their settlements, according to a lawsuit filed in New Jersey state court.

  • February 08, 2024

    Seattle Hospital Owes $215K In Mold Suit, Jury Finds

    A Seattle jury awarded $215,000 Thursday to three families whose children were prescribed antifungal treatment after being potentially exposed to toxic mold at Seattle Children's Hospital, concluding a bellwether damages trial and rejecting plaintiffs' request for far more. 

  • February 08, 2024

    Alex Jones Atty Calls Infowars 'Nonsense' In $1.4B Appeal

    Arguing in front of the shooting victims' families and squarely calling his client's broadcasts "nonsense," a lawyer for Alex Jones told the Connecticut Appellate Court on Thursday that $1.44 billion was too high a price for the Infowars website host's claims that the Sandy Hook school massacre was a "hoax."

  • February 08, 2024

    Morgan Lewis Adds Hawkins Parnell Toxic Tort Litigator In LA

    Morgan Lewis & Bockius LLP is expanding its product liability team, bringing in a Hawkins Parnell & Young LLP mass tort trial attorney as a partner in its Los Angeles office.

  • February 07, 2024

    US Tells 9th Circ. Stem Cell Clinic Not Exempt From FDA Rules

    The federal government urged a Ninth Circuit panel Wednesday to revive its bid to stop a clinic from offering experimental stem cell treatments, arguing the clinic's procedures are governed by the Food, Drug and Cosmetic Act because they result in a new product that is marketed as a cure for certain diseases. 

  • February 07, 2024

    Med Mal Case Dropped Before Wash. Justices Decide Blame

    A woman treated for injuries from a car crash has dropped her malpractice lawsuit against a hospital and a doctor, in a case a federal judge sent to the Washington Supreme Court to decide if the hospital could partially blame the patient for her injuries because she was driving while intoxicated.

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

  • February 07, 2024

    Young KC Chiefs Fan's Parents Sue Deadspin For Defamation

    The parents of a 9-year-old Kansas City Chiefs fan who's Native American have hit sports news publication Deadspin with a defamation lawsuit in Delaware state court accusing it of using a photo of their son, wearing a feather headdress and red and black face paint at a game, out of context in order to label the family "bigots" who hate both Black and Native American people.

  • February 07, 2024

    Xcel, Plaintiffs Spar Over Early Details Of Mass Wildfire Suits

    An attorney for Xcel Energy said Wednesday that a proposed trial plan from the nearly 5,000 plaintiffs seeking to hold the utility liable for a 2021 wildfire is "completely unworkable under Colorado law," teeing up a key dispute over how a state court should handle the unwieldy litigation.

Expert Analysis

  • The Likable Witness: Key Traits And Psychological Concepts

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    Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How Attys Can Weather The Next Disaster Litigation Crisis

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    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • The 3 E's Of Limiting Injury Liability For Worker Misconduct

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    The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.

  • Opinion

    Proving Causation Is Key To Fairness And Justice

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    Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • Opinion

    Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

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    Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

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