Personal Injury & Medical Malpractice

  • April 17, 2024

    Ga. Justices To Examine 'Actual Malice' In Atty's Libel Case

    The Supreme Court of Georgia has agreed to take up a contentious defamation case, pitting an orthopedic surgeon against a defense attorney known for criticizing "litigation networks" of plaintiffs attorneys and doctors, that could determine how difficult it is to sue attorneys accused of badmouthing third parties to other attorneys.

  • April 16, 2024

    Pro-Israel Fart Sprayer Sues Columbia Univ. Over Suspension

    A Jewish Columbia University student on Tuesday lobbed discrimination claims at the university, which he said unfairly suspended him for spraying non-toxic fart spray at a protest over the Israeli-Palestinian conflict, a move he said was designed to "silence" him for his views.

  • April 16, 2024

    Al Roker Fired Producer For Supporting DEI Policy, Suit Says

    Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.

  • April 16, 2024

    Texas Court OKs Expert Report, Reinstates Patient Death Suit

    A Texas appellate court on Tuesday reinstated a suit accusing a hospital of contributing to the death of a gastric sleeve surgery patient due to malpractice, saying the plaintiffs' medical expert's mandatory report satisfied state guidelines.

  • April 16, 2024

    Mich. Justice Questions Abuse Law's Missing Language

    A Michigan Supreme Court justice on Tuesday challenged an attorney for a victim of a 1990s sexual assault on why the state Legislature didn't explicitly include retroactive language for a 2018 change that allowed survivors of Larry Nassar's abuse scandal more time to bring civil suits, noting that the law was specific in other areas.

  • April 16, 2024

    Freight Co. Can't Escape $15M Verdict In Deckhand Death Suit

    A St. Louis-area mother whose son, a tugboat worker, fell overboard and died, presumably by drowning under a barge, will get to keep a $15 million jury award, a Missouri appeals court ruled Monday, rejecting the company's bid to lower the award to no more than $1.2 million.

  • April 16, 2024

    Amazon Beats Suit After Injured Drivers Bury Medical Details

    Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.

  • April 16, 2024

    Mich. Justices Flag Bias Potential In Lost-Pay Damage Awards

    Michigan Supreme Court justices asked about double-dipping damages and whether implicit bias could skew projections of a child's lifetime earnings as they examined whether to back lost wages awards in wrongful death cases Tuesday.

  • April 16, 2024

    Arms-Maker Gets 70 Years For Torture Under Rarely Used Law

    A Pennsylvania man who owned an Iraqi weapons factory has been sentenced to 70 years in prison after being found guilty of abducting and torturing an employee who threatened to expose an illegal weapons manufacturing scheme, making him the second person convicted under a little-used federal statute.

  • April 16, 2024

    Russell Simmons Says Rape Accuser Already Settled In 1997

    A lawyer for hip-hop mogul and Def Jam Recordings co-founder Russell Simmons told a Manhattan federal judge Tuesday that a 1997 settlement agreement and release bars a former label executive from pursuing her rape claims in court.

  • April 16, 2024

    Absent Proof Of Direct Effect, Pa. Sen. Loses Wastewater Row

    A Pennsylvania state senator lacks individual standing to stop the state Department of Environmental Protection from allowing wastewater discharges into a tributary of the Susquehanna River because she hasn't given enough evidence that potential pollution would directly affect her, a state appeals court ruled Tuesday.

  • April 16, 2024

    Colo. Shooting Case Could Return To State Court, Judge Hints

    A federal judge in Connecticut hinted Tuesday that he might send cases by Colorado mass shooting victims against gunmaker Sturm Ruger & Co. back to state court, noting that only rarely may district court judges hear core state law claims when federal law provides an ingredient in the analysis.

  • April 16, 2024

    Appeals Court Won't Block 3M 'Fishing Expedition' Deposition

    A state appeals court on Tuesday declined to halt a presuit deposition requested by 3M Co. against a Texas attorney to investigate claims that the lawyer was aware of false statements his co-counsel made in a coal-related lung disease suit out of Kentucky.

  • April 16, 2024

    Nursing Home Foot Amputation Suit Sent Back To Trial Court

    An Ohio appeals panel has revived a man's suit alleging an assisted living facility failed to notice his foot ulcer, leading to his foot's eventual amputation, saying the trial court wrongly concluded the facility was not a nursing home under state law and therefore didn't have a duty.

  • April 16, 2024

    Ga. Sheriff's Abuse Conviction Should Stand, 11th Circ. Hints

    An Eleventh Circuit panel on Tuesday appeared wary of dismissing the criminal conviction of Victor Hill, a former Georgia sheriff who was convicted in 2022 of violating the civil rights of detainees by strapping them to a chair for hours at a time.

  • April 16, 2024

    Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

    A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.

  • April 16, 2024

    Smartmatic Settles Election Defamation Suit Against OANN

    Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.

  • April 16, 2024

    Rochester, NY, Diocese's Creditors To Mull Rival Ch. 11 Plans

    A New York bankruptcy judge sent a pair of competing Chapter 11 plans for the Roman Catholic Diocese of Rochester out Tuesday morning for creditor votes, after rejecting previous explanations of the proposals for being unclear about payouts to childhood sexual abuse survivors.

  • April 16, 2024

    Sikorsky Calls Chopper Crash Suit 'Beyond' US Court's Power

    Sikorsky Aircraft Corp. is pushing a Pennsylvania federal judge to toss liability claims brought by the families of six Canadian military personnel who died in one of its helicopters, arguing that the witnesses and evidence for the case are in Canada, "beyond the compulsory process of this court."

  • April 16, 2024

    DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust

    A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.

  • April 15, 2024

    Law Firm Shooting Victim Was 'In Constant Fear,' Family Says

    A woman who was killed in a shooting that also took the life of her husband, prominent Las Vegas personal injury lawyer Dennis Prince, "lived in constant fear for her safety" as she battled her ex-husband for custody of their two young children, her parents said Monday.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    Travis Scott Says He 'Made No Difference' In Woman's Death

    Attorneys for Travis Scott told a Houston judge Monday that the rapper's failure to stop his Astroworld concert the night of a fatal crowd crush was inconsequential to the first victim's case, as she was receiving medical care more than 20 minutes before he was ordered to stop performing.

  • April 15, 2024

    Giuliani Can't Dodge $148M Defamation Verdict, Judge Says

    A D.C. federal judge on Monday refused to disturb a jury verdict directing Rudy Giuliani to pay $148 million to two Georgia election workers whom he falsely accused of committing ballot fraud in the 2020 presidential election, saying the former New York City mayor and Trump ally hasn't offered any reason to modify the jurors' decision or hold a new trial.

  • April 15, 2024

    NJ Appeals Court Tosses Suit Over Painful Dental Implants

    A New Jersey appeals court on Monday tossed a suit accusing an oral surgeon of botching a woman's dental implant surgery, saying that because the treatment took place in Pennsylvania and the surgeon's clinic had few contacts with New Jersey, the Garden State doesn't have jurisdiction.

Expert Analysis

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • AI In The Operating Room: Liability Issues For Device Makers

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    As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How Purdue Pharma High Court Case May Change Bankruptcy

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    The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.

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