Personal Injury & Medical Malpractice

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

  • March 26, 2024

    Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety

    The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.

  • March 26, 2024

    Golf Pro Out Of Bounds In Atty Fee Stay Bid, 11th Circ. Told

    Media companies have urged the Eleventh Circuit to reject pro golfer Patrick Reed's bid to block their award of attorney fees after defeating the player's defamation suit alleging that journalists' criticism of his recruitment to the Saudi-backed LIV Tour hurt his health and career.

  • March 26, 2024

    Ex-Veterans Home Leaders Resolve Landmark COVID-19 Case

    The former leaders of a Massachusetts veterans facility charged in the first pandemic-related criminal neglect case against a nursing home operator resolved the charges Tuesday with separate statements of admission, acknowledging they could be found guilty if they stood trial.

  • March 26, 2024

    Costco Parking Lot Fall Suit Doomed By 2-Inch Rule

    An Illinois federal court has thrown out a woman's trip-and-fall suit against Costco Wholesale Corp., saying the less than 2-inch difference in surface height is not enough of a defect that Costco had a duty to repair it.

  • March 25, 2024

    4th Circ. Sides With Trump Jr. In Ex-Coal CEO's Libel Suit

    A Fourth Circuit panel on Monday upheld Donald Trump Jr.'s win against former coal company CEO and U.S. Senate candidate Don Blankenship's defamation suit, saying there's no evidence Trump Jr. acted with actual malice when he called Blankenship a "felon" — instead of a person convicted of a federal misdemeanor — on social media.

  • March 25, 2024

    Homeland Security Raids Diddy's Homes In LA, Miami

    The U.S. Department of Homeland Security on Monday raided homes owned by Sean "Diddy" Combs in Los Angeles and Miami, according to a statement from DHS as well as news reports.

  • March 25, 2024

    Boeing Called Out For 'Circular' Logic In Love-Triangle Murder

    A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    Ohio Bus Agency Keeps Win In Passenger Injury Suit

    A bus passenger can't pursue a lawsuit against an Ohio transit system on claims she fell and sustained injuries on one of its buses after the driver suddenly hit the brakes, a state appeals court ruled, saying the quick stop was necessary to prevent a crash.

  • March 25, 2024

    Fla. Hospital Can't Avoid Suit Over Unexplained Fractures

    A Florida appeals court has revived a man's claims against a hospital over unexplained fractures he sustained while unconscious and recovering from a drug overdose, saying he can proceed on a theory that the injuries couldn't have happened without negligence.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit

    A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.

  • March 25, 2024

    Tesla, Travelers Settle Wrongful Death Coverage Dispute

    Tesla and a Travelers unit reached an agreement in the parties' dispute over coverage of a wrongful death lawsuit involving a construction worker at a company factory in Austin, shortly after a Texas federal judge declined to strike three of the insurers' defenses.

  • March 25, 2024

    Prior Deal Bars Issues-Only Classes In NCAA Football MDL

    An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Bank Says Immunity In Terrorism Suit Not Issue For Justices

    A Lebanese bank has urged the U.S. Supreme Court not to review a Second Circuit ruling that it could have sovereign immunity over terrorism victims' claims that it funded Hezbollah, saying the appeals court had not offered a final ruling appropriate for review.

  • March 25, 2024

    No Coverage for Pa. ATV Accident, Insurer Says

    Truck Insurance Exchange has told a Pennsylvania state court it should owe no coverage to a policyholder facing a personal injury suit over an all-terrain vehicle accident, saying the policyholder's insurance agent "intentionally" failed to disclose the accident before Truck issued the policy.

  • March 25, 2024

    Mich. Defense Bar Wants To Block Lost-Earnings 'Windfall'

    An organization representing Michigan civil defense attorneys has pushed the state's Supreme Court to hold that a deceased person's future earning capacity cannot be recovered in a wrongful death lawsuit, saying the plaintiffs bar is using a recent decision to double-dip on damages.

  • March 25, 2024

    Boston Settles Police Shooting Suit After Drawing Judge's Ire

    The city of Boston has settled a six-year-old lawsuit filed by the mother of a Black man who was shot and killed by a police officer, after the city's discovery missteps and violation of court orders nearly lost it the case, according to a Monday filing.

  • March 25, 2024

    Boeing CEO To Exit At Year's End Amid 737 Max Crisis

    The Boeing Co. announced Monday that President and CEO Dave Calhoun will exit the company at the end of the year, and the chair of its board will also step down, as the American aerospace giant overhauls its leadership ranks amid an enduring 737 Max crisis.

  • March 25, 2024

    Justices Won't Hear MAGA Hat Teen's Media Defamation Suit

    The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision dismissing a suit against several media companies from a man who says they defamed him with their coverage of his encounter with a Native American activist while he was a teenager wearing a "Make America Great Again" hat.

  • March 22, 2024

    Social Media MDL Jury Issue Put On Hold For Justices' Ruling

    A California federal judge said Friday that she will await the U.S. Supreme Court's anticipated decision in SEC v. Jarkesy before deciding whether states' claims in multidistrict litigation over social media platforms' allegedly addictive design must go to a jury, after the plaintiffs' counsel argued that the case before the high court could implicate tech companies' Seventh Amendment rights.

  • March 22, 2024

    Airbnb Sued Over Conn. Woman's Fatal Burns In Jamaica

    Airbnb has taken to Connecticut federal court to defend against claims that it is financially responsible for an explosion at a Jamaican rental property that caused first-degree burns over 56% of a renter's body, eventually leading to the woman's death in the U.S. two months later.

  • March 22, 2024

    Patient Asks NC Justices To Skip Immunity Review Of Virus Law

    A patient who claims she nearly died from a botched hysterectomy urged the North Carolina Supreme Court to ignore a hospital's bid to expand the immunity healthcare providers can receive under the state's COVID-19 emergency law, arguing the medical providers conflate common law and statutory immunity.

Expert Analysis

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

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    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

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    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.

  • 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.

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