Personal Injury & Medical Malpractice

  • March 18, 2024

    NYC Mayor Accused Of Sexually Assaulting Former Colleague

    A woman sued New York City Mayor Eric Adams on Monday under the state's Adult Survivors Act, alleging he demanded quid pro quo sexual favors and sexually assaulted her after she sought career advice from him in 1993.

  • March 18, 2024

    Trump Claims ABC Aired False Info About Rape Accusations

    Former President Donald Trump on Monday lobbed defamation claims at ABC News and one of its hosts, claiming that they knowingly broadcast false and defamatory statements regarding Trump's liability stemming from writer E. Jean Carroll's multiple lawsuits against him.

  • March 18, 2024

    Larry H. Parker, Who Vowed To 'Fight For You' In Ads, Dies

    Los Angeles personal injury and automobile accident lawyer Larry H. Parker, whose television advertisements and billboards vowing to "fight for you" have been a fixture in Southern California for decades, has died at age 75.

  • March 18, 2024

    Gasket Maker That Sued Asbestos Lawyers Faces SC Trial

    A major gasket maker that has previously sued asbestos lawyers for unfairly targeting it went to trial in South Carolina on Monday against claims by a mesothelioma patient's widow that the company skipped necessary safety testing.

  • March 18, 2024

    Doc Production Is 'Not That Hard,' MDL Judge Tells Snap's Atty

    A California magistrate judge laid out incentives Monday to spur depositions and document production in multidistrict litigation over social media's allegedly addictive design, rejecting defense counsel's arguments the incentives are "lopsided," and telling Snap's counsel document production is "not as hard as you're saying it is."

  • March 18, 2024

    Fla. Doc's Patient Info Subpoena Seeks Too Much, Court Says

    A Florida state trial judge shouldn't have approved subpoenas seeking a decade's worth of medical records from a patient who filed a malpractice suit against a doctor and hospital system, an appeals court has ruled, saying the defendants were allowed to cast "too wide a net."

  • March 18, 2024

    How A Car Crash And 20 Years Of Litigation Ended With $25M

    A $25.5 million verdict returned by a Georgia jury for the family of a woman killed in a 2003 taxi crash was the result of decades of litigation perseverance, with more work ahead to help ensure that a similar tragedy does not occur, her family's lawyer told Law360.

  • March 18, 2024

    Trucking Co. Won't Get New Trial For $78M Crash Judgment

    A Detroit judge said on Monday that attorneys for a father and son killed in a 2018 tractor-trailer crash did not commit misconduct by telling a jury about the circumstances leading up to the crash because they were trying to prove damages for the fright the two experienced before they died.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

  • March 18, 2024

    Ga. Surgery Biz's False Claims Penalty Boosted To $5.4M

    A Georgia surgical center and its former head must now pay $5.4 million to end a kickback scheme tied to the indictment of the state's former insurance commissioner, an increase from a previous $3 million penalty that the federal government said the clinic and doctor had shirked.

  • March 18, 2024

    4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court

    The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.

  • March 18, 2024

    Son Of Late Football Player With Brain Condition Sues NCAA

    The son of a former college football player who died in 2018 and was later diagnosed with chronic traumatic encephalopathy sued the NCAA Monday in Indianapolis federal court, accusing it of negligence and wrongful death for knowing about the risks to players' health during the 1960s but ignoring them.

  • March 18, 2024

    Amazon, Bumkins Accused Of Not Flagging 'Superbibs' Chemical

    Amazon and baby products manufacturer Bumkins Finer Baby Products face a lawsuit in California state court alleging they sell DC Comics-themed "Superbibs" meant for feeding infants without warning customers as the law requires that they contain perfluorooctanoic acid, a "forever chemical" that may cause certain cancers and reproductive problems.

  • March 18, 2024

    Tesla Trial To Test Bounds Of Autonomous Cars' Future

    An upcoming California trial seeking to hold Tesla accountable for the death of a driver who had been playing games on his cellphone while his vehicle was in Autopilot may force the auto industry to recalibrate its approach to advanced driver-assistance systems, as developers pushing fully autonomous transportation stare down the threat of new legal landmines, experts say.

  • March 18, 2024

    Apple Beats Most Claims In AirTag Stalking Suit, For Now

    A California federal judge has dismissed the majority of a proposed class action accusing Apple of not doing enough to safeguard its AirTag tracking device from being abused by stalkers, saying that apart from a few negligence and product liability claims under Golden State law, the rest need to be reworked.

  • March 18, 2024

    Colo. Wildfire Plaintiffs Say Xcel Trial Plan Would Sow 'Chaos'

    Nearly 4,000 Colorado property owners suing Xcel Energy over a 2021 wildfire have argued that the utility's proposal to try all of their liability claims together would create a "chaotic and expensive mess" and potentially result in "serial juries" awarding different damages later on.

  • March 18, 2024

    Kimberly-Clark Gets OK For $6M Deal Over Tainted Wipes

    A Texas federal court has granted final approval to a deal worth as much as $17 million — with $3.6 million going to plaintiff attorney fees — that would resolve claims that paper products manufacturer Kimberly-Clark sold flushable wipes contaminated with a bacteria particularly dangerous to those with weak immune systems.

  • March 18, 2024

    Plaintiffs Call For Sanctions Over PFAS MDL Deal Threat

    A proposed class in multidistrict litigation against DuPont and others alleging they contaminated drinking water with PFAS chemicals is urging a South Carolina federal court to sanction attorneys for a California water service, saying they violated court rules in their latest objections to a settlement.

  • March 18, 2024

    Conn. Judge Won't Halt Ex-Yale Student's Case After 'Doxxing'

    A Connecticut federal judge determined Monday that acquitted former Yale University student Saifullah Khan's decision to reveal his onetime sexual assault accuser's name on X, the social media site formerly known as Twitter, isn't fatal to a defamation lawsuit against the woman despite an anonymity order.

  • March 18, 2024

    Major Lindsey Followed Rules In Sex Assault Suit, Judge Says

    A Chicago-based attorney who represents Major Lindsey & Africa LLC in an ex-employee's New York sexual assault suit did not run afoul of court requirements by sending a letter demanding that she drop the claims, a judge held Monday.

  • March 18, 2024

    EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule

    The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.

  • March 18, 2024

    Doctors Keep Win In Suit Over Patient's Drowning Death

    A Georgia appeals court won't revive claims from the parents of a man who died by drowning after he was discharged from an Augusta hospital, saying the death is too far removed from his treatment and discharge, and the court can only speculate as to what led to the death.

  • March 18, 2024

    NJ Official Says Court System Can't Avoid Harassment Suit

    A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.

  • March 18, 2024

    High Court Declines To Review Appeal Of EMT Liability Suit

    The U.S. Supreme Court on Monday declined to take up an appeal of a Tenth Circuit decision finding a group of EMTs had qualified immunity in a suit alleging their failure to secure the neck of a man who'd been injured in a bar fight caused his death.

  • March 15, 2024

    Atlanta Police Taser Trial Ends In Late Night Mistrial

    A four-day Georgia federal trial over allegations that a former Atlanta Police Department officer Tasered a woman while she was handcuffed during a traffic stop ended in a mistrial late Friday night with the trial's eight jurors unable to agree on a verdict.

Expert Analysis

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Opinion

    Insurance Industry Asbestos Reserve Estimates Are Unreliable

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    Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Wildfire Challenges For Utility Investors: Regs And Financing

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    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

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    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    In Hanson v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • Assessing CDC's Revised Guideline On Opioid Prescriptions

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    Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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