Personal Injury & Medical Malpractice

  • August 11, 2025

    11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case

    Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.

  • August 11, 2025

    Philly Cop Not Too Late To Seek Benefits For Mental Health

    A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.

  • August 11, 2025

    Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill

    More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.

  • August 11, 2025

    9th Circ. Says LA Men Have Ammo In Gun Rights Class Action

    The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.

  • August 11, 2025

    Neighbors, Insurers File Suits Over Fatal Pa. Gas Explosion

    The owners or insurers of more than five dozen properties in a Pittsburgh-area housing development have filed lawsuits over a massive natural gas explosion that leveled three houses, killed six people and allegedly caused damage across the neighborhood.

  • August 11, 2025

    4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest

    An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.

  • August 11, 2025

    WWE Accuser Can Get Doctor's Records, But Not Depositions

    The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.

  • August 11, 2025

    Soda Makers Sued Over Banned Brominated Soybean Oil

    A pair of Pennsylvania men are suing the makers of Frostie and Faygo brand sodas in state court, saying the sodas contain brominated soybean oil, which has been banned by federal regulators because it is dangerous to consume.

  • August 11, 2025

    NY Judge Won't Unseal 'Redundant' Maxwell Grand Jury Docs

    A New York federal judge on Monday denied the Trump administration's bid to unseal grand jury transcripts and exhibits in the prosecution of Ghislaine Maxwell, who is appealing a 20-year prison sentence for trafficking teenage girls for sex offender and disgraced financier Jeffrey Epstein, concluding that the materials contain almost nothing new.

  • August 08, 2025

    8th Circ. Revives Floyd Protestor's Arson Case Challenge

    A protester convicted of arson at a Minneapolis pawn shop during 2020 protests over the murder of George Floyd — and where the dead body of another man was later found — will get another shot at vacating his sentence after the Eighth Circuit ruled Friday that a district court miscalculated the deadline to challenge his sentence.

  • August 08, 2025

    Ex-Ga. ICE Doc Ends Slander Suit Against Amazon Podcast

    A former physician at a Georgia immigration detention center has settled his lawsuit against a true crime podcast and its host, alleging they defamed him by claiming he performed forced hysterectomies on detainees.

  • August 08, 2025

    Injured Woman Owes Ex-Attys More Than She Won At Trial

    A Texas appeals court has affirmed a $150,000 arbitration award for a law firm sued over the contingency fees owed by a former client in a personal injury suit that ended in a post-trial settlement of about $130,000, rejecting the woman's bid to invalidate the award.

  • August 08, 2025

    Hospital, Clinic Exit Suit Over Man's Fatal Stabbing

    A California appeals court has refused to revive a woman's suit against a psychiatric hospital and outpatient clinic blaming them for the death of her husband who was stabbed by her mentally ill son, saying the healthcare providers are shielded by a psychotherapist immunity statute.

  • August 08, 2025

    Judge Says Insurer Must Face $100M Biz Interruption Claim

    A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.

  • August 08, 2025

    Fla. Panel Slams 'Unending Demand' In Nursing Home Suit

    A Florida appeals court reinstated an estate's suit against the owners and managers of a nursing home over the lack of treatment of one of its now-deceased residents, chastising the "seemingly unending demand" for detail as the trial court repeatedly called for amendments to the initial complaint.

  • August 08, 2025

    AT&T Faces Suit After Fiber Optic Cable Kills Texas Woman

    The family of a Texas woman who died in May after a low-hanging fiber optic line struck her in the head is suing AT&T and its cable maintenance contractor, claiming that the cable hung below required safety code heights and that the companies failed to follow proper installation procedures.

  • August 08, 2025

    Ga. Court Keeps Insurer's Shooting Coverage Dispute Alive

    A Georgia federal judge refused to grant AMCO Insurance Co. an early win on most claims in its suit asserting it has no duty to defend an Atlanta apartment complex sued by a resident who was struck by bullets while sleeping.

  • August 08, 2025

    Costco Judgment Reversed Over Expert Report Rule Misstep

    The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.

  • August 08, 2025

    Wash. Firm's $1M Cyber Insurance Suit Survives Dismissal

    A Washington federal court rejected a cyber insurer's bid to dismiss a law firm's coverage action alleging it lost more than $1 million in a data breach that also involved spoofed emails, finding the insurer's interpretation of the word "for" was unreasonable, given the structure of the policy.

  • August 08, 2025

    Rite Aid Picks Azend As Buyer Of Pharmacy Assets

    Pharmacy chain Rite Aid has told a New Jersey bankruptcy judge it's selected Med One Pharmacy Inc. as the buyer of drugs in its inventory, customer information, leases and other assets, months after the company transferred millions of prescriptions and dozens of stores to CVS and other businesses in Chapter 11.

  • August 08, 2025

    Transit Cos. Get Woman's $1.7M Tripping Verdict Undone

    A New Jersey appeals panel has vacated a $1.7 million verdict in favor of a woman who sued Delaware River Port Authority and Port Authority Transit Corp. after she tripped and fell at a train station, saying the trial court wrongly permitted an inadmissible lay opinion that tainted the verdict.

  • August 08, 2025

    New Orleans Archdiocese Plan Will Get One Shot In November

    A Louisiana bankruptcy judge on Friday gave the Roman Catholic Archdiocese of New Orleans permission to send its Chapter 11 plan out for a creditor vote and to hold a November confirmation hearing, but warned the parties this was their only chance to put the proposal into effect.

  • August 08, 2025

    Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds

    The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.

  • August 08, 2025

    Pennsylvania Litigation Highlights Of The 1st Half Of 2025

    In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks. 

  • August 08, 2025

    Texas Modernizes Barratry Ban To Include Online Outreach

    Texas, a state with a long history of outlawing prohibited legal services solicitation — known as barratry — has passed a bill updating its penal code to expand the definition of illegal barratry to cover new media, amid a reported rise in digital solicitation, with the amended law set to take effect on Sept. 1.

Expert Analysis

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

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