Personal Injury & Medical Malpractice

  • January 26, 2026

    NJ Court Revives UAW's Casino Smoking Law Challenge

    A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.

  • January 26, 2026

    Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say

    The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.

  • January 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.

  • January 23, 2026

    DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.

    A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary. 

  • January 23, 2026

    Paraquat, J&J Talc Litigation Headline Philly's 2026 Mass Torts

    Cases concerning illnesses stemming from the herbicide paraquat and talcum power are kicking off 2026 in Philadelphia's mass tort system, pitting corporate powerhouses like Chevron, Syngenta and Johnson & Johnson against the city's perceived plaintiff-friendly juries.

  • January 23, 2026

    Conn. High Court Snapshot: $13.2M Estate Tax Tops January

    The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.

  • January 23, 2026

    Med Mal Verdict Must Be Offset By Other Deal, Panel Says

    An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.

  • January 23, 2026

    Truckers Can't Lift Calif. Immigrant Driver's License Freeze

    A federal judge rejected a local trucking group's bid to force California to lift its freeze on immigrant truck driver's licenses, saying the Golden State cannot run afoul of federal mandates in a way that would jeopardize highway funding or risk the state's licensing program getting decertified altogether.

  • January 23, 2026

    Cartiva Hid Toe Implant Safety Info, Pa. Woman's Suit Claims

    Cartiva Inc. was sued Thursday in Pennsylvania federal court by a woman who claims that she was injured by a recalled defective toe implant device and that the company has concealed its safety data from regulators and medical providers.

  • January 23, 2026

    High Court's Med Mal Ruling Won't Spark Rise In Suits

    The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.

  • January 23, 2026

    Munich Re Faces Lawsuit Over Reinsurance Dispute

    A Connecticut municipal risk financing agency filed a declaratory action in federal court demanding coverage from Munich Reinsurance America Inc. for negligence litigation set for trial this year concerning the alleged sexual abuse of a former public school student.

  • January 23, 2026

    Ill. High Court Won't Grant Posthumous Innocence Certificate

    The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.

  • January 23, 2026

    Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN

    A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.

  • January 23, 2026

    Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'

    The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.

  • January 23, 2026

    Ohio Panel Says No Expert Needed In Botched Surgery Suit

    An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.

  • January 23, 2026

    Fla. Panel Says Court Properly Denied Acquittal In DUI Death

    A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck. 

  • January 23, 2026

    Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause

    The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.

  • January 23, 2026

    Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says

    A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision. 

  • January 23, 2026

    Iowa Justices Won't Revive Nursing Home COVID Death Suit

    The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.

  • January 23, 2026

    Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion

    Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.

  • January 22, 2026

    TikTok Seals Joint Venture Deal For US Operations

    TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.

  • January 22, 2026

    Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor

    The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.

  • January 22, 2026

    Iran Sued For Alleged Role In Deadly Jordan Drone Attack

    The families of three U.S. soldiers killed in a drone attack orchestrated by alleged terrorists at a military installation in Jordan sued the Islamic Republic of Iran in D.C. federal court on Thursday seeking to recover monetary damages for the deaths of their loved ones.

  • January 22, 2026

    Transportation Cases To Watch In 2026

    Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.

  • January 22, 2026

    6th Circ. Clears 911 Dispatch Of Failure To Stop Murder

    Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."

Expert Analysis

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire

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    In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.

  • Plaintiffs Bar Can Level Up With Strategic Use Of AI

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    As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • Why Civil RICO Claims Are Gaining Traction With Plaintiffs

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    A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

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    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • NY Ruling Eases Admission Of Medical Record Evidence

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    A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Opinion

    $40M Award Shows Hospitality Cos. Can't Ignore Trafficking

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    A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

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