Personal Injury & Medical Malpractice

  • 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.

  • August 07, 2025

    Fox Brands Calif. Gov.'s $787M Defamation Suit 'Spectacle'

    Fox News has asked a Delaware court to toss California Gov. Gavin Newsom's $787 million defamation suit over the network's coverage of his June 6 phone call with President Donald Trump, calling it a "political stunt" and "spectacle" that shouldn't be rewarded.

  • August 07, 2025

    7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial

    The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.

  • August 07, 2025

    2nd Circ. Says Asylum Status Must Be Current For Green Card

    Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.

  • August 07, 2025

    4th Circ. Revives Suit Over Threats To Trans Teen At School

    A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.

  • August 07, 2025

    Teamsters Say Airgas Released Hazardous Gas On Strikers

    Members of a New Jersey-based Teamsters union have sued Airgas, alleging that the company released an unknown hazardous gas on them as they were peacefully picketing outside company facilities in New Jersey and Illinois, with both releases creating a "dense white cloud plume" that enveloped the striking workers.

  • August 07, 2025

    False Light Claims Barred After 1 Year, NJ Justices Rule

    The New Jersey Supreme Court on Thursday held that false light invasion of privacy claims are subject to a one-year statute of limitations, backing a lower court's decision to toss a Garden State man's suit over comments that he dealt drugs to high school students.

  • August 07, 2025

    NJ Panel Restores Infant Death Suit Over Alleged Misdiagnosis

    A New Jersey state appeals court on Thursday revived a medical malpractice lawsuit filed by the parents of a 3-week-old infant who died just hours after being discharged from a hospital, finding the trial court wrongly excluded expert testimony that could support claims of misdiagnosis and improper care by multiple healthcare providers.

  • August 07, 2025

    Fox Rothschild Must Face Litigation Funding Suit, Court Told

    A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.

  • August 07, 2025

    Ex-Knick Slams Madison Square Garden's $1.5M Fee Request

    Charles Oakley slammed Madison Square Garden's bid for $1.5 million in attorney fees stemming from its pursuit of the former New York Knick's deleted text messages in his battery suit against the arena, claiming that only "bad faith" could justify such an "inflated" request.

  • August 07, 2025

    Mich. Agency Can't Shake Suit Over Fights At Psych Hospital

    The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight. 

  • August 07, 2025

    Wawa Beats Injury Suit Appeal Despite Deleted Footage

    The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.

  • August 07, 2025

    Insurer Says Conviction Bars Coverage For Police Injury Suit

    An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.

  • August 06, 2025

    States Urge Justices To Back Med Mal Laws In Federal Court

    Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.

  • August 06, 2025

    Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case

    A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.

Expert Analysis

  • A Cold War-Era History Lesson On Due Process

    Author Photo

    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

    Author Photo

    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

    Author Photo

    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

    Author Photo

    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

    Author Photo

    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

    Author Photo

    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

    Author Photo

    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

    Author Photo

    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Series

    Birding Makes Me A Better Lawyer

    Author Photo

    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

    Author Photo

    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

    Author Photo

    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

    Author Photo

    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

    Author Photo

    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

    Author Photo

    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Risks Of Today's Proffer Agreements May Outweigh Benefits

    Author Photo

    Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here