Personal Injury & Medical Malpractice

  • June 20, 2025

    2nd Purdue Plan Heading For Creditor Vote, Nov. Hearing

    A New York bankruptcy judge Friday set OxyContin maker Purdue Pharma's second try at a bankruptcy plan on course for a November confirmation hearing, clearing the plan disclosure statement to be sent out for a creditor vote.

  • June 20, 2025

    9th Circ. Finds Calif. One-Gun-A-Month Law Unconstitutional

    The Ninth Circuit on Friday struck down California's so-called one-gun-a-month law, finding that it violates the Second Amendment by categorically preventing state residents from buying more than one firearm every 30 days.

  • June 20, 2025

    New Trial Ordered Over $25M Fee Split In Verizon Injury Case

    A New Jersey appellate panel has ordered a new jury trial to decide how to split a $25 million fee award stemming from a $125 million personal injury settlement with Verizon, finding several errors in a previous lower court bench trial.

  • June 20, 2025

    NJ Court Greenlights Beasley Allen Attys In Talc Litigation

    A New Jersey state judge will allow two Beasley Allen Law Firm attorneys to represent a California couple in their suit accusing Johnson & Johnson of selling carcinogenic talc-based baby powder and appear pro hac vice despite the company's vehement opposition.

  • June 20, 2025

    Sig Sauer Aims To Take Down Conn. Atty's Defamation Suit

    Sig Sauer Inc. is asking a Connecticut federal judge to throw out an attorney's suit claiming it defamed him in a March press release as a "grifter" for his legal actions and litigation against the gunmaker.

  • June 20, 2025

    3rd Circ. Deems Immunity Defense Premature For Jailers

    The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.

  • June 20, 2025

    Textron Says NC Biz Certificate Doesn't Signal Jurisdiction

    Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.

  • June 20, 2025

    Supreme Court Affirms Anti-Terror Law

    The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.

  • June 18, 2025

    6th Circ. Vacates Removal, Judge Slams High Court's Ruling

    The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.

  • June 18, 2025

    Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit

    The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.

  • June 18, 2025

    4th Circ. Backs Ban On Handgun Sales To Young Adults

    A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.

  • June 18, 2025

    11th Circ. Gives Longshoreman Another Shot At Crash Suit

    The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.

  • June 18, 2025

    Hong Kong-Based Airline Sued Over Failed Takeoff To LA

    Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.

  • June 18, 2025

    Punitive Damages Allowed In Mother's Hotel Fire Death Suit

    A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.

  • June 18, 2025

    Pa. Injury Atty With 'No Idea Who He Is Suing' Faces Discipline

    A Pennsylvania federal judge reprimanded Simon & Simon attorneys Tuesday for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart without a presuit investigation and adding store managers as a ploy to beat federal jurisdiction, criticizing counsel for racing through courts "wearing blinders" with "no idea who he is suing."

  • June 18, 2025

    Atty Accused Of Forgery, Stealing Client's Settlement

    An attorney and his firm have been accused by a former client in Colorado state court of negotiating a settlement without his knowledge, forging his signature on the deal and keeping the money for himself.

  • June 18, 2025

    Jury Awards $76M To Pipefitter Burned In Kroger Explosion

    A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.

  • June 18, 2025

    Emotional Distress Claims Rejected In OSU Doctor Abuse Suit

    A federal court has ruled that student-athletes suing the Ohio State University after being abused by an athletic team doctor cannot recover emotional distress damages under private Title IX actions.

  • June 18, 2025

    American Airlines Can't Escape In-Flight Sex Assault Suit

    A New Jersey federal judge won't toss a woman's suit against American Airlines Inc. alleging that its negligence resulted in her being sexually assaulted on an overnight flight, finding that the complaint sufficiently states that the alleged attacker's actions could have been noticed by the flight crew.

  • June 18, 2025

    NJ Justices OK Mass Tort For Detention Center Abuse Suits

    The New Jersey Supreme Court has designated more than 100 cases alleging sexual abuse at state-owned and operated juvenile detention facilities as multicounty litigation, according to a notice to the bar published Wednesday.

  • June 18, 2025

    Tarter Krinsky Brings Back Healthcare And Pharmacy Chair

    Tarter Krinsky & Drogin LLP announced on Wednesday the rehiring of its former healthcare and pharmacy law practice chair after a nearly two-year stint as a shareholder with Polsinelli PC's national healthcare group.

  • June 18, 2025

    Atty Loses Final Bid To Appeal Law School Loan Judgment

    A Connecticut lawyer must repay his ex-girlfriend $30,000 to cover loans she cosigned for his law school expenses, with the Connecticut Supreme Court denying his petition for certification to appeal.

  • June 18, 2025

    California Cities Say Enviro Group Destroyed Testing Data

    The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."

  • June 17, 2025

    Split 9th Circ. Wants Review Of Migrant's Mental Competency

    The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.

  • June 17, 2025

    Uber Gets Fatal Crash Suit Sent To Arbitration

    The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.

Expert Analysis

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

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