Personal Injury & Medical Malpractice

  • July 01, 2025

    Racist Jury Selection Affords Ala. Death Row Inmate New Trial

    A Black man sentenced to death by the state of Alabama for murdering a sheriff has been granted a new trial by the Eleventh Circuit, which found that the state violated his constitutional right to equal protection by habitually eliminating potential Black jurors from cases like his in a discriminatory manner.

  • July 01, 2025

    9th Circ. Won't Revive Detainee's CIA Torture Suit

    A Washington federal judge was right to dismiss a Guantánamo Bay detainee's tort claims against two psychologists who helped the CIA pioneer so-called enhanced interrogation techniques on him after the Sept. 11, 2001, terrorist attacks, a Ninth Circuit panel ruled.

  • July 01, 2025

    10 States Challenge Asbestos Claim Doc Purge Plans

    Ten states have won Delaware Court of Chancery clearance to submit a friend of the court brief opposing nationwide asbestos claims trust proposals to purge records linked to tens of thousands of exposure cases, adding their views to a suit filed by asbestos litigation defendants.

  • July 01, 2025

    Fla. Court Tosses NY Judge's Defamation Suit In Condo Feud

    A Florida federal judge tossed a defamation suit between a senior federal judge in New York and former members of a condominium board where he owns a unit, saying neither party provided sufficient evidence of their claims stemming from a feud over renovations.

  • July 01, 2025

    Insurer Seeks To Avoid Covering Conn. Cockroach Injury Suit

    A Markel unit insuring a pest management company told a Connecticut federal court it should owe no coverage to a property owner facing a woman's claims that she suffered injuries after a "volume of cockroaches spilled" onto her, arguing the property owner didn't qualify as an insured.

  • July 01, 2025

    NJ Assault Weapon Ban Unconstitutional, 3rd Circ. Told

    Gun advocates told a Third Circuit panel on Wednesday that a Garden State federal court did not go far enough when it overturned the state's ban on AR-15 assault rifles, arguing that the state's ban on a number of other firearms and large capacity magazines should also be overturned.

  • July 01, 2025

    Stockton Rush Estate Seeks To Exit OceanGate Death Suit

    The estate of OceanGate founder Stockton Rush has urged a Washington state court to throw out wrongful death claims brought against the late billionaire on behalf of a French explorer, who also died aboard the Titan submersible during a June 2023 exploration of the Titanic wreckage, contending the lawsuit was filed in the wrong venue.

  • July 01, 2025

    ACLU Wants To Oppose Ex-Yale Student's Defamation Suit

    Saying the issue is too important to sit out, the ACLU's Connecticut litigation arm and other nonprofits have asked a state appeals court's permission to file a friend-of-court brief to support different organizations that filed a rejected amicus brief in a separate case and were sued for defamation.

  • July 01, 2025

    4th Circ. Affirms CVS Win In Vaccine Injury Suit

    CVS Pharmacy can't be held liable for the chronic neurological injuries a woman suffered due to the allegedly improper injection of two vaccines, the Fourth Circuit ruled Tuesday in a published opinion, noting that federal law shields the company for one of the shots, and it's unclear which caused the harm.

  • July 01, 2025

    Venezuelan Oil Co. Fights Asset Garnishment In $217M Award

    Venezuela's state-owned oil company asked a Florida federal court on Tuesday to vacate orders garnishing its assets to satisfy a $217 million judgment over the state-sponsored murder of a lawyer, arguing the company was never served properly and is not an arm of Nicolás Maduro's regime.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Defamation Litigation Roundup: Newsom, Lively, MyPillow

    In this month's defamation litigation roundup, Law360 looks back on a decision in the high-profile fight between Blake Lively and Justin Baldoni, as well as at a jury verdict in a voting machine company executive's case against MyPillow's CEO.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Hurricane Beryl Lawsuits Combined Into MDL

    The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.

  • July 01, 2025

    Hartford Units Avoid Asbestos Settlement Coverage

    Three Hartford units have no duty to cover a brake and clutch manufacturer for an asbestos injury settlement, a New Jersey federal court ruled, finding the company's late notice of the claim doomed its chances at coverage.

  • July 01, 2025

    No New Trial, But $10.5M Ga. MedMal Verdict Could Be Cut

    A Georgia OB-GYN practice that was hit with a $10.5 million verdict over the death of prematurely delivered twins was denied a shot at a new trial Tuesday by the Georgia Court of Appeals, but could get a chance to slash the judgment thanks to a recent Supreme Court of Georgia ruling.

  • July 01, 2025

    Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims

    A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.

  • July 01, 2025

    Judge Rules Gun Ban For Medical Pot Users Constitutional

    A Pennsylvania federal judge ruled Monday that a federal policy barring medical marijuana patients from owning firearms does not violate the Second Amendment, granting the U.S. Department of Justice's motion to dismiss a challenge brought by a state prosecutor and others.

  • July 01, 2025

    Ga. Justices To Review $33M Verdict In Student Crash Death

    The Supreme Court of Georgia has agreed to review a state appellate court's decision that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.

  • July 01, 2025

    Axing Lit Funding Tax Bid Relieves Industry But Fears Remain

    Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.

  • July 01, 2025

    Top Personal Injury, Med Mal News: 2025 Midyear Report

    A U.S. Supreme Court ruling over whether personal injury claims can be brought under a RICO statute and a $7.4 billion settlement reached with the Sackler family and Purdue Pharma are among Law360's top personal injury and medical malpractice cases from the first six months of 2025.

  • July 01, 2025

    WWE Accuser's Firm Beats Default Motion In Defamation Case

    The law firm representing a former World Wrestling Entertainment staffer on sex trafficking and abuse claims has avoided loss by default in a separate but related Connecticut federal lawsuit that alleges the firm and one of its attorneys defamed a celebrity doctor.

  • July 01, 2025

    Sikorsky Inks Settlement In Canadian Military Chopper Deaths

    Sikorky Aircraft Corp. has reached a confidential settlement to resolve claims from the families and estates of six Canadian air force members who died in a 2020 crash off the coast of Greece.

  • July 01, 2025

    Nationwide Launches Coverage Bid For Fatal Crash Suit

    Nationwide Agribusiness Insurance Co. wants an Ohio federal court to order that a Connecticut-based insurer and a transportation company must cover wrongful death claims stemming from a tractor-trailer crash that ultimately killed a pregnant mother's unborn baby.

  • June 30, 2025

    UMG Says Drake Insults Are Just Trash Talk, Not Defamation

    Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.

Expert Analysis

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Combs Case Reveals Key Pretrial Scheduling Strategies

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    The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

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