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Personal Injury & Medical Malpractice
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June 09, 2025
Boeing Investors Want Class Cert. In 737 Max Fraud Suit
Investors suing Boeing over claims that the company harmed them by misrepresenting the 737 Max's safety have urged an Illinois federal judge to certify their proposed class, arguing that the case has common enough allegations and a sufficient damages model to warrant the judge's sign-off.
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June 09, 2025
Colo. Justices Spell Out Burden Of Proof For Gov't Immunity
The Colorado Supreme Court on Monday articulated for the first time the burden of proof required in tort cases against public entities, ruling that a woman's slip-and-fall claims failed to eclipse Jefferson County's immunity under a state law.
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June 09, 2025
Philly Cut From American Airlines Suit After Contrary Takes
The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.
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June 09, 2025
'No Question' DuPont Polluted Delaware River, NJ Court Told
New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.
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June 09, 2025
Doc Says WWE Accuser's Firm Ignored Defamation Suit
A celebrity doctor and his practice are seeking a default win in Connecticut federal court Monday against an allegedly nonresponsive law firm over comments a partner made amid a discovery dispute connected to the sexual abuse case a former World Wrestling Entertainment legal staffer is pursuing against the company and its co-founder.
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June 09, 2025
2nd Circ. Says Ecuadoran Can Be Extradited For Possible Rape
The Second Circuit ruled Monday that a New York federal judge rightly allowed for the extradition of an Ecuadoran man charged with sexual abuse in his home country, rejecting his argument that he hasn't been accused of an extraditable offense.
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June 09, 2025
Southwest Beats Customers' 737 Max Overcharge Suit
A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.
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June 09, 2025
OneTaste Leaders Convicted Of Forced Labor Conspiracy
A federal jury in Brooklyn on Monday convicted the co-founder of sexual wellness company OneTaste and her former deputy of forced labor charges in a case alleging they used psychological and sexual abuse to coerce workers into providing labor and services.
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June 09, 2025
Mich. Justices To Weigh Liability In Senior's Parking Lot Fall
The Michigan Supreme Court will consider an appeal application from a woman who argues that a property management company and a concrete contractor are liable for her injuries from tripping over a trench in the parking lot of her senior living facility.
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June 09, 2025
15 States, DC Sue ATF Over Machine Gun Trigger Turnaround
Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.
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June 09, 2025
Sam's Club Sued Over Botulism Death Linked To Potato Soup
Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.
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June 09, 2025
Man Sues US Open Venue Over Fall, Broken Arm
The United States Golf Association and the nation's oldest golf club were hit with a lawsuit in Massachusetts state court by a man who said he suffered permanent injuries after a fall from a shoddy platform during the 2022 U.S. Open golf tournament.
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June 06, 2025
Fla. Fraud Investigator Faces 3rd Malicious Prosecution Suit
A Florida insurance fraud investigator faces a third federal lawsuit alleging he lied in a report that led to the malicious prosecution of an independent roofing contractor whose charges were later dismissed because prosecutors couldn't substantiate the accusations.
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June 06, 2025
Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal
R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking
Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful
The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
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June 06, 2025
Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea
A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.
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June 06, 2025
4th Circ. Denies Bid To Inflate $300K Insurance Payout
Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the couple's many insurance policies can be stacked.
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June 06, 2025
Other Carrier Must Cover $1.1M Injury Award, Insurer Says
A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.
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June 06, 2025
Seton Hall Suit About Negligence, Not MedMal, Hoopsters Say
Two basketball players suing Seton Hall University with claims their injuries were minimized so they could continue playing told a New Jersey federal judge Thursday that the lawsuit is about gross negligence, not their personal injuries, in a response to a motion for summary judgment.
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June 06, 2025
Goldberg Segalla Adds Toxic Torts Expert In NY
Civil litigation firm Goldberg Segalla LLP has added a trial lawyer who is an expert in complex asbestos litigation, product liability, personal injury and commercial litigation matters to its toxic torts and environmental law group in Garden City, New York.
Expert Analysis
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.