Personal Injury & Medical Malpractice

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    LA Fitness Didn't Stop Patron From Molesting Minor, Suit Says

    LA Fitness has been hit with a $5 million lawsuit accusing it of failing to take action against a "violent and erratic" gym member who sexually assaulted a 14-year-old girl at one of the gym's locations in Miami-Dade County, Florida, two years ago.

  • May 29, 2025

    TikTok Can't Duck NY Suit Over Kids' Mental Health

    TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    Restaurant Liable After Fraudster Steals $475K Settlement

    A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.

  • May 29, 2025

    Colo. Court Says No Immunity For Telecom From Injury Suit

    Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.

  • May 29, 2025

    DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

    The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

  • May 29, 2025

    Home Depot Must Face Trial In Trip-And-Fall Suit

    An Illinois federal judge on Thursday sent to trial a suit accusing Home Depot of causing a woman's trip-and-fall injuries in an outdoor garden center, saying it should be up to a jury to determine whether the fall was foreseeable by the company.

  • May 29, 2025

    Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

    The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

  • May 29, 2025

    Ex-Atty's Death In Colo. Jail Sparks Suit Over Medical Neglect

    The family of a disbarred attorney imprisoned for felony theft sued three members of the medical staff at the prison where he died, alleging in Colorado federal court Wednesday their neglect resulted in Steven Bachar dying from cardiac arrest after he asked for days for proper medical attention.

  • May 29, 2025

    Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President

    Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.

  • May 29, 2025

    Insurer Wants Firm's $2.6M Malpractice Coverage Suit Tossed

    Berkshire unit National Liability & Fire Insurance Co. called on a Georgia federal judge this week to throw out a law firm's claims that it was hung out to dry by its insurers in a malpractice case, arguing the suit is an impermissible attempt to convert a contract dispute into a negligence claim.

  • May 28, 2025

    Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene

    Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.

  • May 28, 2025

    Insurers Get Meta MDL Coverage Fight Kicked Back To Del.

    A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.

  • May 28, 2025

    Justices Told Del. Expert Law Doesn't Apply In Federal Court

    A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.

  • May 28, 2025

    Mich. Top Court Won't Hear Shooting Victim Families' Appeal

    The Michigan Supreme Court on Wednesday said it would not hear appeals from families of students killed or affected by the 2021 Oxford High School shooting, effectively ending their cases alleging the school and its employees were negligent in failing to prevent the killings.

  • May 28, 2025

    Execs Smuggled Billions In Goods To Skirt Duties, Feds Say

    Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.

  • May 28, 2025

    Woman Filed Kidney Failure Suit In Time, NJ Panel Says

    A group of urologists can't escape a woman's malpractice suit accusing them of misdiagnosing her bladder condition and ordering procedures that severely injured her, a New Jersey appeals court has ruled, saying that the statute of limitations on her claims was tolled until she discovered the real problem with her bladder.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

  • May 28, 2025

    Justices Seek SG's Take On Falun Gong Case Against Cisco

    The U.S. Supreme Court has asked the solicitor general to weigh in on an Alien Tort Statute suit revived by the Ninth Circuit and lodged by a class of Falun Gong practitioners alleging that Cisco Systems aided in the Chinese government's crackdown on the religious movement.

  • May 28, 2025

    Liberty Mutual, Travelers Reach Deal In NYU Injury Dispute

    Liberty Mutual and Travelers have reached a settlement in a dispute over coverage for a construction company sued by a New York University employee who was injured when he fell through an unused elevator shaft during a renovation project, according to a notice filed in Connecticut federal court Wednesday.

  • May 28, 2025

    Ex-WWE Exec To Aid Accuser In Suit Against Vince McMahon

    A former World Wrestling Entertainment executive named by a former staffer in a graphic sexual assault and trafficking suit will now cooperate with the staffer against WWE and co-founder Vince McMahon after he was dismissed from the suit Wednesday.

  • May 28, 2025

    Alex Jones Is 'Defending Journalists,' Texas Court Hears

    A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.

  • May 28, 2025

    China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

    A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.

  • May 27, 2025

    OneTaste Co-Founder Tells Jury Of Group's Pressure Tactics

    The co-founder and former chief operating officer of OneTaste on Tuesday testified that he and ex-CEO Nicole Daedone manipulated adherents of the sexual wellness company's teachings and described how psychological pressure was used to keep workers in line, as the trial of its former top executive and the head of sales entered its third week. 

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

    Excerpt from Practical Guidance
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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

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