Personal Injury & Medical Malpractice

  • April 10, 2025

    Whole Foods Sues CBL, Transformco Over Asbestos In Store

    Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.

  • April 10, 2025

    Ex-EBay Execs Want To Question Key Stalking Case Witness

    Three former eBay executives facing claims they helped direct a campaign to harass bloggers critical of the company have told a Massachusetts federal judge they want to question a key witness about his past role as an undercover government agent.

  • April 10, 2025

    Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid

    The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.

  • April 10, 2025

    Insurer Denies $3M Legal Fees After Worker Death Settlement

    An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.

  • April 10, 2025

    Mich. Justices Mull Hospital's Liability For Contract Doc's Acts

    The Michigan Supreme Court on Thursday weighed a Corewell Health hospital's possible vicarious liability for independent physicians practicing within the hospital, with one justice pushing back on the idea that liability would be limited to emergency rooms.

  • April 10, 2025

    Purdue Cleared To Start Ch. 11 Claims Processing Early

    A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.

  • April 09, 2025

    Fla. Investigator Sued Over Tossed Insurance Fraud Cases

    A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution. 

  • April 09, 2025

    Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says

    A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.

  • April 09, 2025

    Texas Bill 'Penalizes' Sex Assault Victims, Atty Warns

    A bill floated by Texas state lawmakers that would cap certain damages in personal injury lawsuits would prove devastating to sexual assault victims as it "penalizes" those who try to move on with their lives, according to an attorney who specializes in such cases.

  • April 09, 2025

    Wigdor Can Drop Client But Must Face Black's Sanctions Bid

    A Manhattan federal judge on Wednesday allowed Wigdor LLP to withdraw as counsel for a Jane Doe plaintiff in a sexual assault lawsuit against ex-Apollo Global Management CEO Leon Black, but said the firm would remain in the case to face a sanctions motion by the billionaire.

  • April 09, 2025

    Ga. Hospital Faces Suit Over Toddler's Death From Ant Bites

    The parents of a Georgia toddler who allegedly died from an allergic reaction to ant bites have filed a wrongful death lawsuit against Piedmont Healthcare Inc. and others, claiming their daughter died "needlessly because of sub-standard medical care" she received after being rushed to the hospital. 

  • April 09, 2025

    Miami Dolphins Win Arbitration Bid In Crowd Brawl Suit

    A Florida appellate panel on Wednesday sent to arbitration a lawsuit attempting to hold the Miami Dolphins liable for injuries a woman suffered after a fight broke out in the stands, ruling that although the plaintiff did not purchase the tickets, the arbitration clause was still valid.

  • April 09, 2025

    Colo. Justices Uneasy With Presumption For Malicious Claims

    Colorado justices on Wednesday worried about creating an "almost impossible" burden to overcome if they agreed that a broker's failure to get a pretrial win in a professional negligence suit should automatically undercut her malicious prosecution case, with one justice noting that judges can be "gun shy" about not letting juries decide a case.

  • April 09, 2025

    New Coalition Pushes To Fix 'Broken' NJ Judicial Privacy Law

    A group of companies and individuals on Wednesday unveiled a campaign aimed at correcting what they see as misuse of the New Jersey state judicial privacy measure known as Daniel's Law, saying amendments to the law have opened the door to a "money chase" for third parties.

  • April 09, 2025

    Ga. Law Firm Accused Of Botching Suit Against Home Depot

    A former client of a Georgia personal injury law firm has sued it and its lead trial attorney for allegedly mishandling her underlying premises liability suit against Home Depot, including by doing "very little to pursue" her claim for two years.

  • April 09, 2025

    Conn. Justices Won't Review $1.4B Verdict Against Alex Jones

    The Connecticut Supreme Court has denied a bid by bankrupt Infowars host Alex Jones to appeal a judgment awarding more than $1 billion to the families of Sandy Hook Elementary School shooting victims who sued him for defamation.

  • April 09, 2025

    Willkie Atty Says NY Post Leak Cost Him Chance At Millions

    A Connecticut lawyer who tipped off the New York Post to a dispute between his landlord client and a tenant, a Willkie Farr partner, has asked a federal judge to help unravel the partner's claim that he lost a "multimillion-dollar opportunity" to work for Debevoise.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    Jay-Z 'Trying To Punish' Buzbee For Advocacy, Judge Told

    Counsel for personal injury lawyer Tony Buzbee urged a California state judge on Tuesday to shut down Shawn "Jay-Z" Carter's extortion and defamation suit over now-dismissed rape claims, saying the rapper is "a well-funded, powerful figure who's trying to punish lawyers who do what lawyers do."

  • April 08, 2025

    Pa. Justices Probe Limits To Workers' Comp Immunity

    Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.

  • April 08, 2025

    Calif. Panel Wipes Professor's $10M Sex Harassment Verdict

    A California state appeals court on Monday reversed a former professor's $10 million sexual harassment jury verdict due to improper evidence let in by a judge who later made "extreme and bizarre" comments relating to race and was disqualified from the case.

  • April 08, 2025

    NJ Hospital Can Face Claims In Life Support Malpractice Suit

    A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.

  • April 08, 2025

    Northwestern Players Approaching Settlement In Hazing Suits

    A group of Northwestern University football players have reached a provisional settlement with the school over accusations related to alleged hazing that took place within the program over a period of time.

  • April 08, 2025

    Texas Court Upholds Jurisdiction Over Some Asbestos Claims

    A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.

  • April 08, 2025

    Wash. Smoke Shop Settles Exploding Vape Battery Suit

    An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.

Expert Analysis

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    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.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    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.

  • When US Privilege Law Applies To Docs Made Outside The US

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    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.

  • How Texas Bill Would Transform Noneconomic Damages

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    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.

  • Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit

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    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.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    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.

  • California's New AV Law May Steer Policy Nationwide

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    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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