Personal Injury & Medical Malpractice

  • May 07, 2024

    7th Circ. Ruling Imperils Anonymity In NCAA, Netflix Cases

    Anonymous plaintiffs suing the NCAA and Netflix in separate cases in Indiana federal court must explain why they should be allowed to keep their identities hidden following a recent Seventh Circuit ruling that established "a stringent standard" relating to anonymity, a magistrate judge has ruled.

  • May 07, 2024

    Tennis Org Ordered To Pay $9M For Sexual Abuse Negligence

    The U.S. Tennis Association has been ordered to pay $9 million to tennis pro Kylie McKenzie, who has waged a legal battle against the organization over its failure to shield her from sexual abuse at the hands of her coach at a Florida training center.

  • May 07, 2024

    Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told

    An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.

  • May 06, 2024

    Hospital Hits Back At Kowalskis' Bid For Sanctions

    Johns Hopkins All Children's Hospital urged a Florida court on Friday to reject a sanctions bid by the attorneys for Maya Kowalski — who won a $213 million verdict against the hospital and was the subject of the Netflix documentary "Take Care of Maya" — against the hospital's attorneys, arguing that the request for the court to refer them to the Florida Bar is improper.

  • May 06, 2024

    Sikorsky's Forum Stance In Crash Suit Loses Teeth, Court Told

    A member of the Canadian Armed Forces has decided not to pursue "bystander claims" against Connecticut-based Sikorsky Aircraft Corp. and Lockheed Martin entities over a fatal helicopter crash off the coast of Greece, plaintiffs told a Pennsylvania federal court, noting that the development should pare down a forum dispute plaguing the matter. 

  • May 06, 2024

    Monsanto Says Ruling Undoes $438M School PCB Loss

    Monsanto said Friday that a $438 million judgment in a polychlorinated biphenyls poisoning case at a Washington school should be thrown out, citing a recent state appellate court ruling undoing a $185 million jury verdict in a similar case involving chemical-caused illnesses at the same school campus.

  • May 06, 2024

    Ex-JetBlue Attendant Can't Have Neurological Exam Recorded

    A New York federal judge said Monday that a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes can't have a neurological examination recorded, saying she hadn't established special conditions that would warrant it.

  • May 06, 2024

    Fla. Judge Tosses Suit To Remove Miami Official From Office

    A Florida state court judge on Monday threw out a lawsuit brought by two real estate developers seeking to unseat a Miami commissioner from office over civil rights violations, citing a lack of standing to sue because they aren't residents of the city.

  • May 06, 2024

    Warranty Claims Trimmed From Bone Graft Tuberculosis Suit

    A North Carolina federal judge has thrown out breach of warranty claims against three companies in a suit alleging their bone repair product gave a woman tuberculosis, saying it's subject to a state law blocking warranty liability for services involving human tissue.

  • May 06, 2024

    UChicago Can't Ditch Data Sharing Privacy Claim

    A University of Chicago Medical Center patient accusing the hospital of illegally sharing her and other patients' identifying information with Meta can pursue her claims that the info sharing constitutes a federal wiretap violation, an Illinois federal judge said.

  • May 06, 2024

    5th Circ. Revives Airline Workers' Hearing-Loss Suit

    A pair of flight attendants seeking to hold Boeing liable over hearing loss they suffered due to an aircraft's allegedly faulty smoke alarm have successfully convinced a Fifth Circuit panel to allow them to refile their case, bringing their claims back from the brink almost three years after the appeals court tossed them.

  • May 06, 2024

    Party Co.'s Trackless Train Claims Not Covered, Judge Says

    An underwriter doesn't owe coverage to a Las Vegas-based party rental business for claims stemming from an overturned trackless train at a birthday party, a Nevada federal court has ruled, saying the company failed to maintain its business license at the time of the accident as required by the policy.

  • May 06, 2024

    Rocker Tommy Lee Nixes Helicopter Sex Assault Suit, For Now

    A California judge on Monday dismissed a lawsuit accusing musician Tommy Lee of groping a woman in 2003, finding the claims cannot be carried under a statute that opened a lookback window for sexual assault claims that may otherwise be time-barred, but granted leave to amend the complaint.

  • May 06, 2024

    Convicted Ga. Sheriff Hit With Civil Rights Suit From Detainee

    Former Georgia Sheriff Victor Hill, who was convicted in 2022 of violating his detainees' civil rights by leaving them strapped to a chair for hours at a time, was hit with a federal lawsuit Friday by an alleged victim of Hill's methods who testified against him in his criminal trial.

  • May 06, 2024

    Calif. Doctors Can't Escape Med Mal Atty's Defamation Suit

    A California appeals court has said two California doctors cannot escape a defamation suit over an allegedly defamatory website they created about a malpractice attorney whom they'd had a fee dispute with, denying an anti-SLAPP motion because the language the lawyer identified in his amended complaint was not protected activity.

  • May 06, 2024

    Data Privacy Co. Wants Personal Info Suits In NJ State Court

    Most of the recently moved lawsuits alleging violations of a New Jersey judicial privacy law should be moved back to state court since the plaintiffs and defendants reside in the Garden State, the data privacy company behind the first-of-their-kind cases has told a New Jersey federal judge.

  • May 06, 2024

    Nonprofit Dodges Punitive Damages Over Child's Death

    An Ohio state court jury did not find any malice in Catholic Charities Corp.'s actions before a developmentally disabled 5-year-old, whom one of its former workers allegedly lied about checking on, was found in a shallow grave, meaning the nonprofit does not have to pay punitive damages for the boy's death.

  • May 03, 2024

    Ala. High Court Won't Rethink Decision On Frozen Embryos

    The Alabama Supreme Court on Friday refused to revisit its February decision finding that frozen embryos count as children, a first-of-its-kind decision that has been received as potentially ruinous for in vitro fertilization services in the Yellowhammer State.

  • May 03, 2024

    Harvey Weinstein Denied Win In $1M Fee Fight With Jose Baez

    A New York state judge on Friday denied an early win to Harvey Weinstein in his $1 million fee dispute with criminal defense attorney Jose Baez, saying the incarcerated former media mogul produced nothing but a "self­-serving affidavit" and "haphazard printout" to make his arguments. 

  • May 03, 2024

    6th Circ. Drops Bettors' Appeal Over Doped Derby Horse

    Kentucky Derby gamblers who claimed they had winning bets after officials disqualified the race's lead horse cannot sue Churchill Downs or the horse's Hall of Fame trainer Bob Baffert, the Sixth Circuit ruled, saying courts can't "turn a losing wager into a winning one."

  • May 03, 2024

    Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims

    A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.

  • May 03, 2024

    Outback Looks To Undo $2.5M Verdict In Slip-And-Fall Case

    Outback Steakhouse is seeking to ax a $2.5 million award to a woman who slipped and fell in one of its Garden State restaurants and urged a New Jersey federal judge to grant a new trial, arguing that the trial court erred in finding it committed spoilation of evidence.

  • May 03, 2024

    NJ Court Again Affirms Dismissal Of Suit Over Infant's Death

    A New Jersey appeals court on Friday denied a bid from a couple to reinstate their malpractice suit over the death of their 6-month-old son, saying they failed to show they had substantially complied with the statute of limitations.

  • May 03, 2024

    Chemours Escapes NJ Security Guard's Slip-And-Fall Suit

    A New Jersey security guard who slipped and fell outside a Chemours facility can't sue the chemical manufacturer or the companies it contracted to shovel away snow, a state appeals court has ruled, saying they didn't owe him a duty of care because he ventured out to do his job during an ongoing storm.

  • May 03, 2024

    Amazon Sued For 'Horrific' Burns, Amputation From Foot Bath

    A Pennsylvania man is suing Amazon.com Inc., Intertek USA Inc. and a pair of Chinese companies in federal court, saying he suffered "horrific burns" that led to the amputation of one foot after a foot bath he ordered through the online retailer malfunctioned and overheated.

Expert Analysis

  • Ill. Justices' Ruling Answers Corporate Defamation Questions

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    The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • Considering CGL Defense For Social Media Addiction Claims

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    A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Proactive Strategies Can Reduce Truck Cos.' Accident Liability

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    The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

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