Personal Injury & Medical Malpractice

  • August 07, 2025

    4th Circ. Revives Suit Over Threats To Trans Teen At School

    A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.

  • August 07, 2025

    Teamsters Say Airgas Released Hazardous Gas On Strikers

    Members of a New Jersey-based Teamsters union have sued Airgas, alleging that the company released an unknown hazardous gas on them as they were peacefully picketing outside company facilities in New Jersey and Illinois, with both releases creating a "dense white cloud plume" that enveloped the striking workers.

  • August 07, 2025

    False Light Claims Barred After 1 Year, NJ Justices Rule

    The New Jersey Supreme Court on Thursday held that false light invasion of privacy claims are subject to a one-year statute of limitations, backing a lower court's decision to toss a Garden State man's suit over comments that he dealt drugs to high school students.

  • August 07, 2025

    NJ Panel Restores Infant Death Suit Over Alleged Misdiagnosis

    A New Jersey state appeals court on Thursday revived a medical malpractice lawsuit filed by the parents of a 3-week-old infant who died just hours after being discharged from a hospital, finding the trial court wrongly excluded expert testimony that could support claims of misdiagnosis and improper care by multiple healthcare providers.

  • August 07, 2025

    Fox Rothschild Must Face Litigation Funding Suit, Court Told

    A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.

  • August 07, 2025

    Ex-Knick Slams Madison Square Garden's $1.5M Fee Request

    Charles Oakley slammed Madison Square Garden's bid for $1.5 million in attorney fees stemming from its pursuit of the former New York Knick's deleted text messages in his battery suit against the arena, claiming that only "bad faith" could justify such an "inflated" request.

  • August 07, 2025

    Mich. Agency Can't Shake Suit Over Fights At Psych Hospital

    The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight. 

  • August 07, 2025

    Wawa Beats Injury Suit Appeal Despite Deleted Footage

    The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.

  • August 07, 2025

    Insurer Says Conviction Bars Coverage For Police Injury Suit

    An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.

  • August 06, 2025

    States Urge Justices To Back Med Mal Laws In Federal Court

    Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.

  • August 06, 2025

    Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case

    A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.

  • August 06, 2025

    RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says

    A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.

  • August 06, 2025

    Pa. Panel OKs Doctor's Midtrial Win In Bad Surgery Suit

    A Pennsylvania appellate panel on Wednesday upheld a trial judge's decision to grant a midtrial win to a physician accused of botching a woman's saliva gland removal surgery, saying the plaintiff's liability theory was not supported by the testimony of her medical expert.

  • August 06, 2025

    Archdiocese Seeks Reinsurance Docs In Sex Abuse Row

    The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."

  • August 06, 2025

    Golfer Wants Full 11th Circ. To Take Swing At Defamation Suit

    Pro golfer Patrick Reed urged the full Eleventh Circuit Tuesday to take a second look at his failed defamation suit against a litany of media organizations and figures, arguing that a three-judge panel "abjectly failed" to properly review his complaints after their dismissal by a Florida federal judge.

  • August 06, 2025

    Philly To Pay $3M To Pedestrians Hurt In Police Chase: Attys

    The city of Philadelphia has agreed to pay nearly $3 million to resolve a civil rights lawsuit filed by pedestrians, including a child, who were hit by a police motorcycle engaged in a high-speed pursuit, the plaintiffs' attorneys said Wednesday.

  • August 06, 2025

    Family Says Court Must Face Bias Suit Over Witness Killing

    The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.

  • August 06, 2025

    CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer

    A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.

  • August 06, 2025

    Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL

    A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.

  • August 06, 2025

    Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit

    The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.

  • August 06, 2025

    Meta Says Section 230 Blocks Teen's Nude Photo Suit

    Meta Platforms Inc. and its affiliates are urging a California state court to throw out a teen's claims against it over a partially nude photograph that his classmates shared over Instagram, saying the case involves "quintessential Section 230-protected publishing activity."

  • August 05, 2025

    Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds

    Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.

  • August 05, 2025

    Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits

    The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.

  • August 05, 2025

    OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

    OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

  • August 05, 2025

    Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.

    With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.

Expert Analysis

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Speech Protection Questions In AI Case Raise Liability Risk

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    A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

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