Personal Injury & Medical Malpractice

  • November 26, 2025

    Up Next At High Court: ISP Liability & State Subpoena Suits

    The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

  • November 26, 2025

    Marshalls Isn't Liable For Shopper's Fall, Calif. Panel Says

    California appellate justices refused to revive a lawsuit by a Marshall's customer who tripped and fell after hitting her ankle on a platform behind her while looking at vases on a shelf, pointing out that the customer admitted she wasn't looking at where she was going when she stepped backward.

  • November 26, 2025

    OpenAI Says ChatGPT Can't Be Blamed For Teen's Suicide

    OpenAI hit back at allegations that its ChatGPT artificial intelligence chatbot aided and abetted a California teen's suicide, saying the boy's misuse of the platform caused his actions, according to documents filed in San Francisco County Superior Court.

  • November 26, 2025

    11th Circ. Says State Farm Doesn't Owe $1M For Shooting

    The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.

  • November 26, 2025

    Disbarred Atty Can't Avoid Judgment In Theft Suit

    A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.

  • November 26, 2025

    Yale Healthcare Workers Lose COVID Vaccine Mandate Suit

    A Connecticut federal judge has again thrown out a complaint brought by several current and former Yale New Haven Health Services Corp. workers, who alleged the healthcare system's COVID-19 vaccine mandate violated their constitutional rights, finding they "have failed to plausibly allege sufficient facts that YNHHS acted under color of state law."

  • November 26, 2025

    Texas Panel Won't Toss Suit Against Houston Over Teen Death

    A Texas appeals court won't free the City of Houston from a suit from the parents of a 17-year-old girl who died after being hit by a train in a city park, finding the parents sufficiently alleged that the city had notice of their claim.

  • November 26, 2025

    Conn. High Court Snapshot: Utilities Fight Regulator's Orders

    Connecticut Supreme Court justices will spend part of their upcoming term wading into battles between utility companies and the agency tasked with regulating them, which could shape state authority on issues from emergency response requirements to contract interpretation.

  • November 26, 2025

    Broward Schools Sue Insurer To Cover Parkland Settlement

    The School Board of Broward County, Florida, was "wrongfully abandoned" after its insurer failed to provide anything beyond $700,000 to cover a $26 million settlement to resolve suits from the 2018 mass shooting at a Parkland high school, the board told a state court.

  • November 26, 2025

    New Orleans Archdiocese Strikes Deal With Bondholders

    The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.

  • November 25, 2025

    11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal

    A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.

  • November 25, 2025

    6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight

    The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.

  • November 25, 2025

    NYC Boutique Hotel Can't Undo $1.6M Sex Assault Verdict

    A New York federal judge has denied a Manhattan boutique hotel's bid to vacate a $1.6 million judgment awarded to a hotel guest who was sexually assaulted by an unlicensed massage therapist in 2018, saying a seven-figure award for pain and suffering was reasonable.

  • November 25, 2025

    Ariz. Court Partially Reinstates Banner Health Death Suit

    An Arizona appellate court has revived a wrongful death suit accusing a Banner Health hospital and a physician of causing a patient's death from drug complications, saying the statute of limitations didn't begin running until the plaintiff received the relevant medical records.

  • November 25, 2025

    2nd Circ. Backs Jury's $3.85M Verdict In Sex Trafficking Case

    A New York jury had enough evidence to hold retired financier Howard Rubin liable for sex trafficking after six women testified that he lured them with promises of money, travel and modeling opportunities and then subjected them to violent, nonconsensual acts, the Second Circuit has ruled in upholding a $3.85 million civil verdict.

  • November 25, 2025

    Texas Woman Says Business Group CEO Assaulted Her

    The founder of a Texas business advocacy group is suing the state's largest business association and its CEO, saying he maneuvered his way to head her group and used his leverage to try to coerce her into a sexual relationship, then assaulted her.

  • November 25, 2025

    Binance Faces New Terror Funding Suit From Oct. 7 Victims

    More than 300 survivors and family members of those harmed in the Oct. 7 attacks on Israel are suing cryptocurrency exchange Binance and its leadership for "knowingly, willfully, and systematically" assisting the groups that planned the attacks by concealing the movement of $1 billion.

  • November 25, 2025

    Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court

    The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.

  • November 25, 2025

    NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights

    The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.

  • November 24, 2025

    Monsanto Must Pay $28M Roundup Award, Calif. Court Says

    A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years.

  • November 24, 2025

    Justices Asked To Curtail Qualified Immunity's Application

    A legal group dedicated to rolling back administrative power is urging the U.S. Supreme Court to take up the National Rifle Association's suit against a New York official for investigating insurance companies that worked with the gun-rights organization, arguing the Second Circuit was wrong when it ruled that the official was entitled to qualified immunity.

  • November 24, 2025

    Calif. Personal Injury Law Firm Sued Over Ransomware Attack

    A former Adamson Ahdoot LLP client lodged a proposed class action in California state court on Friday over a Nov. 3 ransomware attack, alleging the law firm failed to protect his personal information despite touting on its website that it follows industry standards to do so.

  • November 24, 2025

    Prep, Panic & Poise: Inside An Associate's First Oral Argument

    Fraser M. Holmes followed a long professional path to a Texas court's lectern. He'd been a baseball blogger, travel writer and social studies teacher before appellate law beckoned. After years of toil, a milestone moment — his first oral argument — finally arrived, but as justices took the bench, his heart sank: "Oh, my God. I think I've just forgotten my entire argument."

  • November 24, 2025

    Colo. Justices Again Uphold $40M Award In Med Mal Cap Suit

    The Colorado Supreme Court on Monday denied a state hospital's bid for the justices to rehear a couple's medical malpractice damages cap lawsuit over their daughter's care, upholding for a second time a nearly $40 million judgment against the institution.

  • November 24, 2025

    5th Circ. Finds Gun Ban For Pot Users Unconstitutional

    A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.

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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