Personal Injury & Medical Malpractice

  • September 24, 2025

    Ga. Panel Reverses Early Win In Ambulance-Mower Crash

    A Georgia appellate panel revived a negligence claim Wednesday from a man who said he was hit by a speeding ambulance while crossing a road in his lawn mower, rejecting a trial court's finding that there was "no evidence" the ambulance driver was at fault.

  • September 24, 2025

    Gunmakers Ask 2nd Circ. For Another Chance At Liability Law

    The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.

  • September 24, 2025

    9th Circ. Says Insurer's Removal Effort Was Reasonable

    An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.

  • September 24, 2025

    Binance Founder Not Properly Served In Terror Case: Judge

    Victims of the October 2023 attack in Israel suing Binance for allegedly abetting the attack have been denied permission to serve the cryptocurrency exchange's founder by alternative means, after a D.C. federal judge ruled that their "relatively minimal effort" to serve him via conventional means wasn't enough.

  • September 24, 2025

    Pharmacies Labeled As Gatekeepers In Fla. Opioid Trial

    A medical doctor who testified Wednesday in a Florida state court trial against Walgreens, Walmart and CVS over their alleged conspiracy to push addictive painkiller drugs characterized their pharmacists as gatekeepers in dispensing the medications, saying they had the ability to break the pharmaceutical companies' ability to make money off the opioid epidemic.

  • September 24, 2025

    Bank Says It's Being Blocked From Settlement Fund Market

    Flatirons Bank has sued Eastern Point Trust Co. in Wyoming federal court for allegedly blocking competition in the market for qualified settlement fund services by threatening baseless litigation and falsely claiming that Flatirons' platform copies its own offering.

  • September 24, 2025

    Calif. Panel Won't Upend $1M Motorcycle Crash Verdict

    A California appeals panel won't order a new trial or disturb a $1 million verdict awarded to a man who fractured his pelvis and arm in a motorcycle accident, with the justices rejecting the other driver's arguments that evidence was wrongly excluded from the trial.

  • September 24, 2025

    Sen. Questions FAA's Proposed $3M Boeing Safety Fine

    U.S. Sen. Richard Blumenthal is seeking answers from the Federal Aviation Administration on the calculations behind a proposed fine of $3.1 million against Boeing for safety violations that led to last year's Alaska Airlines door plug incident, and has told the agency the penalty would amount to a "rounding error" for the aerospace giant.

  • September 24, 2025

    Woman Must Arbitrate Suit Against Verizon Over Stalker

    A North Carolina federal judge has sent to arbitration a woman's suit against Verizon Communications Inc. alleging it handed her personal information over to her stalker, saying her claims against the company are not subject to a federal law precluding arbitration for sexual harassment claims.

  • September 24, 2025

    American Airlines, US Gov't Sued Over Potomac Crash

    A new wrongful death complaint brought by the wife of an American Eagle Flight 5342 victim names both American Airlines and the United States government as liable in the "wholly avoidable tragedy" that killed 67 people on the Potomac River in January.

  • September 24, 2025

    Firm Sues For $1.7M Fees In Texas Mass Shooting Case

    A Texas law firm is stepping up its litigation efforts to recover $1.7 million in fees it claims it is owed for work performed on behalf of victims of a 2017 mass shooting at a church in Sutherland Springs, namely by filing its third lawsuit in state court this month.

  • September 24, 2025

    Primary Carrier Failed To Settle Before $3M Verdict, Suit Says

    A Berkshire Hathaway unit serving as primary insurer for a commercial property owner failed to adequately defend the owner in a worker injury lawsuit, exposing both the owner and its tenant to a $3 million jury verdict, an excess insurer told a Florida federal court.

  • September 24, 2025

    SharkNinja Gets Expert, Suit Alleging Blender Injury Tossed

    A Colorado federal judge has given SharkNinja Operating LLC a win in a suit alleging one of its blenders spilled hot contents onto a woman because of a design defect, finding her expert's opinions were unreliable and inadmissible.

  • September 23, 2025

    OTC Drug Co. Must Face Shampoo Cancer Risk Class Action

    A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.

  • September 23, 2025

    Uber Asks Judge To Look Into Leak Of Sealed Records To NYT

    Uber has asked a San Francisco judge to order the lawyers in coordinated sexual assault litigation in California state court involving hundreds of accusers to officially state they have no knowledge about how sealed, confidential information protected under the court's order was handed over to The New York Times.

  • September 23, 2025

    Fla. Panel Upholds Verdict For Insurer In Bad Faith Dispute

    A Florida state appeals court affirmed the verdict in favor of an insurance company in a widow's lawsuit alleging its conduct following her husband's death led to a $13.5 million excess judgment, saying a jury was given proper instructions. 

  • September 23, 2025

    Engineering Firm Calls Post-Bridge Collapse Docs Privileged

    Documents and emails produced by an engineering firm after the collapse of Pittsburgh's Fern Hollow Bridge in 2022 but before the firm was named in lawsuits were still privileged, the engineers' attorney told a Pennsylvania judge on Tuesday.

  • September 23, 2025

    Ga. Motel To Pay $5M To Settle Sex Trafficking Claims

    An Atlanta-area Days Inn by Wyndham has reached a $5 million deal with two women who said they were sexually trafficked at the establishment when they were both 14 years old, their attorneys said Tuesday, making it the latest Georgia motel to settle claims that it turned a blind eye to underage prostitution on its premises.

  • September 23, 2025

    New Illinois Law Opens The Door To More Toxic Tort Litigation

    A new Illinois law expanding the state's jurisdictional reach in toxic tort cases has drawn mixed reactions from attorneys, with some praising the law as an added accountability measure for toxic exposure and others decrying it as an open invitation for forum shopping that could clog the state's dockets.

  • September 23, 2025

    Mich. Panel Says Driver's Food Delivery Work Voids Coverage

    A Progressive Insurance unit was entitled to rescind an auto policy it issued to a woman seeking coverage for an August 2021 accident since she falsely declared in her insurance application that she didn't work for a food delivery service, a Michigan state appeals court ruled.

  • September 23, 2025

    Feds, Military Officers Support Contractor In Vet Injury Suit

    The U.S. government and senior military officers urged the U.S. Supreme Court to reject a veteran's attempt to revive state-based injury claims against a defense contractor, warning that doing so would disrupt military effectiveness and intrude into federal authority.

  • September 23, 2025

    1st Circ. Revives Fired Airport Worker's Retaliation Suit

    A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.

  • September 23, 2025

    Insurer Can Seek Reimbursement For $1M PIP Payments

    A Michigan appellate panel on Monday affirmed a $1 million judgment for Farmers Insurance Exchange, finding it had the right to pursue reimbursement from another insurer after paying no-fault personal protection insurance benefits to an injured driver through a state-run claims program.

  • September 23, 2025

    Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told

    The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.

  • September 23, 2025

    No Early Out For NY Firm In Insurer's Malpractice Coverage Suit

    A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.

Expert Analysis

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Opinion

    Small-Plane Black Box Mandate Would Aid Probes, Lawsuits

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    Given climbing fatality rates from small-plane and helicopter crashes, and the evidentiary significance of cockpit voice recordings in litigation and investigations, the Federal Aviation Administration should mandate black boxes in smaller aircraft, despite likely judicial challenges over privacy and cost-benefit calculations, says Jeff Korek at Gersowitz Libo.

  • NY Ruling Eases Admission Of Medical Record Evidence

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    A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Opinion

    $40M Award Shows Hospitality Cos. Can't Ignore Trafficking

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    A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • Ruling Offers Insurers A Path To Settle Sans Insured Consent

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    A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

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