Personal Injury & Medical Malpractice

  • January 27, 2026

    'Assumed Risk' Bars Construction Death Suit, Ga. Panel Says

    A Georgia Court of Appeals panel backed early wins Tuesday for SK Battery America Inc. and its contractors on a Peach State battery plant in a suit over a construction worker's fatal fall on the job, holding that the worker "assumed the risk of his injuries" by not tying himself to a safety line.

  • January 27, 2026

    CBP's Medical Care Oversight Needs Improvement, GAO Says

    A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.

  • January 27, 2026

    Hearsay Evidence OK Amid $2.5M Med Mal Verdict, Panel Says

    A Pennsylvania appeals court on Tuesday affirmed a $2.5 million verdict in a medical malpractice suit accusing a doctor of causing a woman's death from a blood clot in her lungs, saying certain hearsay evidence didn't taint the jury's verdict.

  • January 27, 2026

    Judge Taps Ex-CIA, Corrections Pro To Clean Up NYC's Rikers

     A Manhattan federal judge on Tuesday named a former Vermont corrections commissioner and ex-CIA officer to take the reins of New York City's troubled Rikers Island jail system as a "remediation manager," after yearslong efforts to clamp down on incidents of excessive force against the jail population.

  • January 27, 2026

    Driver Must Repay Trucking Co.'s Insurer $4M For Crash Deal

    A driver must repay a trucking company's insurer the $4 million it paid toward a $10 million settlement of suits stemming from a fatal multivehicle crash, a Georgia federal court ruled Tuesday, finding that the driver and trucking company were joint tortfeasors for purposes of contribution.

  • January 27, 2026

    Steel Plant, Furnace Maker Sued Over Fatal Explosion In Pa.

    A steelworker injured in a fatal explosion last year at the Braeburn Alloy Steel plant outside Pittsburgh has filed a negligence suit against the company that owns the plant, its subsidiaries and a pair of equipment companies, according to a complaint filed in Pennsylvania state court.

  • January 27, 2026

    Ohio Psychiatrist Freed From Patient Wrongful Death Suit

    An Ohio appeals court on Monday declined to reinstate claims against a psychiatrist alleging he misdiagnosed a patient, leading to his death following a standoff with police, finding he has immunity under state law.

  • January 27, 2026

    $1M Payout For Shooting Sought In Bad Faith, Insurer Says

    An insurer for a company that provided security at a North Carolina apartment complex where a resident was fatally shot doubled down on counterclaims that a pair of Allied World insurers withheld critical information leading up to a settlement with the resident's estate.

  • January 27, 2026

    11th Circ. Told Tennis Org. Wasn't Required To Report Abuse

    The U.S. Tennis Association urged the Eleventh Circuit on Tuesday to reverse a $9 million jury award handed to a player who said she was sexually assaulted by her coach, arguing there's no evidence a USTA manager was required to report a prior incident. 

  • January 27, 2026

    Family Members Of Boat Strike Victims Sue Trump Admin

    The family members of two Trinidadian men killed in a U.S. boat strike in the Caribbean Sea sued the federal government in Massachusetts federal court Tuesday, claiming the attack was an unlawful extrajudicial killing.

  • January 27, 2026

    RJ Reynolds Owes Transplant Patient $675K Over Smoking

    A Florida jury awarded $675,000 on Tuesday over a longtime Newports smoker's lung disease and transplant, much less than the $14 million requested by plaintiffs against R.J. Reynolds.

  • January 27, 2026

    11th Circ. May Scuttle Appeal Amid Trafficking Coverage Spat

    An Eleventh Circuit panel suggested Tuesday that procedural hurdles could stymie an insurance company's bid to get out of defending an Atlanta-area motel from sex trafficking claims that led to the motel being hit with a $40 million verdict last summer.

  • January 27, 2026

    Insurer Says No More Coverage For $4M Trafficking Judgment

    An insurer said it owes no additional coverage to a Wyndham hotel franchisee that was ordered to pay the hotel chain over $4 million for settling an underlying sex trafficking suit, telling a Pennsylvania federal court that payment is limited to $100,000.

  • January 27, 2026

    TikTok Cuts Deal As 1st Social Media Bellwether Trial Begins

    TikTok reached an eleventh-hour settlement late Monday in the first bellwether trial over claims that social media harms young users' mental health, cutting the deal days after Snap settled and leaving Meta and YouTube as the sole defendants as jury selection began Tuesday.

  • January 27, 2026

    Reporting Duty Doesn't Nix Whistleblower Status, Court Finds

    Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.

  • January 26, 2026

    Social Media Cos. Fight Uphill To End Schools' Addiction MDL

    A California federal judge appeared skeptical Monday about dismissing school districts' claims that social media companies harmed them by getting their students addicted to their platforms, telling defense counsel that the case poses "classic" factual disputes for a jury, and setting the first bellwether trial in the multidistrict litigation for June 15.

  • January 26, 2026

    RJR Owes Transplant Patient $14M Over Smoking, Jury Told

    A Florida jury heard in closing arguments Monday that R.J. Reynolds should pay $14 million for 14 years of pain and suffering endured by a lung transplant patient who was smoking heavily by the 1970s.

  • January 26, 2026

    Amazon Accused Of Ignoring Nitrous Oxide Health Hazards

    Amazon and nitrous oxide manufacturer Miami Magic took advantage of a "legal loophole" by selling flavored laughing gas products they claimed were for culinary use rather than recreational inhalation, according to a Seattle federal lawsuit from a Georgia man who alleged that his daily use of nitrous oxide caused him serious harm.

  • January 26, 2026

    Colo. High Court Says Xcel's Immunity Bid Went Too Far

    A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.

  • January 26, 2026

    Delta Customers Get Green Light For Tweaked IT Outage Suit

    A federal judge has ruled that Delta Air Lines customers alleging their travel was disrupted by the 2024 CrowdStrike outage can pursue some claims that were previously dismissed, but blocked them from reraising others.

  • January 26, 2026

    Texas Jury Returns $46 Million Verdict Against Stone Supplier

    A Texas jury slapped a stone supplier with a $46 million verdict, finding that a truck driver who ran over and killed a man in DeWitt County in 2019 was driving on behalf of the company at the time of the accident. 

  • January 26, 2026

    3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit

    A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.

  • January 26, 2026

    Chubb Policies May Provide Coverage In Kiwanis Abuse Fight

    A Washington federal court has largely rejected efforts by child sex abuse survivors to broaden coverage for a $21 million settlement resolving claims against a Kiwanis International-affiliated boys foster home, but found that limited coverage may be available under a Chubb unit's policies.

  • January 26, 2026

    Musk's AI Co. Sued Over Explicit, Nonconsensual Deepfakes

    A woman is suing Elon Musk's xAI in California federal court, alleging that it not only failed to implement safeguards against users making sexually explicit deepfakes of women without their permission but has also openly advertised and monetized it as a feature.

  • January 26, 2026

    Helmet Co. Says AIG Unit Must Defend It From Defect Claims

    Lexington Insurance Co. ignored a helmet designer's repeated requests for coverage in a lawsuit alleging that product defects caused a helmet to come off a motorcycle rider's head during a collision, the manufacturer told a California federal court.

Expert Analysis

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • Tesla Verdict May Set New Liability Benchmarks For AV Suits

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    The recent jury verdict in Benavides v. Tesla is notable not only for a massive payout — including $200 million in punitive damages — but because it apportions fault between the company's self-driving technology and the driver, inviting more scrutiny of automated vehicle marketing and technology, says Michael Avanesian at Avian Law Group.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Reel Justice: 'Sorry, Baby' Shows Need For Sensitive Voir Dire

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    In the recent film “Sorry, Baby,” the protagonist is called for jury duty while still coming to terms with a crime she recently survived, illustrating why attorneys should adopt trauma-informed practices in voir dire to minimize the retraumatization of potential jurors, says Veronica Finkelstein at Wilmington University School of Law.

  • Plaintiffs Bar Can Level Up With Strategic Use Of AI

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    As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • Why Civil RICO Claims Are Gaining Traction With Plaintiffs

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    A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • 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.

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