Personal Injury & Medical Malpractice

  • January 26, 2026

    Kansas Refinery Pollutes, Violates EPA Decrees, Suit Says

    A proposed class of Coffeyville, Kansas, residents on Monday sued the company behind an oil refinery and fertilizer facility, saying it has been in repeat violation of U.S. Environmental Protection Agency consent decrees as it continues to pollute the environment and, thus, drive up environmental damage and cancer rates.

  • January 26, 2026

    NJ Court Revives UAW's Casino Smoking Law Challenge

    A New Jersey state appeals court revived a challenge to a state law allowing people to smoke in casinos Monday, giving the United Auto Workers another chance to argue that the law harms the casino employees it represents by exposing them to secondhand smoke.

  • January 26, 2026

    Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say

    The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.

  • January 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.

  • January 23, 2026

    DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.

    A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary. 

  • January 23, 2026

    Paraquat, J&J Talc Litigation Headline Philly's 2026 Mass Torts

    Cases concerning illnesses stemming from the herbicide paraquat and talcum power are kicking off 2026 in Philadelphia's mass tort system, pitting corporate powerhouses like Chevron, Syngenta and Johnson & Johnson against the city's perceived plaintiff-friendly juries.

  • January 23, 2026

    Conn. High Court Snapshot: $13.2M Estate Tax Tops January

    The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.

  • January 23, 2026

    Med Mal Verdict Must Be Offset By Other Deal, Panel Says

    An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.

  • January 23, 2026

    Truckers Can't Lift Calif. Immigrant Driver's License Freeze

    A federal judge rejected a local trucking group's bid to force California to lift its freeze on immigrant truck driver's licenses, saying the Golden State cannot run afoul of federal mandates in a way that would jeopardize highway funding or risk the state's licensing program getting decertified altogether.

  • January 23, 2026

    Cartiva Hid Toe Implant Safety Info, Pa. Woman's Suit Claims

    Cartiva Inc. was sued Thursday in Pennsylvania federal court by a woman who claims that she was injured by a recalled defective toe implant device and that the company has concealed its safety data from regulators and medical providers.

  • January 23, 2026

    High Court's Med Mal Ruling Won't Spark Rise In Suits

    The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.

  • January 23, 2026

    Munich Re Faces Lawsuit Over Reinsurance Dispute

    A Connecticut municipal risk financing agency filed a declaratory action in federal court demanding coverage from Munich Reinsurance America Inc. for negligence litigation set for trial this year concerning the alleged sexual abuse of a former public school student.

  • January 23, 2026

    Ill. High Court Won't Grant Posthumous Innocence Certificate

    The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.

  • January 23, 2026

    Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN

    A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.

  • January 23, 2026

    Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'

    The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.

  • January 23, 2026

    Ohio Panel Says No Expert Needed In Botched Surgery Suit

    An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.

  • January 23, 2026

    Fla. Panel Says Court Properly Denied Acquittal In DUI Death

    A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck. 

  • January 23, 2026

    Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause

    The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.

  • January 23, 2026

    Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says

    A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision. 

  • January 23, 2026

    Iowa Justices Won't Revive Nursing Home COVID Death Suit

    The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.

  • January 23, 2026

    Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion

    Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.

  • January 22, 2026

    TikTok Seals Joint Venture Deal For US Operations

    TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.

  • January 22, 2026

    Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor

    The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.

  • January 22, 2026

    Iran Sued For Alleged Role In Deadly Jordan Drone Attack

    The families of three U.S. soldiers killed in a drone attack orchestrated by alleged terrorists at a military installation in Jordan sued the Islamic Republic of Iran in D.C. federal court on Thursday seeking to recover monetary damages for the deaths of their loved ones.

  • January 22, 2026

    Transportation Cases To Watch In 2026

    Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.

Expert Analysis

  • 10 Quick Tips To Elevate Your Evidence Presentation At Trial

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    A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.

  • Series

    Practicing Stoicism Makes Me A Better Lawyer

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    Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

  • Series

    The Biz Court Digest: Texas, One Year In

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    A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

  • Series

    Law School's Missed Lessons: Educating Your Community

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    Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

  • 5 Crisis Lawyering Skills For An Age Of Uncertainty

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    As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

  • Opinion

    It's Time For The Judiciary To Fix Its Cybersecurity Problem

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    After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

  • Identifying The Sources And Impacts Of Juror Contamination

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    Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Series

    Writing Novels Makes Me A Better Lawyer

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    Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Why Justices Seem Inclined To Curtail Del. Affidavit Statute

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    After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

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