Personal Injury & Medical Malpractice

  • July 31, 2025

    Segway Slapped With Class Suit Over E-Scooter Fall Hazard

    Segway Inc. was hit with a proposed class action in Washington federal court on Thursday by a consumer who claims the company sold more than 200,000 electric scooters with a dangerous defect that puts riders at risk of falling and failed to adequately address the issue during a recall.

  • July 31, 2025

    Calif. Med Mal Law Can't Apply To Ambulance Crash Suits

    The California Supreme Court ruled on Thursday that the state's one-year time limit for medical malpractice claims does not apply to suits over ambulance drivers' negligence, saying instead the two-year deadline for ordinary negligence governs.

  • July 31, 2025

    Amazon Customer Can't Nix Defenses In 'Bling' Blinding Suit

    A California federal judge largely denied a woman's bid for an early judgment on Amazon.com Servies LLC's defenses and some claims in her suit alleging she was blinded in one eye by a "sparkly bling" steering wheel accessory when her airbag deployed in a collision.

  • July 31, 2025

    New Orleans Diocese Working On $180M Ch. 11 Plan Docs

    The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.

  • July 31, 2025

    Injured Motocross Rider's Negligence Suit Teed Up For Trial

    A Florida federal judge has denied summary judgment in a lawsuit accusing a motocross event organizer of negligence after an accident at a Supercross Championship race left a professional rider paralyzed, ruling issues of material fact still exist regarding the reach and applicability of the waivers he signed.

  • July 31, 2025

    8th Circ. Says Firm's Conspiracy Suit Wrongly Tossed

    The Eighth Circuit on Thursday revived a law firm's suit alleging that the defendants in a wrongful death suit conspired to have the firm withdraw from that suit after raising false accusations, saying the trial court "took a trip back in time" to an older interpretation of court doctrine.

  • July 31, 2025

    1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge

    The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.

  • July 31, 2025

    Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit

    A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.

  • July 31, 2025

    MSG Makes Play For $1.5M Fees In Oakley Dispute

    Madison Square Garden is seeking $1.5 million in attorney fees from former New York Knicks player Charles Oakley, laying out the efforts it took to uncover Oakley's efforts to destroy text messages connected with his long-running assault and battery suit against the arena.

  • July 31, 2025

    Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing

    The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.

  • July 30, 2025

    Walmart Hoverboard Fire, Injury Case Ends After AI Scandal

    A Wyoming family of five that sued Walmart after a hoverboard they bought exploded, destroying their home and causing serious burns, has agreed to permanently end litigation in a case marred by plaintiffs counsel getting caught pushing case law "hallucinated" by artificial intelligence.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    NTSB Hearing Probes Helicopter Risks In DCA Collision

    The U.S. Army helicopter involved in January's deadly midair collision over the Potomac River was flying almost 100 feet higher than it should've been near one of the capital area's busiest airports according to testimony as the National Transportation Safety Board on Wednesday examined equipment and operational lapses tied to the accident.

  • July 30, 2025

    Virgin Atlantic Avoids $1M Default In Food Poisoning Suit

    A California appeals court won't reinstate a $1 million default judgment against Virgin Atlantic Airways Limited in a suit by a man who alleged he got food poisoning on a flight, saying he did not properly serve the complaint on the company.

  • July 30, 2025

    Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit

    A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.

  • July 30, 2025

    RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict

    A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.

  • July 30, 2025

    4th Circ. Backs Farm Worker's $2.5M Award For Amputation

    The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.

  • July 30, 2025

    Landlords Not Covered For Lead Exposure Suit, Insurer Says

    An insurer has no duty to defend or indemnify property owners accused of negligently renting out an apartment with hazardous levels of lead that injured a child, the carrier told an Illinois federal court, saying the owners' policy bars coverage for bodily injury caused by lead.

  • July 29, 2025

    Trump Admin Says UCLA Didn't Protect Jewish Students

    The U.S. Department of Justice said Tuesday that it determined that the University of California, Los Angeles, violated civil rights laws by failing to "adequately respond" to harassment and abuse that Jewish and Israeli students faced on its campus following the war in Gaza.

  • July 29, 2025

    Fed. Circ. Backs Rejection Of Man's HPV Vaccine Claims

    A man who claimed vaccines he received as a teen, including one meant to guard against HPV, caused him to develop inflammatory bowel disease will receive no payments under the National Vaccine Injury Compensation Program, the Federal Circuit ruled on Tuesday, affirming a determination that his theory that vaccines caused his illness is unsupported.

  • July 29, 2025

    Ambulance Co. Can't Undo $2.3M Verdict In Wash. Crash Case

    A Washington Court of Appeals panel has affirmed an ambulance operator's $2.3 million trial court loss in a patient's family's wrongful death case over a crash, rejecting the company's argument that its crew was shielded from liability by a state law that protects first responders providing emergency medical services.

  • July 29, 2025

    Mass. Appeals Court Won't Overturn $6.6M Fatal Stroke Award

    A Massachusetts appellate panel on Tuesday declined to toss a $6.6 million medical malpractice award in a suit accusing a physician of causing a patient's fatal stroke, saying certain instructions did not unfairly influence the jury.

  • July 29, 2025

    Ga. Jury Awards $18M In Heart Attack Trial

    A Georgia state jury on Tuesday said a cardiovascular practice and a colorectal practice together owe $18.3 million to the family of a man who had a heart attack and ultimately died after two doctors allegedly failed to communicate about his heart health prior to a surgery.

  • July 29, 2025

    9th Circ. Won't Renew Suit Over Wash. Ban On 'DIY' Rape Kits

    A Ninth Circuit panel on Tuesday refused to revive a constitutional challenge to Washington state's ban on self-administered DNA evidence collection kits for sexual assault survivors, concluding that the plaintiff company failed to show the law illegally restricts commercial speech.

  • July 29, 2025

    Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'

    The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.

Expert Analysis

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Opinion

    Asbestos Trusts' Records Purge Threatens Claims Process

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    Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

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