Personal Injury & Medical Malpractice

  • September 09, 2025

    Wash. Appeals Court Won't Revive Phish Concert Assault Suit

    A Washington state appeals court declined Tuesday to renew two concert attendees' personal injury suit against Phish and Live Nation after they were injured by rocks during a 2018 show, finding they failed to show the band and venue manager could have foreseen the "random attacks."

  • September 09, 2025

    Accuser Avoids Mistrial In 1st Day Of Clergy Sex Abuse Trial

    The accuser in New Jersey's first clergy sex abuse trial avoided a mistrial Tuesday after his counsel used "rape" in opening argument, but got a warning to refrain from using the word to describe the oral sex he was allegedly subjected to by a priest at a Catholic prep school in the 1970s.

  • September 09, 2025

    NFL Insists Ex-Raiders Coach Case Belongs In Arbitration

    The NFL and Commissioner Roger Goodell have urged the Nevada Supreme Court to reconsider its decision to keep out of arbitration a lawsuit filed by former Las Vegas Raiders head coach Jon Gruden accusing the league of character assassination, arguing that the current ruling "would have destabilizing consequences" for contract negotiations in a number of industries.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap

    The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.

  • September 09, 2025

    Ga. Truck Driver Blames Defective Mattress For Wife's Injury

    A truck driver whose wife was allegedly injured after her skin was punctured by a mattress in his tractor-trailer's sleeping cabin told an Atlanta jury Tuesday that he believed she never would have been injured if the mattress had coil springs that were not defective.

  • September 09, 2025

    Pa. Panel Won't Nix Hospice Co. COVID Infection Suit

    A Pennsylvania Superior Court on Tuesday refused to throw out a suit by an elderly couple alleging a physical therapist and her employer negligently infected them with COVID-19, finding the claims are not blocked by federal health emergency laws.

  • September 09, 2025

    Wash. Justices Doubt Amazon's Stance On Chemical Suicides

    Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.

  • September 09, 2025

    No CGL Coverage In Medical Negligence Row, NM Court Says

    A Travelers unit that issued a commercial general liability policy to an orthopedic clinic owes no coverage to the clinic and two of its physicians in an ongoing medical negligence lawsuit, a New Mexico federal court ruled, finding an exclusion barring claims arising from "professional health care services" applicable.

  • September 09, 2025

    9th Circ. Declines To Block Most Of Social Media Addiction Law

    The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Pa. Court Orders Resentencing In 2 DUI Cases Over Treatment

    A pair of drunk-driving cases in Pennsylvania will be sent back to the lower courts for resentencing after a state appeals court ruled Tuesday that recently decided state Supreme Court precedent requires prosecutors to prove in front of a jury that the drivers had previously completed a drunk-driving program in order to apply sentencing enhancements. 

  • September 09, 2025

    Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment

    A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.

  • September 09, 2025

    Eye Care Co. Sold Misbranded Products, Suit Says

    A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.

  • September 09, 2025

    Feds Say Lejeune Litigants Can't Link Chemical To Illnesses

    The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.

  • September 09, 2025

    US Atty Habba Seeks To Nix NJ Mayor's False Arrest Suit

    New Jersey's acting U.S. Attorney Alina Habba told a federal judge Tuesday that Newark Mayor Ras Baraka's lawsuit over his arrest outside an immigration detention center should be tossed since both the government and Habba are immune from suit, and the court cannot impose a damages remedy under U.S. Supreme Court precedent.

  • September 09, 2025

    Crate & Barrel's Insurer Owes Primary Coverage In Injury Suit

    Crate & Barrel's insurer has the primary duty to defend and indemnify a company that subleased a commercial space to the retailer and the owner of the Lower Manhattan property in an underlying personal injury suit, a New York federal court ruled, handing a win to the sublessor's insurer.

  • September 09, 2025

    Minn. Court Won't Reinstate Snowmobile Collision Death Suit

    A Minnesota appeals court refused to revive a lawsuit against a snowmobile club and one of its maintenance workers alleging that their negligence led to the death of a snowmobile user, finding that they are entitled to governmental immunity under the Minnesota Tort Claims Act.

  • September 08, 2025

    Uber Put Profits Over Safety, Jury Told At 1st Sex Assault Trial

    Uber put growth and money over passenger safety, counsel for a woman claiming she was sexually assaulted by a driver said Monday at the first trial in coordinated proceedings in San Francisco involving hundreds of plaintiffs, while Uber's lawyer countered sexual violence incidents against passengers are "exceedingly" rare.

  • September 08, 2025

    10th Circ. Backs Dentist's Murder, Insurance Fraud Convictions

    A dentist convicted of murdering his wife on a hunting trip in Zambia to collect nearly $5 million in life insurance who became the subject of a Hulu documentary must continue to serve a life prison sentence for murder and insurance fraud, the Tenth Circuit ruled on Monday.

  • September 08, 2025

    Calif. Judge Convicted Of Murdering Wife Seeks Trial Do-Over

    A California judge convicted of murdering his wife earlier this year moved for a new trial, arguing the court's denial of his request to postpone the retrial was a "miscarriage of justice" because it limited his expert witness testimony and violated his right to present his defense that the shooting was accidental.

  • September 08, 2025

    Mayo Clinic Beats Suit Over Fatal Brain Hemorrhage

    A Minnesota state appeals court ruled Monday that a lower court was within its rights to exclude an expert witness who couldn't identify a causal link between a pain medication the Mayo Clinic gave an amputation patient and a subsequent fatal brain hemorrhage.

  • September 08, 2025

    London Insurers Owe Full Coverage Limits To NY Archdiocese

    Certain underwriters at Lloyd's of London and other London market insurers must pay their full applicable policy limits under policies issued to the Archdiocese of New York, a state court ruled Monday in the archdiocese's suit seeking coverage for thousands of sexual abuse claims.

  • September 08, 2025

    Attys Debate 'Misuse' Or 'Defect' In Ga. Mattress Injury Trial

    A truck driver and his wife, who sued a mattress-maker and bedding components supplier over injuries she allegedly received after her skin was punctured by a mattress in a tractor-trailer's sleeping cabin, told an Atlanta jury that the mattress was defective, while the companies blamed mattress "misuse."

  • September 08, 2025

    Biz Groups Ask Justices To Shield Freight Brokers From Suits

    Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.

Expert Analysis

  • Opinion

    It's Time To Reform Mass Arbitration

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    A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Aviation Watch: New FAA Chief Will Face Strong Headwinds

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    Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • Learning From COVID-19 Enforcement Against Nursing Homes

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    Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.

  • 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.

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