Personal Injury & Medical Malpractice

  • June 13, 2024

    Colo. News Station Must Face Claim Over Contractor Shooting

    A Denver news station must face a man's vicarious liability claim over the actions of a plainclothes security guard who shot and killed a man during a police protest while working for the TV station, the Colorado Court of Appeals said Thursday.

  • June 13, 2024

    Paralyzed Motocrosser Fights To Keep Negligence Suit Afloat

    A motocross rider paralyzed during a practice run at the 2020 Supercross Championship pushed back against the American Motorcycle Association's bid to toss his negligence claim against it, arguing that the waiver the event organizer says relieves it of liability is not enforceable.

  • June 13, 2024

    NJ Justices Create New Liability Rule For Property Owners

    The New Jersey Supreme Court on Thursday voted 4-3 to craft a new rule stating that owners of commercial vacant lots have a duty to maintain the public sidewalks abutting the lots, and reinstated a woman's trip-and-fall injury suit.

  • June 13, 2024

    Wawa Beats Suit By Man Who Lost Leg In Crash Outside Store

    A New Jersey appellate court handed a victory to Wawa on Thursday, ruling that the convenience store didn't own the area outside the store where a customer lost his leg in a car accident while jaywalking and thus was not liable.

  • June 13, 2024

    Subway Can't Nix Arb. Award To Family Of Murdered Worker

    A Texas appellate panel on Wednesday declined to vacate an arbitration award to the family of a woman killed while working at Subway after rejecting Subway's argument the neutral arbitrator's Facebook posts complaining about State Farm and its attorneys are evidence of bias, finding neither are involved in the underlying case in any way.

  • June 13, 2024

    Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told

    A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.

  • June 13, 2024

    Cyclist's Widow Can Seek Punitive Award From Crashing Atty

    A Colorado federal judge is allowing a bicyclist's widow to revise her lawsuit against the attorney whose car fatally crashed into her husband as he rode, granting a bid to include punitive damages under state law.

  • June 13, 2024

    FAA Chief Vows Diligent Boeing Oversight In Senate Hearing

    The Federal Aviation Administration's chief told a Senate panel Thursday that the regulator has diligently stepped up oversight of Boeing's manufacturing since January's harrowing midair door plug blowout on a 737 Max 9 jet, an incident that prompted multiple probes into Boeing's safety culture and quality control.

  • June 13, 2024

    Norfolk Southern Slams Bid To Seal Reports In Derailment Suit

    Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.

  • June 13, 2024

    Family Of Ashli Babbitt's Wrongful Death Suit Shipped To DC

    The estate of Ashli Babbitt, a woman fatally shot by police during the Jan. 6, 2021, riot at the U.S. Capitol, will have to litigate a $30 million wrongful death lawsuit against the U.S. government in Washington, D.C., rather than in California, a California federal judge ruled.

  • June 13, 2024

    Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told

    A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.

  • June 13, 2024

    Health Co. Execs Charged In $100M Adderall Sales Scheme

    Two California digital healthcare company executives were charged in a first-of-its-kind case Thursday with scheming to sell Adderall through deceptive advertising, allegedly bringing in $100 million in illicit profits.

  • June 13, 2024

    NJ Judge Denies Liberty Mutual's Recusal Bid in Accident Suit

    A New Jersey federal judge will not step away from a construction accident coverage suit, ruling Liberty Mutual's recusal bid, which cited his failure to disclose his multiple policies with the insurer and a previous investigation over a missing jewelry claim, would potentially block hundreds of judges from presiding over similar cases.

  • June 13, 2024

    Starbucks Must Share Hot-Drink Training Info In Burn Suit

    Starbucks must turn over information on how it trains employees to handle hot drinks at drive-throughs and on recent complaints received in the Detroit area, a Michigan federal judge said Thursday after finding the information is relevant to a customer's suit alleging she was severely burned when a lid popped off her hot tea cup.

  • June 13, 2024

    Dechert Backs Special Master In Airline Mogul's Hacking Suit

    Dechert LLP has said a special master got it right when she largely denied an airline tycoon's numerous bids to access allegedly privileged information in his suit seeking to prove an international hacking conspiracy, asking a North Carolina federal judge to affirm the decision.

  • June 12, 2024

    Oklahoma Justices Toss Tulsa Race Massacre Survivors' Suit

    The Oklahoma Supreme Court on Wednesday dismissed a lawsuit brought by survivors of the Tulsa Race Massacre in the affluent Black community of Greenwood in 1921, acknowledging as legitimate their "grievance with the social and economic inequities" created by the decimation, but finding that it falls outside public nuisance doctrine.

  • June 12, 2024

    Indiana Hospital Gets $11M Leg Amputation Verdict Reversed

    An Indiana state appeals court has upended a $1.3 million judgment — originally an $11 million verdict — awarded to a patient whose leg was amputated allegedly due to the negligence of a hospital, its physician and nurse, citing a slew of "cumulative errors" the lower court made during the trial.

  • June 12, 2024

    Judge Says Biden Admin Must Allow Show Loophole, For Now

    A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.

  • June 12, 2024

    Miss. Social Media Age Law Faces Free-Speech Challenge

    Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.

  • June 12, 2024

    NY AG, Firms Beat Cuomo Subpoenas In Sex Harassment Suit

    Former New York Gov. Andrew Cuomo can't force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to produce information about an investigation into sexual misconduct accusations that forced him to resign, a federal judge ruled Wednesday, finding the firms were acting under the state attorney general's authority.

  • June 12, 2024

    11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case

    The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.

  • June 12, 2024

    'Natural' Toothpaste Brand Loaded With PFAS, Moms Say

    Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.

  • June 12, 2024

    Grad Student Says School Dismissed Her Over Health Issues

    A graduate counseling student is suing a Colorado private university for failing to accommodate her fibromyalgia and other health conditions, alleging in a federal complaint that the school refused to grant her a degree based on issues related to her disabilities.

  • June 12, 2024

    Energy Co. Says Specialist Can't Get Arbitration Exemption

    A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.

  • June 12, 2024

    Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told

    A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship​​ P320, counsel for the man told a Georgia federal jury Wednesday.

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

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