Personal Injury & Medical Malpractice

  • September 12, 2025

    Ohio Panel Won't OK Sanctions In Casino Assault Suit

    An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.

  • September 11, 2025

    Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'

    A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

    Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

  • September 11, 2025

    Ga. Panel Sends Officer Crash Suit Back For Notice Review

    The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.

  • September 11, 2025

    Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute

    Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.

  • September 11, 2025

    Panel Says $4.5M Wrongful Death Award Lacked Evidence

    A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.

  • September 11, 2025

    Texas Justices Wary Of Letting Developers Out Of $75M Bond

    Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.

  • September 11, 2025

    Roblox, Discord Again Accused Of Ignoring Teen Exploitation

    The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.

  • September 11, 2025

    Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute

    A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.

  • September 11, 2025

    Trump Taps American Airlines Pilot For NTSB

    President Donald Trump has nominated an American Airlines pilot to serve as a member of the National Transportation Safety Board, filling a vacancy on the five-member board that's contending with a series of high-profile accident investigations.

  • September 11, 2025

    Fla. Doc Can Pursue Defamation Claims Against CNN, Cooper

    A Florida appeals court has reversed an order throwing out a pediatric doctor's suit against CNN, Anderson Cooper and reporters for the network, saying a jury should decide whether they defamed him through the use of unadjusted mortality rates at his hospital.

  • September 11, 2025

    2nd Circ. Says 9/11 MDL Firm Must Wait To Appeal Sanctions

    Sanctions imposed against a New York firm for leaking a document in violation of a protective order in the multidistrict litigation over the Sept. 11 attacks are too closely tied to the merits of the case for an appellate panel to consider tossing them, the Second Circuit has determined.

  • September 11, 2025

    Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told

    French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.

  • September 11, 2025

    Calif. Panel Frees Walmart From Fatal Big Rig Crash Suit

    A California appeals panel won't revive a woman's claims against Walmart Inc. and one of its suppliers over the death of her daughter in a collision with a delivery truck, finding her claims are preempted by the Federal Aviation Administration Authorization Act.

  • September 10, 2025

    Uber Balanced Safety With Need For Growth, Jurors Told

    Uber's former head of global safety testified Wednesday in a bellwether trial over sexual assault allegations against the ride-hailing giant, telling jurors that during his tenure, Uber worked to balance safety priorities with its corporate growth.

  • September 10, 2025

    Pa. Court Upholds Defense Verdict In Throat Surgery Suit

    The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.

  • September 10, 2025

    Denver Fights $14M Verdict Over Protester Abuse Claims

    A Tenth Circuit panel pressed both sides Wednesday over whether jurors should have heard testimony from an investigator that Denver says unfairly tainted a trial which yielded a nearly $14 million verdict to 12 protesters over clashes with police during the 2020 Black Lives Matter protests in the city.

  • September 10, 2025

    Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims

    A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.

  • September 10, 2025

    Fla. Rep. Accuses Primary Rival Of Defamation In $1M Suit

    A Florida member of Congress sued a primary challenger and is seeking at least $1 million in damages after alleging he defamed her in various campaign statements posted to the internet and in published newspaper columns. 

  • September 10, 2025

    Texas Panel Says Expert Not Qualified In Facelift Suit

    A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.

  • September 10, 2025

    NIST Links Start Of Surfside Towers Collapse To Pool Deck

    The National Institute of Standards and Technology's ongoing investigation into the 2021 partial collapse of the Champlain Towers South in Surfside, Florida, shows the collapse likely began in the 12-story residential building's pool deck, rather than in the main tower structure.

  • September 10, 2025

    Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit

    Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.

  • September 10, 2025

    Liberty Says Subcontractor's Insurer Must Defend Injury Row

    A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.

Expert Analysis

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • 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.

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