Personal Injury & Medical Malpractice

  • April 26, 2024

    Commerce Restricts Gun Exports To 'High-Risk' Countries

    The U.S. Department of Commerce on Friday issued a rule restricting exports of firearms and ammunition to "high-risk" countries, a move it said is intended to avoid U.S. national security and foreign policy interests being undermined by misuse of those weapons.

  • April 26, 2024

    Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot

    A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.

  • April 26, 2024

    Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits

    BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.

  • April 26, 2024

    DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF

    Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.

  • April 26, 2024

    $2.3B Roundup Win 'Unconstitutionally Excessive,' Judge Told

    Counsel for Roundup maker and Bayer AG unit Monsanto asked a Philadelphia judge on Friday to undo a $2.25 billion award to a man who claimed the weed killer caused him to develop lymphoma, calling the massive verdict "unconstitutionally excessive" during a state court hearing.

  • April 26, 2024

    Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit

    In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.

  • April 26, 2024

    11th Circ. Finds No Anti-Black Juror Bias In Murder Trial

    The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.

  • April 26, 2024

    Women Can't Tie Rogue Fertility Doc To Yale, University Says

    A Connecticut fertility doctor's former patients don't have probable cause to include Yale entities in their claims that he secretly inseminated them with his own sperm, so a state court should deny their prefiling bid for discovery, the university and its healthcare organizations have said.

  • April 26, 2024

    Ex-NYC Mayoral Candidate's Defamation Suit Revived

    A New York appeals court has revived a defamation suit brought by former New York City comptroller and 2021 mayoral candidate Scott Stringer against a woman who accused him of past sexual misconduct and, in his words, "derailed" his campaign.

  • April 26, 2024

    Sacks Weston's Ch. 11 Bid Axed Over Likely Financial Decline

    A federal judge has rejected Philadelphia-based firm Sacks Weston LLC's plan to become solvent and dismissed its bankruptcy petition this week, saying the firm's financial decline is likely to continue.

  • April 26, 2024

    SafeSport Turned 'Predator Rather Than Protector,' Suit Says

    A New Jersey gymnastics coach has claimed the U.S. Center for SafeSport, which Congress tasked with guarding young athletes from abuse and holding abusers accountable, "turned predator rather than protector" after allegedly unfairly suspending him without due process.

  • April 26, 2024

    UPMC To Face New Trial Over Claims It Missed Man's Stroke

    A Pennsylvania appeals panel has ordered a new trial over a man's claims that he was left with permanent brain injuries after doctors at UPMC Bedford Memorial failed to diagnose a stroke in progress, saying he should have been allowed to rebut a new theory the hospital first presented at trial.

  • April 26, 2024

    RJR Gets $12M Judgment Tossed In Tobacco Death Suit

    A Florida appeals panel on Friday threw out a $12 million judgment against R.J. Reynolds Tobacco Co. in a wrongful death suit by the wife of a smoker, saying the evidence didn't support the jury's finding in the wife's favor on her conspiracy to fraudulently conceal claim.

  • April 25, 2024

    Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility

    The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.

  • April 25, 2024

    Wendy's Beats Negligence Suit Over Drive-Thru Shooting

    Wendy's permanently defeated a negligence suit accusing it of failing to prevent the shooting of a man in December 2018 at its drive-through by not having adequate security guards, after an Illinois federal judge said Wednesday the burger chain couldn't have reasonably foreseen that the shooting would occur.

  • April 25, 2024

    Conn. Judge Sends Colo. Mass Shooting Cases To State Court

    A Connecticut federal judge sent two lawsuits against gunmaker Sturm Ruger & Co. Inc. back to state court Thursday, finding that the complaints brought by the estates of two Colorado mass shooting victims did not meet a key standard for handling the claims in federal court.

  • April 25, 2024

    Outlets Ask Fla. Court To Toss Trump's $1.5B Truth Social Suit

    Several news outlets that were sued by Donald Trump's social media company over reports that it lost $73 million following a merger have urged a Florida state court to dismiss the lawsuit, saying defamation wasn't sufficiently alleged and the articles were substantially true.

  • April 25, 2024

    Texas Doc Can't Avoid Woman's Suit Over Son's Brain Injury

    A Texas appeals court on Thursday declined to throw out a woman's suit alleging an anesthesiologist wrongly administered an epidural during delivery and caused her son to suffer a brain injury, finding the judge did not find the woman's expert report deficient despite giving her a month to amend it.

  • April 25, 2024

    Microsoft, Nintendo And Others Sued Over Addictive Games

    A gamer sued Microsoft Corp., Nintendo of America Inc., Rockstar Games Inc. and other video game developers Wednesday in Georgia federal court over allegations that they are intentionally getting users addicted to boost profits, saying he's suffering from depression and anxiety because of his addiction.

  • April 25, 2024

    Knicks Owner Wants Out Of Therapist's Sex Assault Suit

    New York Knicks owner James Dolan asked a California federal judge to nix a massage therapist's claims alleging he helped disgraced media mogul Harvey Weinstein sexually assault her at a hotel in 2014, arguing the therapist doesn't plausibly allege Dolan knew she would be assaulted or that he encouraged it.

  • April 25, 2024

    Wash. Large-Magazine Ban Stays As Court Official Fears Tragedy

    The Washington Supreme Court commissioner said Thursday the state can maintain its ban on the sale of large-capacity magazines for now, saying in his ruling he was kept awake at night over the potential that lifting the ban would allow an especially "awful" mass shooting.

  • April 25, 2024

    Houston Surgeon OKs Order For Docs In Wrongful Death Suit

    A transplant surgeon at Memorial Hermann Texas Medical Center in Houston and the families of three patients who died while on the hospital's liver transplant waiting list told a judge Thursday that they had agreed to a temporary restraining order preventing the doctor from deleting or altering any documents related to the families' wrongful death claims.

  • April 25, 2024

    NBA Player Can't Duck Negligence Claims In Shooting Suit

    NBA rookie star player Brandon Miller must face claims he is liable for delivering a gun to others who used it in a shootout that killed a 23-year-old woman, an Alabama federal judge has ruled, saying the suit adequately alleges he had a duty not to cause the woman harm.

  • April 25, 2024

    Fla. High Court Says PIP Law Doesn't Mandate 100% Payment

    The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.

  • April 25, 2024

    Vince McMahon Accuser Says Arbitration Bid Is Full Of 'Lies'

    The former World Wrestling Entertainment Inc. legal staffer who accused founder Vince McMahon of sexually abusing and trafficking her is fighting his bid to arbitrate the explosive lawsuit, arguing that he used a recent motion to mount a "vicious" and untrue attack on her character.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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