Personal Injury & Medical Malpractice

  • January 23, 2026

    Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'

    The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.

  • January 23, 2026

    Ohio Panel Says No Expert Needed In Botched Surgery Suit

    An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.

  • January 23, 2026

    Fla. Panel Says Court Properly Denied Acquittal In DUI Death

    A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck. 

  • January 23, 2026

    Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause

    The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.

  • January 23, 2026

    Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says

    A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision. 

  • January 23, 2026

    Iowa Justices Won't Revive Nursing Home COVID Death Suit

    The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.

  • January 23, 2026

    Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion

    Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.

  • January 22, 2026

    TikTok Seals Joint Venture Deal For US Operations

    TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.

  • January 22, 2026

    Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor

    The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.

  • January 22, 2026

    Iran Sued For Alleged Role In Deadly Jordan Drone Attack

    The families of three U.S. soldiers killed in a drone attack orchestrated by alleged terrorists at a military installation in Jordan sued the Islamic Republic of Iran in D.C. federal court on Thursday seeking to recover monetary damages for the deaths of their loved ones.

  • January 22, 2026

    Transportation Cases To Watch In 2026

    Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.

  • January 22, 2026

    6th Circ. Clears 911 Dispatch Of Failure To Stop Murder

    Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."

  • January 22, 2026

    7th Circ. Says Mower-Maker Toro Must Face Amputation Suit

    The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.

  • January 22, 2026

    11th Circ. Reopens Telemundo Sexual Harassment Claims

    The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.

  • January 22, 2026

    Meta Fights Late Data Request In Instagram Addiction Suit

    Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.

  • January 22, 2026

    La. Firm Inks PE Deal To Form Legal Managed Services Org

    A Louisiana personal injury firm has signed an agreement to take private equity investment using a managed services organization, according to an announcement Thursday, one of the few firms to openly acknowledge taking private equity money amid rising interest throughout the industry.

  • January 22, 2026

    Md. Judge Keeps Ship Manager Liability Shield Bid Alive

    A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.

  • January 22, 2026

    Agency Not Covered For Injury Suit Over Fraud, Carrier Says

    A construction policy insurer agency and its owner aren't owed coverage for an underlying personal injury lawsuit, its professional liability carrier told a New York federal court, alleging a third-party lawsuit accusing the owner of fraud and misappropriating insurance funds triggered an exclusion in its professional liability policy. 

  • January 21, 2026

    Chicago To Pay $22M For Officer's Fatal Vehicle Pursuit

    The city of Chicago is set to pay $22 million to the family of a 25-year-old man who died after a teenager fleeing police crashed into his car as an officer pursued the vehicle against city policy, the family's attorneys announced Wednesday.

  • January 21, 2026

    EXp Brass Can't Shake Claims It Ignored Sexual Misconduct

    The Delaware Chancery Court has allowed the bulk of a shareholder lawsuit against eXp World Holdings Inc. to proceed, saying it is reasonable to infer the real estate brokerage's board "effectively did nothing" in response to red flags about widespread allegations of drugging, rape and sexual assault.

  • January 21, 2026

    Costco Nears Settlement With Insurer Over Store Injury Claims

    A Hartford unit has reached a tentative deal with Costco to end claims that the insurer wrongfully refused defense coverage for a lawsuit by a customer allegedly hurt while trying to move a grill box at a California store, according to a Wednesday filing in Seattle federal court.

  • January 21, 2026

    Court Rejects Sanctions In Venezuelan Oil Defamation Case

    A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.

  • January 21, 2026

    Texas AG Launches Investigation Into Vaccine Incentives

    The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."

  • January 21, 2026

    Firm Seeks To Toss Suit Alleging Hurricane Claim Fee Scheme

    A law firm urged a Louisiana federal court Wednesday to toss a proposed class action over an alleged scheme to collect exorbitant fees on hurricane-related property insurance claims, saying the complaint fails to plead a certifiable class and involves a "smorgasbord" of individualized legal malpractice claims.

  • January 21, 2026

    Experts Can Testify On Cancer Link In J&J Talc Suits

    A special master has said experts for the tens of thousands of women whose suits in New Jersey federal court allege that Johnson & Johnson talc products caused their ovarian cancer can testify at trial about the causal connection between their disease and use of the products.

Expert Analysis

  • 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.

  • 2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

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    A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Opinion

    $40M Award Shows Hospitality Cos. Can't Ignore Trafficking

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    A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

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