Personal Injury & Medical Malpractice

  • March 25, 2026

    11th Circ. Seems Open To Reviving Botched FBI Raid Suit

    An Eleventh Circuit judge appeared inclined Wednesday to revive a Georgia woman's suit over an FBI raid mistakenly carried out at her home after the U.S. Supreme Court examined the case last year and barred the federal government from invoking the U.S. Constitution's supremacy clause as a defense.

  • March 24, 2026

    Minn. Says Feds Must Share ICE Shootings Evidence

    The state of Minnesota and Hennepin County on Tuesday asked a D.C. federal court to block the Trump administration from withholding evidence related to the fatal shootings of Renee Good and Alex Pretti and the nonfatal shooting of another Minnesotan at the hands of federal agents, calling its noncooperation "unprecedented."

  • March 24, 2026

    AI Tools May 'Disrobe' Meta Of Section 230 Shield, Judge Says

    A California federal judge trimmed Tuesday a proposed class action alleging Meta Platforms Inc. knowingly participated in a Chinese pump-and-dump scheme advertised on social media, but found there's a factual dispute over whether Meta's AI tools materially contributed to the "facially ridiculous" ads.

  • March 24, 2026

    7th Circ. Upholds Conviction Despite Hidden Evidence

    The Seventh Circuit ruled on Tuesday that it is unable to reverse a denied federal habeas petition because a state appeals court did not act contrary to federal law in affirming a defendant's conviction despite state prosecutors not disclosing key witness interviews.

  • March 24, 2026

    SDNY Reaches $318M Deal For Victims Of Iran-Linked Terror

    Hundreds of terror attack victims with judgments against Iran will now receive $318 million as part of a settlement stemming from the federal government's forfeiture action against a 36-story Midtown Manhattan office tower linked to the Iranian government.

  • March 24, 2026

    NTSB Probes LaGuardia Runway Alerts, Air Traffic Control

    A runway surveillance system at LaGuardia Airport did not alert air traffic controllers to the potential collision between an Air Canada passenger jet and a fire truck, which did not have a transponder, that crossed its path, the National Transportation Safety Board said Tuesday.

  • March 24, 2026

    Trainer Sues SafeSport, Alleging Due Process Violation

    An equestrian trainer sued SafeSport after decades-old allegations of sexual misconduct led to his temporary suspension, arguing that the organization violated his due process rights by not allowing him an opportunity to defend himself before taking action.

  • March 24, 2026

    Ex-Yankee Files Suit Over Son's CO Poisoning In Costa Rica

    Former New York Yankees outfielder Brett M. Gardner and his family have filed a negligence and wrongful-death lawsuit against a Costa Rican resort and its Pennsylvania owners, blaming bad ventilation from a utility room for the carbon monoxide poisoning that sickened them and killed his 14-year-old son.

  • March 24, 2026

    Justices Weigh Change To Estoppel Rule Used In Ch. 13 Case

    The U.S. Supreme Court heard arguments Tuesday over whether the Fifth Circuit erred in letting judicial estoppel bar a Chapter 13 debtor from pursuing tort litigation after failing to disclose the claim to a bankruptcy court, weighing whether to apply a holistic test to determine if the debtor's mistake was inadvertent.

  • March 24, 2026

    Treating Doc Can Opine On Nurses In Texas Spine Surgery Suit

    A Texas appeals panel on Tuesday found that a man's treating physician could serve as an expert witness in his suit alleging the nursing staff at the hospital where he received spinal surgery failed to see or address his cauda equina syndrome symptoms after the operation.

  • March 24, 2026

    Houston Escapes Suit Over Runner's Death During Night Race

    A Texas appellate court on Tuesday tossed a suit seeking to hold the city of Houston liable for a nighttime trail race participant's death, saying the man's family failed to show that unmarked park trails caused his death, and thus did not overcome the city's governmental immunity.

  • March 24, 2026

    Meta Owes $375M In NM Trial Over Harm To Teens

    A New Mexico jury said Tuesday that Meta must pay $375 million over the state attorney general's bellwether claims that the social media giant hid the full scope of mental health harm its apps were causing to underage users.

  • March 24, 2026

    6th Circ. Reverses Mich. Couple's Retaliatory-Arrest Win

    The Sixth Circuit ruled this week that two Michigan sheriff's deputies should be granted summary judgment in a lawsuit brought by a couple who claimed their First Amendment rights were violated when they were arrested for refusing to move back from an active crime scene.

  • March 24, 2026

    Tenant's Insurer Must Defend NY Property Owner In Injury Suit

    The owner of a Manhattan property is an additional insured under its tenant's policy and entitled to a defense in an underlying slip-and-fall suit, a New York federal court ruled Tuesday, saying the tenant's failure to add its current landlord to the policy was clearly a mistake.

  • March 24, 2026

    Beasley Allen Says NJ Justices Review Of Talc DQ 'Essential'

    Beasley Allen urged the New Jersey Supreme Court to hear its appeal of a lower court's decision to disqualify it from representing plaintiffs in multicounty litigation over Johnson & Johnson's talc-based baby powder, arguing that the court's immediate review of the interlocutory order is "essential."

  • March 24, 2026

    Court Rules Insurers Not Liable For Nitrous Oxide Injuries

    A Louisiana federal judge has released two insurance companies from having to defend a nitrous oxide seller in a personal injury suit after the court found that injuries stemming from the use of psychotropic substances were excluded from coverage.

  • March 24, 2026

    Justices Won't Review Class Cert. In Diabetes Drug Risk Case

    The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.

  • March 23, 2026

    Cosby Liable For '72 Sex Assault, Accuser Awarded $59M

    A California jury Monday awarded $59.25 million in damages, including $40 million in punitive damages, to an 84-year-old woman who accused Bill Cosby of drugging and sexually assaulting her in 1972 after taking her to one of his comedy shows.

  • March 23, 2026

    Teens Are Meta's 'Collateral Damage,' Jury Hears In Closings

    New Mexico on Monday closed out its trial against Meta over allegedly undisclosed mental health harms, telling a jury the social media giant openly committed to "move fast and break things" but hid that minors "are the collateral damage, what's broken when Meta moved fast."

  • March 23, 2026

    Social Media Jurors Say They Are Deadlocked On A Defendant

    A California jury considering claims Meta and Google harm children's mental health through their social media platforms reported Monday that it is deadlocked as to one of the defendants, but it wasn't clear if the jury is stuck on the question of liability or on potential punitive damages.

  • March 23, 2026

    CooperSurgical Fights Docs Request In Embryo Loss Suit

    Fertility company CooperSurgical Inc. is pushing back against a bid to compel the release of internal financial and other records in litigation brought by a couple who claims the company negligently destroyed their embryos with its recalled culture media, calling the request overly broad.

  • March 23, 2026

    LaGuardia Airport Runway Collision: What We Know So Far

    A late Sunday runway collision between an Air Canada passenger jet and a fire truck marked the first deadly accident at LaGuardia Airport in more than three decades, federal and state officials said, raising troubling questions about air traffic control procedures at one of the busiest airports serving the New York metropolitan area.

  • March 23, 2026

    Wagstaff Law Firm Backs $7.25B Roundup Deal

    The founding partner of Wagstaff Law Firm and co-lead counsel in federal multidistrict litigation over claims that weed killer Roundup is a carcinogen announced her support on Monday for a $7.25 million deal to end current and future claims that the herbicide causes non-Hodgkin lymphoma.

  • March 23, 2026

    Stem Cell Clinic Accused Of Deceiving Patients

    An operator of clinics offering stem cell and plasma therapies lures in desperate patients for unproven treatments marketed as guaranteed cures with no-interest payments, according to a proposed class suit filed Monday in Miami.

  • March 23, 2026

    Nursing Home Atty Fees Axed Over Lack Of Proximate Cause

    A New Jersey appellate panel has ruled that an estate can't recover attorney fees under the state statute governing nursing home residents' rights because the jury in an underlying wrongful‑death and negligence trial found no damages tied to any statutory violation.

Expert Analysis

  • Risk Mitigation For Psychedelic Use In Reproductive Health

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    With the rising use of psychedelics among women of reproductive age and the absence of clear professional guidelines regarding risk labeling, healthcare providers and facilitators should adopt proactive, evidence-based approaches to mitigate malpractice liability risks, say Kimberly Chew at Husch Blackwell and Sara Shoar at the University of Southern California.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey discusses three notable Pennsylvania auto insurance developments from the third quarter, including the Third Circuit weighing in on actual cash value, a state appellate court opining on the regular use exclusion and state legislators introducing a bill to increase property damage minimums.

  • 10 Quick Tips To Elevate Your Evidence Presentation At Trial

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    A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.

  • Series

    Practicing Stoicism Makes Me A Better Lawyer

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    Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

  • Series

    The Biz Court Digest: Texas, One Year In

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    A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

  • Series

    Law School's Missed Lessons: Educating Your Community

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    Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

  • 5 Crisis Lawyering Skills For An Age Of Uncertainty

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    As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

  • Opinion

    It's Time For The Judiciary To Fix Its Cybersecurity Problem

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    After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

  • Identifying The Sources And Impacts Of Juror Contamination

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    Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Series

    Writing Novels Makes Me A Better Lawyer

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    Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

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