Personal Injury & Medical Malpractice

  • July 22, 2025

    Liberty Mutual Deems $1.58M Crash Suit 'Factually Flawed' 

    A Connecticut woman's lawsuit alleging Liberty Mutual is on the hook for the $1.58 million she won in a car crash case must be dismissed over numerous pleading deficiencies, the insurer has said in a court filing, arguing that "each of these five causes of action are fundamentally and factually flawed."

  • July 22, 2025

    Ohio Justices Accept AG's Bid To Limit Care For Trans Youths

    The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional. 

  • July 22, 2025

    Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules

    A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.

  • July 22, 2025

    Netflix Fired Atty For Reporting On 2 Senior Execs, Suit Says

    Netflix's ousted labor relations counsel filed a retaliation suit in California state court on Monday alleging she was fired after speaking up about sexual harassment and racial bias by two senior executives, and that she was passed over for job opportunities in favor of white colleagues. 

  • July 22, 2025

    NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit

    A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.

  • July 22, 2025

    YouTube, TikTok Poised To Beat 'Choking Challenge' Suit

    A California federal magistrate judge appeared inclined Tuesday to toss a proposed class action alleging YouTube's and TikTok's reporting features are defectively designed to overlook deadly "choking challenge" videos and similar dangerous content, noting that content moderation tools are typically shielded by Section 230, even if those tools "get it wrong."

  • July 22, 2025

    Pa. Gas Cos. Sued Over Heater Explosion That Killed 6

    Natural gas from a leaking pipeline allegedly filled the basement of a suburban Pittsburgh home, fueling an explosion that leveled three houses and killed six people in 2023, according to lawsuits filed Tuesday by the families of three victims.

  • July 22, 2025

    1st Circ. Nixes $15.5M Haitian Torture Judgment, Narrows Law

    The First Circuit has tossed a $15.5 million judgment awarded to the victims and survivors of political violence allegedly orchestrated by a former Haitian mayor, and narrowed the legal options for foreign nationals seeking damages for acts that occurred outside the United States.

  • July 22, 2025

    Ch. 11 Judge Escapes Energy Drink Co. Founder's Bias Suit

    A Florida bankruptcy judge was freed Tuesday from a suit alleging he was biased while presiding over the Chapter 11 case of the company behind Bang energy drinks. 

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    8th Circ. Axes Witness Tampering Verdict In Kidnapping Case

    The Eighth Circuit upheld the kidnapping conviction of a man who held a woman at gunpoint and forced her to drive across state lines, but it vacated his attempted witness tampering conviction, holding that there wasn't enough evidence.

  • July 22, 2025

    Boeing Says Calif. Ties Not Related To 737 Max Midair Blowout

    The Boeing Co. is asking a California federal court to throw out claims against it stemming from the midair blowout of a door plug on one of its 737 Max 9 jets, saying the plaintiffs have failed to show that the incident had anything to do with the company's ties to California.

  • July 21, 2025

    Fla. Atty Urges Toss Of Sean Combs' $50M Defamation Suit

    A Miami attorney urged a New York federal judge to toss Sean "Diddy" Combs' $50 million defamation suit alleging she perpetuated false claims of him sexually assaulting inebriated celebrities and minors on recorded video, saying the complaint fails to state a claim or back up accusations with facts. 

  • July 21, 2025

    Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

    The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.

  • July 21, 2025

    Enterprise Need Only Check License, Conn. Panel Rules

    Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.

  • July 21, 2025

    Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust

    Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.

  • July 21, 2025

    Baseball Training Co. Must Face Suit Over Mom's Injury

    Indiana's court of appeals ruled that a baseball training center cannot escape a lawsuit accusing the business of negligence after an admittedly unstable training screen fell over and caused a head injury to the mother of one of the trainees.

  • July 21, 2025

    Tesla Driver In Crash Says He Was 'Too Comfortable' With Car

    The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.

  • July 21, 2025

    Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned

    A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.

  • July 21, 2025

    Calif. Court Orders Drug Deal Retrial Over Mistaken Admission

    A California state appeals court on Monday demanded a new trial on drug dealing charges for a man who admitted to possessing cocaine while on probation, finding a trial court judge had erroneously admitted botched testimony the man gave in a probation hearing.

  • July 21, 2025

    How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout

    No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.

  • July 21, 2025

    Son Of Convicted Mich. Doc Ditches Fraudulent Transfer Case

    The son of a Michigan doctor accused of fraudulently selling property and sending money to his family to avoid paying a $35 million forfeiture and $5.2 million restitution related to his healthcare fraud conviction was dismissed from the government's fraudulent transfer lawsuit against his father on Monday.

  • July 21, 2025

    Pa. Hospital Can Shield Some Docs In Birth Injury Suit

    A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.

  • July 21, 2025

    EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit

    The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.

  • July 21, 2025

    Family Accuses Pizza Shop Of Failing To Prevent Fatal Beating

    The family of a line cook sued the restaurant, its owner and others in Pennsylvania court Friday, accusing them of goading a violent patron and failing to protect the cook from that patron, who allegedly beat him to death.

Expert Analysis

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • How Texas Bill Would Transform Noneconomic Damages

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    Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.

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