Personal Injury & Medical Malpractice

  • July 10, 2025

    Oakley Says MSG Ignoring 2nd Circ. Mandate In Assault Case

    Former New York Knicks player Charles Oakley told a federal judge Tuesday that it should reject Madison Square Garden's latest attempt to have his assault and battery claims tossed, arguing the Second Circuit already determined that only a jury can resolve the dispute.

  • July 09, 2025

    Uber Gets Some Driver Sex Assault Bellwether Claims Tossed

    The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.

  • July 09, 2025

    Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers

    A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.

  • July 09, 2025

    Senate Confirms Airline Executive To Lead FAA

    The U.S. Senate Wednesday largely voted along party lines to confirm President Donald Trump's nominee to lead the Federal Aviation Administration.

  • July 09, 2025

    2nd Circ. Backs Convictions For $150M 'Psychic' Fraud

    The Second Circuit upheld Wednesday a Canadian man's 10-year prison sentence and fraud convictions stemming from a decades-long $150 million direct mailing psychic scheme that defrauded elderly victims, ruling there was sufficient evidence he intended to harm his customers who received something different from what was advertised. 

  • July 09, 2025

    Split 9th Circ. Upholds Death Sentence In Murder Case

    An Arizona man who authorities say was a white supremacist lost a bid to overturn his death penalty sentence for killing his roommates — one of whom was pregnant — after a split Ninth Circuit panel found Wednesday that his trial attorney's performance did not violate his rights.

  • July 09, 2025

    'Cookie-Cutter' Slip-And-Fall Suit Against Walmart Settled

    Weeks after personal injury law firm Simon & Simon PC was chastised by a Pennsylvania federal judge for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart, the plaintiff's counsel have notified the court that a deal was reached ending the claims.

  • July 09, 2025

    Costco Says Insurer Owes Defense In Heavy Box Injury Suit

    A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.

  • July 09, 2025

    Law Firm Sues Over 'Spartan Law' Trademark Dispute

    A Georgia law firm has filed suit against a California attorney who purports to own the trademark for "Spartan Law" in association with legal services, alleging that he threatened to sue the firm for trademark infringement despite it not being liable for any.

  • July 09, 2025

    $2.5M Awarded In Suit Over Fatal Shooting After Pot Delivery

    A California state judge awarded a $2.5 million default judgment to the mother of a teenager who was fatally shot by a man who delivered him marijuana, allegedly ordered from the website Weedmaps.

  • July 09, 2025

    Insurer Rejects Coverage For Ind. Federal Antitrust Suit

    An insurer for a digging and pipe services company told an Indiana federal court it should owe no coverage for a civil antitrust lawsuit, pointing in part to an exclusion barring coverage for "personal and advertising injury" arising from the "access or disclosure of confidential or personal information."

  • July 09, 2025

    Mich. Justices Nix Ruling On ER Doctor-Hospital Agency

    The Michigan Supreme Court on Wednesday reversed an appeals court's decision tossing a woman's vicarious liability claim against William Beaumont Hospital, finding she did not need to show she relied on a specific representation from the hospital to establish an ostensible agency relationship between the hospital and her treating doctor.

  • July 09, 2025

    ABA Says Unlawful Discriminatory Jury Selection Breaks Rule

    Lawyers may not knowingly engage in unlawful juror discrimination under the cover of "legitimate advocacy," the American Bar Association Standing Committee on Ethics and Professional Responsibility said in a formal opinion released Wednesday, finding that doing so violates prospective jurors' equal protection rights.

  • July 09, 2025

    Girardi Keese CFO's Chicago Plea Derails Over Repayment

    A Chicago plea and sentencing hearing for law firm Girardi Keese's already-imprisoned former financial chief was abruptly halted Wednesday after his attorney flagged a dispute over whether both restitution and forfeiture should be ordered for his client's role in helping Tom Girardi steal millions from clients.

  • July 09, 2025

    Transport Co. Not Covered In Crash Suits, Judge Says

    A transportation company is not entitled to coverage for personal injury suits stemming from a crash involving a trucking shipment, a Pennsylvania federal court has ruled, saying coverage is excluded because the company was listed on the bill of lading for the shipment.

  • July 08, 2025

    Product Liability Cases To Watch In 2nd Half Of 2025

    The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.

  • July 08, 2025

    Copter Pilot's Death Suit Revived By 4th Circ. After Rehearing

    The Fourth Circuit has once again reinstated a lawsuit by the widow of a crop-dusting pilot whose helicopter became tangled in a steel cable stretched over the property, causing him to crash, ruling that a jury must be the one to decide whether the landlord should have known that the wire posed a danger, according to a published opinion issued Tuesday following a rehearing.

  • July 08, 2025

    11th Circ. Asked To Rehear Carnival Cruise Sex Assault Case

    A teenage passenger has urged the Eleventh Circuit to reconsider its ruling absolving Carnival Corp. of liability for her onboard sexual assault, arguing that the cruise line knew of over 100 prior passenger-on-passenger assaults but failed to take simple steps like implementing curfews or adding security to protect minors.

  • July 08, 2025

    Fla. Addiction Center Must Face Trial In Teen Death Suit

    A Florida state court has found that an addiction treatment center must face negligence claims in a suit from parents of an 18-year-old who died after leaving the facility, holding there are factual questions about whether the center had a duty to him and whether a breach of that duty caused his death.

  • July 08, 2025

    Ex-Knick Oakley Slams MSG's 'Incoherent' Sanctions Motion

    Former New York Knicks player Charles Oakley has called a bid by the owners of Madison Square Garden for monetary sanctions "borderline incoherent" and made his own sanctions request in a lawsuit that accuses the venue of assaulting and humiliating him.

  • July 08, 2025

    Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death

    A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.

  • July 08, 2025

    NY Lawyer Wants Jay-Z's Claims In Suit Against Buzbee Tossed

    A New York City lawyer wants a court to dismiss allegations that she took part in a conspiracy with prominent attorney Tony Buzbee to extort Shawn "Jay-Z" Carter via a since-dropped rape case, arguing that the hip-hop mogul's claims against her were brought in an improper forum and that he failed to state a claim.

  • July 08, 2025

    Abuse Reporting Experts See Flaws In Texas HIPAA Ruling

    A Texas federal court ruling that invalidated a Biden-era reproductive health privacy rule has perplexed mandatory reporting experts who say it clearly misconstrues the law around doctors' duties to report child abuse and neglect.

  • July 08, 2025

    11th Circ. Says Circumstantial Proof Backs Gun Conviction

    The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.

  • July 07, 2025

    Fox Rothschild Seeks To Exit NJ Case Over Litigation Funding

    Fox Rothschild LLP urged a New Jersey state court on Monday to toss claims brought by a couple injured in a vehicle crash alleging they were unlawfully steered to cover medical expenses with high-interest loans from the law firm's litigation funder client, saying its involvement was limited to a "tangential, representative role."

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.

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    A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.

  • Tesla's Robotaxi Push Exposes Gaps In Product Liability Law

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    As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • 8 Insurer Takeaways From Sweeping Georgia Tort Reform

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    Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • 3 Juror Psychology Principles For Expert Witness Testimony

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    Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

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