Personal Injury & Medical Malpractice

  • April 30, 2024

    Epstein Victims Must Disclose Names In FBI Suit, Judge Says

    A New York federal judge on Tuesday denied anonymity to 12 survivors of sexual predator Jeffrey Epstein in their lawsuit alleging the FBI ignored numerous tips that Epstein was running a sex trafficking ring, saying the victims failed to support claims they would suffer irreparable harm if their identities were revealed.

  • April 30, 2024

    Chiquita Capitalized On Colombian War, Victims' Families Say

    Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.

  • April 30, 2024

    'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules

    Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.

  • April 30, 2024

    'Vanderpump' Stars Want 'Scandoval' Revenge Porn Suit Axed

    "Vanderpump Rules" cast members Tom Sandoval and Ariana Madix have asked a California court to toss revenge porn and invasion of privacy claims brought by former cast member Rachel Leviss following the show's viral "Scandoval" cheating scandal, saying Leviss' claims are false and "an abuse of the legal process."

  • April 30, 2024

    Migrant Families, Biden Admin Settle Separation Suit

    The Biden administration has inked deals resolving two lawsuits from migrant parents who claim to be experiencing lasting emotional damage after being separated from their children under a Trump-era policy.

  • April 30, 2024

    Truck Driver Wins $12M In Illinois Crash Case

    An Illinois state jury hit a pipeline construction company with a $12 million verdict over claims that one of its drivers rear-ended a semitruck driver, causing a spinal injury and lifelong pain.

  • April 30, 2024

    Watchdog Says USA Swimming Indemnity Suit Has No Basis

    A nonprofit watchdog overseeing reports of sexual abuse in U.S. sports has urged a Colorado state judge to toss an indemnification suit by USA Swimming, claiming there is no contract between them, much less one requiring the watchdog to pay for separate litigation in Washington state.

  • April 30, 2024

    Texas Doctor Can't Get Expert Report Tossed In Suicide Suit

    A Texas appeals court on Tuesday refused to dismiss a mother's suit alleging a doctor and medical center failed to properly treat her son's depression, saying the expert report is sufficient in laying out how the doctor's alleged negligence led to the son's suicide.

  • April 30, 2024

    Drug Company Can't Escape Texas Counties' Opioid MDL

     A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.

  • April 30, 2024

    3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost

    The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    Dust Spray Maker Hit With $7.75M Verdict Over Fatal DUI

    The maker of aerosol dust remover has been ordered by a Minnesota federal jury to pay $7.75 million to the husband of a woman who was killed in a car accident by a truck driver who huffed the spray before getting behind the wheel.

  • April 30, 2024

    Judge Tosses LTL's Suit Over Article Linking Talc To Cancer

    A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.

  • April 30, 2024

    Pa. Schools Say Railcar Cos. Must Face Derailment Claims

    Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.

  • April 30, 2024

    Camp Lejeune Litigants Balk At Bellwether Pick Process

    The leadership group for former residents of Camp Lejeune who claim that contaminated drinking water caused their diseases has told the North Carolina federal court overseeing their case that it's too soon to limit trials to just plaintiffs who allege only one disease.

  • April 30, 2024

    City Says Workers' Comp Ends $50M Ship Fire Death Suit

    The city of Newark, New Jersey, is seeking to toss a $50 million wrongful death lawsuit brought by the families of two firefighters who died in July aboard a burning cargo ship, arguing that accidents that occur in the course of employment are matters to be resolved through the workers' compensation process, not the federal courts.

  • April 30, 2024

    Georgia EMS Co. Rife With Harassment And Abuse, Suit Says

    An Atlanta-based EMS provider was hit with a lawsuit by a former paramedic who says in under one year with the company, she faced a workplace rife with sexual harassment, domestic abuse, medical malpractice, retaliation and white supremacist affiliations.

  • April 30, 2024

    Apple Says Astroworld Trial Is Halted For Pretrial Loss Appeal

    Apple told a state court Monday that the first trial in litigation stemming from the 2021 Astroworld crowd crush is automatically stayed while it appeals a Houston judge's denial of its bid for a pretrial win in a move that the victims called a "bad-faith, desperate attempt" to "derail" the proceedings less than a week before jury selection is set to begin.

  • April 30, 2024

    Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit

    An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.

  • April 30, 2024

    Trial Set For Lin Wood's Ex-Partners' Defamation Suit

    Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.

  • April 29, 2024

    Radiologist Can't Opine On Surgeon Standards, Court Says

    A woman can't maintain a medical negligence suit against a vascular surgeon for allegedly failing to identify a pseudoaneurysm in her leg, which later became infected, a Minnesota appeals court ruled on Monday, saying the patient's medical expert was properly disqualified.

  • April 29, 2024

    House Passes Bill To Curb Online Child Exploitation

    The House by voice vote passed a bipartisan bill on Monday night aimed at better curbing online child sexual exploitation by improving the nation's centralized reporting system, which now goes to the president's desk.

  • April 29, 2024

    5th Circ. Ponders If There Were Claims In 'Patient Mistake' Suit

    If an insurer says there's no claim, might a claim still have been made, a skeptical Fifth Circuit panel pondered at oral arguments Monday, considering whether a healthcare company's settlement paid for mistakenly approving out-of-state treatment of a Florida Medicaid patient was covered by insurance.

  • April 29, 2024

    Diddy Calls 1991 Rape Claim 'False, Offensive And Salacious'

    Sean "Diddy" Combs has asked a New York court to trim one of the multiple sexual assault suits he is facing, calling plaintiff Joi Dickerson-Neal's allegations of a 1991 rape "false, offensive and salacious."

  • April 29, 2024

    Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit

    The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

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