Personal Injury & Medical Malpractice

  • April 15, 2025

    Fla. Jury Awards $17M To Mother, Daughter Burned In Fire

    A Florida state court jury awarded a mother and daughter $17 million in damages for injuries they sustained in a 2022 apartment complex fire after a jury found the property manager and owner responsible for failing to locate an aerosol can that was left underneath an oven following renovations.

  • April 15, 2025

    DC Asks Judge To Narrow Nursing Home Ruling

    The District of Columbia urged a D.C. federal judge on Tuesday to narrow an injunction requiring it to do more to help disabled nursing home residents transition into the community, arguing the order reaches beyond the class of plaintiffs and is too vague.

  • April 15, 2025

    Novo Nordisk Seeks Toss Of Hospital's Insulin Pen Suit

    Novo Nordisk has told a Connecticut federal judge that a hospital in the state didn't show that the pharmaceutical company didn't warn nurses that its insulin pens are meant to be used with only one patient in a suit over a $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections.

  • April 15, 2025

    J&J, Others Say Asbestos Trusts Can't Purge Records

    A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.

  • April 15, 2025

    Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered

    A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.

  • April 15, 2025

    Mich. Healthcare Providers Urge Court To Keep Damage Caps

    Two of Michigan's largest healthcare providers told the state Supreme Court to uphold caps on medical malpractice damages, warning the justices of runaway verdicts and skyrocketing healthcare costs if the caps are lifted.

  • April 15, 2025

    Ga. Woman Says Baby 'Ripped Away' After Embryo Mix-Up

    A South Carolina fertility clinic has been hit with a lawsuit from a former patient alleging that its doctors placed the wrong embryo inside her — a fact she discovered only when she, a white woman, gave birth to a Black boy — only to have the baby "ripped away from her" by his biological parents after months of raising him as her own.

  • April 15, 2025

    NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told

    A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.

  • April 15, 2025

    NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide

    A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.

  • April 14, 2025

    Earthquake Briefly Interrupts Judge's Retrial In Wife's Killing

    The retrial for an Orange County judge who is accused of drunkenly shooting his wife to death in their home after an argument took a dramatic turn Monday morning when a 5.2-magnitude earthquake struck Southern California, shaking the courtroom and abruptly interrupting opening statements from the judge's attorney.

  • April 14, 2025

    9th Circ. Says $24M Punitive Damages In Jail Death Too Steep

    A jury correctly determined that a healthcare contractor was liable for the death of a woman in custody in a Washington jail, a split Ninth Circuit panel ruled Monday, but its $24 million award for punitive damages was excessive.

  • April 14, 2025

    Chubb Units Owe $9M For Sex Abuse Settlement, Court Told

    A former student of a Brooklyn private school said two Chubb units are on the hook for a $9 million settlement he entered into with the school to resolve sexual abuse claims, telling a New York federal court that the insurers unreasonably delayed and refused to settle his claims.

  • April 14, 2025

    Judge Says Barretts Needs Independence To Resolve Ch. 11

    A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.

  • April 14, 2025

    Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says

    Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.

  • April 14, 2025

    Chervon Moves Explosive Battery Suit To Ill. Federal Court

    Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC were hit with a proposed class action accusing them of selling lithium-ion batteries that overheated and, in some cases, caught fire, according to a complaint removed to Illinois federal court on Friday.

  • April 14, 2025

    Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs

    Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.

  • April 14, 2025

    Chiquita Wants New Trial In $38M Paramilitary Case

    Chiquita has told the Eleventh Circuit that the landmark $38 million verdict in a bellwether case in multidistrict litigation accusing the company of paying Colombian right-wing paramilitaries was the product of numerous errors by the district court, including an instruction that improperly gave jurors a "watered-down causation standard."

  • April 14, 2025

    Mich. Panel Says Car Insurance Fee Schedule Not Retroactive

    A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.

  • April 14, 2025

    3 Firms Sued By Freight Co. Over $18M Fatal Crash Judgment

    Three U.S. law firms botched their representation of a Canadian trucking company in Garden State personal injury lawsuits, resulting in a judgment of more than $18 million and excess attorney fees, according to a lawsuit filed in New Jersey state court.

  • April 11, 2025

    Boeing Birth Defect Cases Paused Until Wash. Appeals Ruling

    Lawsuits seeking to hold Boeing liable for birth defects sustained by children of the company's factory workers were put on hold, after a Washington state judge ruled that an appeals court must first decide if companies have a duty of care for the "not-yet-conceived offspring" of their employees.

  • April 11, 2025

    7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion

    A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.

  • April 11, 2025

    2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row

    A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.

  • April 11, 2025

    Water Park Dunked By $13M Asset Hold In Foot Injury Case

    A Connecticut water park must set aside more than $13.1 million to ensure funds are available to pay a patron who won a $9 million jury verdict after he cut his foot on a submerged metal disc, a Connecticut judge has ruled.

  • April 11, 2025

    WWE Fan Ends Suit Over Pyrotechnics Hearing Loss

    A Florida man who sued World Wrestling Entertainment alleging negligence over sustaining hearing loss after pyrotechnics went off next to him during a Friday Night Smackdown event in Orlando has dismissed his federal lawsuit on Friday after reaching a settlement, Connecticut federal court records show.

  • April 11, 2025

    Texas, Washington Immigration Firm Rivals Settle Suit

    A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.

Expert Analysis

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

    Excerpt from Practical Guidance
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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Courts Must Stick To The Science On Digital Addiction Claims

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    A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    A Federal Insurance Mandate For Private Aviation Is Overdue

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    A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

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