Personal Injury & Medical Malpractice

  • 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.

  • April 11, 2025

    Camp Lejeune Plaintiffs Challenge Gov't Expert Site Visit

    Veterans and family members suing the federal government over injuries from toxic drinking water at Camp Lejeune have urged a North Carolina federal judge to exclude information from an expert's February visit to the base, arguing it was made after a court deadline.

  • April 11, 2025

    Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer

    In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.

  • April 11, 2025

    Ex-Abercrombie CEO Declared Unfit For Trial Due To Dementia

    New York federal prosecutors and lawyers for former Abercrombie & Fitch Co. CEO Michael Jeffries have determined he is suffering from dementia and is currently unfit to stand trial on sex trafficking charges, according to a court filing.

  • April 11, 2025

    Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit

    Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.

  • April 11, 2025

    Ex-Girardi CFO Gets 10 Years For 'Devastating' Fraud

    A California federal judge sentenced Girardi Keese's former chief financial officer to just over 10 years in prison Friday for aiding firm leader Tom Girardi's $15 million client theft scheme while also embezzling $6 million for himself, saying the two interrelated schemes "had devastating and far-reaching effects."

  • April 10, 2025

    Monsanto Can't Nix PCB Expert From 11th Seattle School Trial

    A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.

  • April 10, 2025

    Jury To Hear Judge Had 48 Guns In Retrial Over Shooting Wife

    Jurors in the upcoming retrial of a California jurist accused of murdering his wife while intoxicated can hear that he had 48 firearms and thousands of ammunition rounds in his home, after the presiding judge ruled Thursday it was relevant to show he committed an intentional act he knew was inherently dangerous.

  • April 10, 2025

    Trump Gets Some Central Park 5 Defamation Claims Clipped

    A Pennsylvania federal judge on Thursday trimmed claims from the Central Park Five's defamation lawsuit against President Donald Trump but said that the men, wrongfully convicted of assault and rape 35 years ago, could refine their allegations in another complaint.

  • April 10, 2025

    ICE Doctor's Defamation Suit Can Stand For Now, Judge Says

    A Georgia federal judge has refused to toss a defamation lawsuit filed by a former immigration facility doctor who alleged he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.

  • April 10, 2025

    Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery

    The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.

  • April 10, 2025

    Soulja Boy's Ex-Assistant Wins $4.25M At Trial Over Abuse

    A jury in California state court held Thursday that the rapper known as Soulja Boy must pay $4.25 million for physically and sexually abusing his live-in personal assistant for nearly two years, according to the plaintiff's counsel.

Expert Analysis

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

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    In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.

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