Personal Injury & Medical Malpractice

  • May 28, 2025

    Justices Told Del. Expert Law Doesn't Apply In Federal Court

    A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.

  • May 28, 2025

    Mich. Top Court Won't Hear Shooting Victim Families' Appeal

    The Michigan Supreme Court on Wednesday said it would not hear appeals from families of students killed or affected by the 2021 Oxford High School shooting, effectively ending their cases alleging the school and its employees were negligent in failing to prevent the killings.

  • May 28, 2025

    Execs Smuggled Billions In Goods To Skirt Duties, Feds Say

    Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.

  • May 28, 2025

    Woman Filed Kidney Failure Suit In Time, NJ Panel Says

    A group of urologists can't escape a woman's malpractice suit accusing them of misdiagnosing her bladder condition and ordering procedures that severely injured her, a New Jersey appeals court has ruled, saying that the statute of limitations on her claims was tolled until she discovered the real problem with her bladder.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

  • May 28, 2025

    Justices Seek SG's Take On Falun Gong Case Against Cisco

    The U.S. Supreme Court has asked the solicitor general to weigh in on an Alien Tort Statute suit revived by the Ninth Circuit and lodged by a class of Falun Gong practitioners alleging that Cisco Systems aided in the Chinese government's crackdown on the religious movement.

  • May 28, 2025

    Liberty Mutual, Travelers Reach Deal In NYU Injury Dispute

    Liberty Mutual and Travelers have reached a settlement in a dispute over coverage for a construction company sued by a New York University employee who was injured when he fell through an unused elevator shaft during a renovation project, according to a notice filed in Connecticut federal court Wednesday.

  • May 28, 2025

    Ex-WWE Exec To Aid Accuser In Suit Against Vince McMahon

    A former World Wrestling Entertainment executive named by a former staffer in a graphic sexual assault and trafficking suit will now cooperate with the staffer against WWE and co-founder Vince McMahon after he was dismissed from the suit Wednesday.

  • May 28, 2025

    Alex Jones Is 'Defending Journalists,' Texas Court Hears

    A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.

  • May 28, 2025

    China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

    A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.

  • May 27, 2025

    OneTaste Co-Founder Tells Jury Of Group's Pressure Tactics

    The co-founder and former chief operating officer of OneTaste on Tuesday testified that he and ex-CEO Nicole Daedone manipulated adherents of the sexual wellness company's teachings and described how psychological pressure was used to keep workers in line, as the trial of its former top executive and the head of sales entered its third week. 

  • May 27, 2025

    Philly Children's Hospital Can't Undo $11.6M Med Mal Award

    A Pennsylvania appeals court panel on Tuesday affirmed an $11.6 million award in a suit accusing the Children's Hospital of Philadelphia of partially causing the death of a 4-year-old boy, saying there was sufficient evidence to support the jury's verdict.

  • May 27, 2025

    11th Circ. Says Producer's Defamation Claims Came Too Late

    The Eleventh Circuit refused Friday to revive a movie producer's defamation suit against The Hollywood Reporter over its article on his feud with a former business partner, ruling that a district court correctly applied California's statute of limitations, rather than Florida's, to dismiss the suit.

  • May 27, 2025

    Philips Can't Nix Suit Over Sleep Machine Catching Fire

    Medical equipment company Philips cannot end a lawsuit claiming its sleep apnea breathing machine caught fire in the middle of the night, burning a woman's face and consuming her home, a North Carolina federal judge ruled, saying the adult daughter of the victim, who died due to an unrelated illness, can remain the plaintiff.

  • May 27, 2025

    Bayer, Monsanto On Hook For $611M Roundup Cancer Awards

    A Missouri appellate panel Tuesday affirmed a trial court's $611 million award reduced from a jury's $1.56 billion verdict for three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, saying a law professor's testimony about a Ninth Circuit decision was not prejudicial.

  • May 27, 2025

    NC Justices Say Doc Is Employee, Not Official With Immunity

    The North Carolina Supreme Court has overturned an appeals court decision that a University of North Carolina professor had public-official immunity in a defamation suit over an investigation into a colleague's going-away party, holding he is an employee of a public agency, not a public official entitled to immunity.

  • May 27, 2025

    Tort Report: 'High-Low' Deal Nets Plaintiff Extra $10M

    A last-minute "high-low" agreement that turned out to be a stroke of genius by lawyers for an injured motorcyclist and a $26 million verdict for a crash caused by a postal worker lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 27, 2025

    Expert Says DuPont Knew Of PFAS Risk At NJ Site

    A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.

  • May 27, 2025

    Fla. Judge Pauses Suit Over Baseball Player's Death

    A Florida state court judge on Tuesday ordered a temporary halt to a lawsuit alleging medical malpractive against a Minnesota Twins physician over the death of a minor league baseball player, pausing the case while an order denying immunity for the doctor is appealed.

  • May 27, 2025

    Latest Junior Hockey Players' Abuse Suit Against NHL Tossed

    An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.

  • May 27, 2025

    Ga. Firms Accused Of Misleading Client After Crash Suit Error

    A Georgia couple said two personal injury law firms wrongly left out the accused driver's employer — which had $2.5 million in insurance coverage — as a defendant and fraudulently convinced them to delay a legal malpractice claim.

  • May 27, 2025

    LA County, Pasadena Shirking Eaton Fire Inspections, Suits Say

    Two groups of California renters took to state court to sue Los Angeles County and the city of Pasadena for failing to properly inspect their homes after the Eaton Fire and for not making property owners decontaminate them.

  • May 27, 2025

    Justices Skip Law Firm's TM Appeal Over Rival's Google Ads

    The U.S. Supreme Court on Tuesday denied an appeal from personal injury law firm Lerner & Rowe PC to review a Ninth Circuit decision that a rival did not infringe its trademarks by using the firm's name in keyword advertising with Google.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    Group Asks 5th Circ. To Clarify Freight Broker Negligence

    Truck safety advocates asked the Fifth Circuit on Friday to preserve state-law personal-injury claims against freight brokers, weighing in on a dispute that alleges Penske Logistics LLC is liable for negligently hiring an unsafe motor carrier that caused a fatal 2018 accident in Texas.

Expert Analysis

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • How Labeling And Testing May Help Reduce PFAS Litigation

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    As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

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