Personal Injury & Medical Malpractice

  • April 23, 2024

    Insurer Wants Out Of Skate Rink Rape Suit Coverage

    A Selective Insurance Group affiliate on Monday asked a Georgia federal court to find it has no duty to defend an Atlanta-area skate rink where an employee allegedly kidnapped and raped an unaccompanied child in the aftermath of a shooting last year.

  • April 23, 2024

    NY Panel Partially Revives Chubb, Archdiocese Abuse Row

    A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.

  • April 23, 2024

    Denver Wants Law Firm To Turn Over Docs For Fraud Probe

    Fraud investigators for Denver Human Services have asked a state judge to force personal injury firm Ramos Law to provide employment records for one of the firm's case managers, saying the law firm has not yet provided records in response to subpoenas.

  • April 23, 2024

    New York Jets, Player Sued Over New Jersey Car Crash

    A New Jersey man who was seriously injured in 2022 when his car was run off the road by a car driven by New York Jets cornerback Brandin Echols has sued the player and the team in New Jersey state court for negligence, assault by auto and violation of his civil rights.

  • April 23, 2024

    Boies Schiller Attys For Epstein Victims Beat Sanctions Bid

    A New York federal judge on Tuesday evening rejected a request by associates of Jeffrey Epstein to sanction Boies Schiller Flexner LLP's chair and a co-managing partner, while also denying the Boies Schiller attorneys' subsequent motion to sanction the Epstein associates' counsel.

  • April 23, 2024

    Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told

    A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.

  • April 23, 2024

    DOJ Unveils $139M Deal For Larry Nassar Victims

    The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.

  • April 22, 2024

    Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims

    Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.

  • April 22, 2024

    T-Mobile Can't Dodge Stolen Nude Photos Suit

    T-Mobile can't dodge most of a suit seeking to hold the mobile behemoth liable for allegations that one of its employees stole nude photos from a customer's phone, which she turned in as part of a trade-in offer, a Washington federal court has ruled.

  • April 22, 2024

    Colo. Justices Clarify Med Mal Damages Cap Calculation

    The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.

  • April 22, 2024

    Los Angeles Sues 3M, DuPont Over 'Forever Chemicals'

    The city of Los Angeles is the latest to sue 3M, DuPont and other chemical companies over contamination caused by "forever chemicals," saying the substances from firefighting foam leech into the environment and that the companies "should pay to help clean up the mess that they created."

  • April 22, 2024

    Jury Hears Of Torture As Abu Ghraib Contractor Trial Wraps

    After six days of trial and three hours of deliberation, the jury for a suit accusing military contractor CACI International of conspiring to commit torture at the Abu Ghraib military prison in Iraq recessed without a verdict Monday.

  • April 22, 2024

    Axl Rose Wants Model's 'Salacious' Sex Assault Suit Axed

    Guns N' Roses lead singer Axl Rose has asked a New York state court to throw out a former Penthouse model's civil suit claiming he sexually assaulted her in a hotel in the late 1980s, arguing that the interaction was consensual and calling the claim "salacious, inflammatory and false."

  • April 22, 2024

    Alex Jones' InfoWars To Have Key Ch. 11 Plan Hearing In June

    A Texas bankruptcy judge on Monday rescheduled to June 14 a key hearing on how the court should handle Alex Jones' media company Free Speech Systems LLC's Chapter 11, adding that he plans to keep the separate but interwoven bankruptcies of Jones and his company moving forward.

  • April 22, 2024

    Social Media MDL Attys Ordered To Sort Out Confidentiality

    A California federal judge presiding over discovery in multidistrict litigation over whether social media platforms' design is addictive warned parties at a hearing Monday not to ask him to resolve disputes over confidentiality designations, asking repeatedly, "Why do they matter?" and saying, "These are the kinds of things that lawyers should work out."

  • April 22, 2024

    Ship Captain Can't Get New Trial Over Boat Fire That Killed 34

    A California federal judge on Monday denied a new trial bid by a captain convicted of manslaughter in connection with a deadly boat fire, rejecting his argument that the judge issued an erroneous jury instruction, causing the jury to overlook a lesser alternative charge of gross negligence endangering a person's life.

  • April 22, 2024

    Father Asks Texas High Court To Take Up Gun Suicide Case

    The father of a woman who died by suicide has asked the Texas Supreme Court to review the dismissal of his suit against a gun company, saying there were clear signs that his daughter was experiencing mental health problems and should not have been sold a weapon.

  • April 22, 2024

    Mich. Justices To Settle When Juries Make Crash Injury Call

    Michigan's Supreme Court has said it would hear oral arguments in the case of a teen whose college baseball prospects may have been cut short by a car crash, as the court considers who should decide if an injury is serious enough to support a claim against the at-fault driver.

  • April 22, 2024

    J&J Hit With $45M Talc Verdict In Illinois Cancer Trial

    An Illinois state jury has awarded $45 million to the estate of a woman who died from mesothelioma after using Johnson & Johnson's talc-based baby powder for years, finding that her exposure to asbestos fibers in the powder led to her cancer.

  • April 22, 2024

    Estate Rep, Not Trustee, Ruled Proper Defendant In Death Suit

    A Minnesota appeals panel has thrown out a wrongful death suit filed by the daughter of a passenger killed in a car-motorcycle crash, saying that under state law she needed to file the suit against the personal representative of the driver's estate, not its trustee.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    Astroworld Victims Push For More Travis Scott Cell Data

    Victims of Travis Scott's fatal Astroworld festival have made another push to access the rapper's cellphone records ahead of trial, telling the court Monday that defense attorneys "self-selected" search terms for the rapper's texts that are too narrow to capture communications he sent before and after the tragedy.

  • April 22, 2024

    Dentist Must Face Harassment Suit, Mass. Panel Says

    A Massachusetts appellate panel on Monday revived claims that a dentist sexually harassed a female patient during a visit by allegedly making inappropriate comments and then purposely breaking her tooth after she rebuffed his advances.

  • April 22, 2024

    Man Keeps $1.8M Verdict In Calif. Auto Crash Injury Suit

    A California appeals court won't upend a nearly $1.8 million verdict in favor of a man who said he was injured following a low-speed automotive rear-ending, saying the evidence was enough for the jury to conclude his active lifestyle was effectively ended by injuries from the crash.

  • April 22, 2024

    Houston Megachurch Enabled Predatory Pastor, Victims Say

    Several women say a Baptist megachurch in Houston and the Southern Baptist Convention enabled and encouraged a sexual predator to work as a youth minister and even tipped him off about a police investigation, according to a suit in Texas state court Friday.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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