Personal Injury & Medical Malpractice

  • January 23, 2026

    Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN

    A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.

  • January 23, 2026

    Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'

    The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.

  • January 23, 2026

    Ohio Panel Says No Expert Needed In Botched Surgery Suit

    An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.

  • January 23, 2026

    Fla. Panel Says Court Properly Denied Acquittal In DUI Death

    A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck. 

  • January 23, 2026

    Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause

    The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.

  • January 23, 2026

    Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says

    A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision. 

  • January 23, 2026

    Iowa Justices Won't Revive Nursing Home COVID Death Suit

    The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.

  • January 23, 2026

    Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion

    Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.

  • January 22, 2026

    TikTok Seals Joint Venture Deal For US Operations

    TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.

  • January 22, 2026

    Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor

    The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.

  • January 22, 2026

    Iran Sued For Alleged Role In Deadly Jordan Drone Attack

    The families of three U.S. soldiers killed in a drone attack orchestrated by alleged terrorists at a military installation in Jordan sued the Islamic Republic of Iran in D.C. federal court on Thursday seeking to recover monetary damages for the deaths of their loved ones.

  • January 22, 2026

    Transportation Cases To Watch In 2026

    Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.

  • January 22, 2026

    6th Circ. Clears 911 Dispatch Of Failure To Stop Murder

    Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."

  • January 22, 2026

    7th Circ. Says Mower-Maker Toro Must Face Amputation Suit

    The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.

  • January 22, 2026

    11th Circ. Reopens Telemundo Sexual Harassment Claims

    The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.

  • January 22, 2026

    Meta Fights Late Data Request In Instagram Addiction Suit

    Meta Platforms has told a judge that Massachusetts' attorney general should not be allowed to fill what the company said are holes in the state's Instagram addiction lawsuit with a late subpoena for records from two of its own health agencies.

  • January 22, 2026

    La. Firm Inks PE Deal To Form Legal Managed Services Org

    A Louisiana personal injury firm has signed an agreement to take private equity investment using a managed services organization, according to an announcement Thursday, one of the few firms to openly acknowledge taking private equity money amid rising interest throughout the industry.

  • January 22, 2026

    Md. Judge Keeps Ship Manager Liability Shield Bid Alive

    A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.

  • January 22, 2026

    Agency Not Covered For Injury Suit Over Fraud, Carrier Says

    A construction policy insurer agency and its owner aren't owed coverage for an underlying personal injury lawsuit, its professional liability carrier told a New York federal court, alleging a third-party lawsuit accusing the owner of fraud and misappropriating insurance funds triggered an exclusion in its professional liability policy. 

  • January 21, 2026

    Chicago To Pay $22M For Officer's Fatal Vehicle Pursuit

    The city of Chicago is set to pay $22 million to the family of a 25-year-old man who died after a teenager fleeing police crashed into his car as an officer pursued the vehicle against city policy, the family's attorneys announced Wednesday.

  • January 21, 2026

    EXp Brass Can't Shake Claims It Ignored Sexual Misconduct

    The Delaware Chancery Court has allowed the bulk of a shareholder lawsuit against eXp World Holdings Inc. to proceed, saying it is reasonable to infer the real estate brokerage's board "effectively did nothing" in response to red flags about widespread allegations of drugging, rape and sexual assault.

  • January 21, 2026

    Costco Nears Settlement With Insurer Over Store Injury Claims

    A Hartford unit has reached a tentative deal with Costco to end claims that the insurer wrongfully refused defense coverage for a lawsuit by a customer allegedly hurt while trying to move a grill box at a California store, according to a Wednesday filing in Seattle federal court.

  • January 21, 2026

    Court Rejects Sanctions In Venezuelan Oil Defamation Case

    A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.

  • January 21, 2026

    Texas AG Launches Investigation Into Vaccine Incentives

    The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."

  • January 21, 2026

    Firm Seeks To Toss Suit Alleging Hurricane Claim Fee Scheme

    A law firm urged a Louisiana federal court Wednesday to toss a proposed class action over an alleged scheme to collect exorbitant fees on hurricane-related property insurance claims, saying the complaint fails to plead a certifiable class and involves a "smorgasbord" of individualized legal malpractice claims.

Expert Analysis

  • Opinion

    $40M Award Shows Hospitality Cos. Can't Ignore Trafficking

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    A Georgia federal jury's recent verdict in J.G. v. Northbrook Industries, ordering a hospitality company to pay $40 million to a woman who was sex-trafficked at one of its motels while she was a teenager, sends a powerful message that businesses that turn a blind eye to such activities on their property will pay a price, say attorneys at Singleton Schreiber.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • Ruling Offers Insurers A Path To Settle Sans Insured Consent

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    A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Opinion

    Aviation Watch: Liability Lessons From 737 Max Blowout

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    The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

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