Personal Injury & Medical Malpractice

  • April 02, 2025

    Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits

    An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.

  • April 02, 2025

    Parents, Distributor Settle Suit Over Baby Lounger Death

    The distributor of an infant lounger and a Texas couple who allege that their 7-month-old daughter died after falling out of the device told a Texas federal court this week that they had reached a deal in the parents' suit.

  • April 02, 2025

    Client Says Colo. Injury Attys Didn't Tell Him About Settlement

    A personal injury plaintiff is suing his former attorneys and their Colorado law firm for malpractice after they allegedly failed to notify him of a settlement offer in time, forcing the case to trial where jurors issued a verdict that was less than the settlement offer.

  • April 02, 2025

    Shooting Victim Can't Get $1M Under Policy, Berkshire Says

    A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.

  • April 02, 2025

    Zoll Gets Parts Of Data Breach Class Action Tossed

    A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.

  • April 02, 2025

    Central Park 5 Took Trump's Words Out Of Context, Court Told

    A lawyer for President Donald Trump urged a federal judge Wednesday to dismiss a defamation lawsuit from the "Central Park Five," saying his remarks during a 2024 debate that the five wrongly convicted men had pled guilty to assaulting and raping a woman in 1989 — when in reality they maintained their innocence — were taken out of context.

  • April 02, 2025

    CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts

    CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.

  • April 02, 2025

    Topgolf Readies For $15M Trial Over Injured Oregon Child

    Topgolf and the parent of a minor who was struck in the face by a golf club at an Oregon location traded barbs Tuesday over allowed evidence as the parties prepare for a trial to determine whether the business's alleged negligence is responsible for the injury.

  • April 02, 2025

    No-Fault Tolling Not Retroactive, Mich. Justices Say

    The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.  

  • April 02, 2025

    Feds Dodge Mom's $25M Med Mal Suit Over Son's Death In NC

    The federal government won't have to face a mother's $25 million suit claiming the doctors at a government-funded hospital failed to properly diagnose and treat her 39-year-old son prior to his death, a North Carolina federal judge has ruled.

  • April 02, 2025

    Baltimore Diocese Abuse Claimants Sue Over Immunity Bid

    Childhood sex abuse claimants are suing the bankrupt Archdiocese of Baltimore in a bid to stop the Catholic organization from using a charitable immunity defense to avoid paying claims that aren't covered by the debtor's insurance, urging a Maryland federal judge to declare that the defense isn't available in the bankruptcy case.

  • April 02, 2025

    Norfolk Southern Investors Appeal Train Derailment Ruling

    Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.

  • April 02, 2025

    Fla. Litigation Funder Must Face NJ Lawyer's Counterclaim

    A Florida-based litigation funder pursuing an $18 million breach of contract suit against a New Jersey lawyer must face the bulk of a countersuit alleging the business reneged on an agreement to secure funding for nationwide personal injury cases.

  • April 02, 2025

    Justices Broaden RICO Reach To Personal Injuries

    The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.

  • April 02, 2025

    Supreme Court Backs FDA Block Of Flavored Vapes

    The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.

  • April 01, 2025

    PacifiCorp Owes Another $36M After Latest Wildfire Trial

    An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.

  • April 01, 2025

    High Court Probes Jurisdiction In Terrorism Victims' Lawsuit

    The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.

  • April 01, 2025

    Norfolk Southern Asks Jury To Spread Blame For Ohio Crash

    Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.

  • April 01, 2025

    Ruger Seeks Dismissal Of Colorado Mass Shooting Lawsuits

    Family members who lost loved ones in a mass shooting at a Colorado grocery store can't prove that Sturm Ruger & Co.'s marketing of an AR-style weapon is what inspired the gunman to violence, the firearms manufacturer argued, saying without this link the claims must be dismissed.

  • April 01, 2025

    Berkshire Unit Denied Reimbursement For Asbestos Coverage

    Two excess insurers for a drywall company have no duty to reimburse another excess insurer for payments it made to settle two asbestos injury lawsuits, a Texas federal court ruled, finding those lawsuits didn't allege an occurrence within the two excess insurers' policy periods.

  • April 01, 2025

    Gun Shield Law Preempts Pennsylvania Parents' Liability Suit

    Firearms manufacturer Springfield Armory Inc. can't be held liable for a boy's death caused after a fellow minor inadvertently shot him, the Pennsylvania Supreme Court has ruled, finding constitutional a federal law that shields gunmakers from product liability litigation involving incidents where their products are used during criminal acts.

  • April 01, 2025

    11th Circ. Urged To Grant New Trial Over Electroshock Injury

    A Nebraska man urged the Eleventh Circuit on Tuesday to grant a new trial over his claims that he sustained brain damage after undergoing multiple sessions of electroconvulsive shock therapy, arguing that the lower court committed at least three errors that warrant reversal on independent grounds.

  • April 01, 2025

    Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11

    Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.

  • April 01, 2025

    Tyler Tech Denied Early Exit From NC Civil Rights Class Action

    Tyler Technologies, the Texas-based software provider behind North Carolina's transition to a digital court system, can't escape a proposed civil rights class action claiming the new technology led to wrongful arrests and extended jail time, though claims against one sheriff named in the suit were dismissed.

  • April 01, 2025

    Ex-Speaker Gingrich Lends Support To Limited Injunctions Bill

    Former GOP Speaker of the House Newt Gingrich on Tuesday endorsed the idea behind Republican legislation that would require nationwide injunctions imposed by lower courts against White House policies to be quickly brought before the U.S. Supreme Court. 

Expert Analysis

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

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