Personal Injury & Medical Malpractice

  • September 15, 2025

    Segway Says E-Scooter Hazard Suit Doesn't Belong In Wash.

    Segway Inc. is urging a Washington federal court to dismiss a proposed class action alleging its electric scooters are shipped with a dangerous defect, saying the company doesn't have sufficient ties to the state for it to have jurisdiction.

  • September 12, 2025

    Uber Rider's Past Sex Conduct Off Limits In Sex Assault Trial

    A California state judge overseeing a bellwether trial over sexual assault allegations against Uber warned attorneys for the ride hailing giant Friday that when it questions the plaintiff in coming days, it won't be allowed to elicit testimony about her other sexual activity unless her side "opens the door."

  • September 12, 2025

    FAA Suggests $3.1M Boeing Fine For 2024 Door-Plug Blowout

    The Federal Aviation Administration has proposed fining Boeing over $3.1 million for safety violations, including some related to the midair door-plug blowout on a 737 Max 9 jet operated by Alaska Airlines in 2024, according to an announcement made Friday.

  • September 12, 2025

    Faulty Expert Report Dooms Foreign Object Med Mal Case

    A Texas appellate court has dismissed claims against an obstetrician for allegedly negligently leaving surgical gauze in a woman's abdomen during a cesarean section, saying her medical expert submitted a report that did not comply with the state's medical malpractice statute.

  • September 12, 2025

    3rd Circ. Backs Fox News In DHS Expert's Defamation Suit

    The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.

  • September 12, 2025

    Roblox, Discord Face Wrongful Death Suit Over Teen's Suicide

    The mother of a California teenager who died by suicide sued Roblox and Discord on Friday, claiming that her son was groomed and abused for years by a man who found him on the gaming platform, showed him how to disable parental controls and forced him to share explicit images.

  • September 12, 2025

    PetSmart Not Liable For Worker's Alleged Assault, Jury Says

    A Michigan federal jury on Friday found that PetSmart Inc. is not liable for its employee's assault on a customer in 2020 over a dispute involving the price of a dog toy, instead finding that the worker was completely responsible for the incident and awarding the customer $5,000.

  • September 12, 2025

    Ga. Jail Medical Provider Ignored Sheriff's Abuse, Suit Says

    A man who successfully brought an excessive force claim against former Clayton County Sheriff Victor Hill for strapping him in a chair for so long his wrists became scarred has now filed a Georgia federal suit against a jail medical provider, its director and two people he called "Hill's designated enforcers."

  • September 12, 2025

    Anti-Vax Dr. Asks 11th Circ. To Revive NYT Defamation Suit

    Alternative medicine proponent Dr. Joseph Mercola on Friday asked the Eleventh Circuit to revive his defamation suit against The New York Times over a 2021 report about his statements criticizing the COVID-19 vaccines, calling it a "character assassination piece to shut him down."

  • September 12, 2025

    Woman Gets Another Shot At LA Fitness Treadmill Suit

    A California appeals court has revived a woman's suit alleging that she was injured by a faulty treadmill at an LA Fitness gym, saying there is a triable issue of fact regarding whether she electronically signed an injury waiver.

  • September 12, 2025

    Atlanta Braves, Player Pulled Back Into Fans' Injury Suit

    The Georgia Court of Appeals on Friday reversed a trial court order freeing the Atlanta Braves and baseball outfielder Jorge Soler from a suit filed by a married couple who allege the wife was injured after being struck in the eye with a baseball during a 2021 World Series game.

  • September 12, 2025

    Entertainment Center Escapes Suit Over 'Freakish' Collision

    A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.

  • September 12, 2025

    1st Circ. Says Cops Partially Immune In Kneeling Case

    Two Massachusetts police officers have qualified immunity for some conduct that allegedly led to a man's death following a wellness check, the First Circuit has ruled.

  • September 12, 2025

    Insurer Says Demolition Co. Can't Pursue Damage Offset

    An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.

  • September 12, 2025

    Ohio Panel Won't OK Sanctions In Casino Assault Suit

    An Ohio appeals panel denied a man's bid for sanctions against another man who sued him over an assault at a Cleveland casino, saying the record doesn't show that the case was frivolous or filed in bad faith.

  • September 11, 2025

    Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'

    A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11

    Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

  • September 11, 2025

    Ga. Panel Sends Officer Crash Suit Back For Notice Review

    The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.

  • September 11, 2025

    Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute

    Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.

  • September 11, 2025

    Panel Says $4.5M Wrongful Death Award Lacked Evidence

    A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.

  • September 11, 2025

    Texas Justices Wary Of Letting Developers Out Of $75M Bond

    Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.

  • September 11, 2025

    Roblox, Discord Again Accused Of Ignoring Teen Exploitation

    The mother of a 14-year-old girl allegedly groomed by a predator on Roblox and Discord recently joined the slew of parents suing the online platforms for failing to safeguard children from being sexually exploited, saying in a suit filed in California federal court that she wrongly believed Roblox in particular was safe for children.

  • September 11, 2025

    Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute

    A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.

Expert Analysis

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

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