Personal Injury & Medical Malpractice

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Developer Had No Duty To Verify Flood Model, Court Hears

    A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.

  • May 22, 2024

    Evidence Shaky In First Zantac Cancer Trial, Drugmakers Say

    Attorneys for GlaxoSmithKline and Boehringer Ingelheim told a Chicago jury Wednesday that no one besides a plaintiff's paid witnesses have said publicly that Zantac heartburn medication causes colon cancer, calling on the jurors to reject claims that the companies owe $640 million for a woman's cancer diagnosis.

  • May 22, 2024

    Juvenile Facilities Across Pa. Sued For Sexual Abuse

    Over 60 people filed lawsuits against the Pennsylvania Department of Human Services and the owners of several juvenile detention facilities Wednesday alleging widespread sexual abuse inflicted upon residents by staff at the facilities.

  • May 22, 2024

    DuPont 'Document Dump' Rattles NC In PFAS Suit

    North Carolina and DuPont on Wednesday battled over what the state called a roughly 5 million-page "document dump" ahead of a looming June 3 discovery deadline in its contamination lawsuit, irking a business court judge in the process.

  • May 22, 2024

    GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers

    Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border. 

  • May 22, 2024

    Uvalde Families Ink $2M Deal With City Over School Shooting

    The families of 19 victims of the deadly May 2022 shooting at Robb Elementary School announced Wednesday that they've reached a presuit settlement with the city of Uvalde, Texas, that includes $2 million in payments to the families and commitments to better train police officers in their shooting responses.

  • May 22, 2024

    Mo. Court Upholds Dentist's Malpractice Trial Win

    A patient who sued a St. Louis-area dentist over alleged injuries she suffered during removal of her wisdom teeth can't upend a jury verdict in favor of the surgeon, a Missouri appeals court ruled, saying the trial court was right to deny efforts to impeach a witness on nonessential issues.

  • May 22, 2024

    NC Panel Revives Retention Claim In Faulty Back Surgery Suit

    A North Carolina appeals court has revived a family's negligent retention claim against a clinic over a doctor who was ousted from the profession for unnecessary and faulty surgeries, finding the claim does not fall under the state's four-year statute of repose for medical malpractice claims.

  • May 22, 2024

    3M Says Insurers Are Dodging Coverage Of $6B Earplug Deal

    3M and its subsidiary Aearo Technologies have reported difficulties getting their insurers to pay out more than $1.5 billion in coverage after the companies reached a $6 billion deal to settle multidistrict litigation alleging their combat earplugs failed to protect the hearing of service members and veterans.

  • May 22, 2024

    $600M Norfolk Southern Derailment Deal Gets Early Court OK

    Consolidated class litigation over last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a court hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.

  • May 22, 2024

    Pa. Justices To Say If Building Co-Owner Is 'Indispensable'

    The Supreme Court of Pennsylvania will take up an appeal over whether the co-owner of a rental property who doesn't handle its operation is nonetheless an "indispensable party" whose omission was fatal to a tenant's slip-and-fall lawsuit.

  • May 22, 2024

    NJ Law Firm Sued For Allegedly Botching Med Mal Action

    New Jersey law firm Bramnick Rodriguez Grabas Arnold & Mangan LLC has been hit a legal malpractice lawsuit in state court from a former client alleging the firm botched a medical malpractice action by failing to submit an expert report.

  • May 22, 2024

    Mich. Judge Gives Final OK To Engineering Co. $8M Flint Deal

    A Michigan federal judge has granted final approval of an $8 million settlement between a civil engineering company and Flint, Michigan, residents, putting to rest claims the company failed to warn them of likely lead contamination that triggered a drinking water crisis in the city.

  • May 21, 2024

    Quarry Not Liable For Dirt Bike Accident, NJ Panel Says

    The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.

  • May 21, 2024

    Wawa, Sherwin-Williams Beat Paint Slip-And-Fall Suit

    Gas station chain Wawa Inc. and paint maker Sherwin-Williams Co. can't be held liable for injuries a New Jersey man sustained after slipping on a yellow parking lot line, a state appeals court ruled, calling the plaintiff's expert report "speculative and unsupported" by the facts.

  • May 21, 2024

    Ga. Court Says No Medical Expert Needed In Patient Fall Suit

    A Georgia appeals court on Tuesday reinstated a suit seeking to hold a physician and a medical assistant liable for a patient's injuries suffered in a fall during an appointment, saying because the claim against the assistant is ordinary negligence, the suit was wrongly dismissed for lack of medical expert testimony.

  • May 21, 2024

    X Corp., Hate Speech Watchdog Settle Atty Fees Bid

    A California federal judge Tuesday signed off on an agreement that X Corp. and the Center for Countering Digital Hate reached to resolve the nonprofit organization's bid for $300,000 in attorney fees following a successful defense against the Elon Musk-led social media platform's claims that the center used improper tactics to write one of its articles.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    Counties Not 'Persons' In Texas Opioid MDL Appeal

    A Texas appeals panel found Tuesday that counties are not considered "persons" under the state's common law and therefore are not subject to the Texas Medical Liability Act's requirement that they serve expert reports to pharmacy defendants in the state's opioid multidistrict litigation.

  • May 21, 2024

    3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack

    An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage. 

  • May 21, 2024

    Attys Accused Of Botching NC Suit By Missing Filing Deadline

    The parents of two children who died in a car fire are suing their former attorneys in North Carolina federal court for malpractice, alleging they dropped the ball on filing the pair's wrongful death claims against a seat belt manufacturer before the deadline passed.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Snap Hit With Wrongful Death Suit Over 13-Year-Old's Suicide

    The mother of a 13-year-old boy hit Snapchat's parent company Snap Inc. with a wrongful death suit in South Carolina federal court on Friday, alleging that her son died by suicide after a predator extorted him by posing under a fake name on the social media company's platform.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • 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.

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