Personal Injury & Medical Malpractice

  • January 03, 2025

    Mass. Justices Affirm $29M Award In Leg Amputation Suit

    The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.

  • January 03, 2025

    Insurer Accuses Hinshaw Of Negligence Over $11M Trial Loss

    Texas Insurance Co. has sued the law firm Hinshaw & Culbertson LLP and a partner in California state court, alleging they failed to advise the insurer that it could be liable for the bulk of an $11.15 million verdict in an underlying personal injury case.

  • January 03, 2025

    Energy Co. Urges 400-Mile Transfer Of Discrimination Suit

    A North Texas energy company told a state appeals court Thursday that a former employee's discrimination and libel suit belongs in Tarrant County, arguing the man dishonestly claimed that a substantial part of the suit's events took place more than 400 miles away.

  • January 03, 2025

    PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

    An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

  • January 03, 2025

    Lyft, Home Health Agency Sued Over Fatal Crash

    Lyft, a Massachusetts home healthcare agency and several individuals have been named in a wrongful death suit brought on Friday by the daughters of an elderly woman who died after her rideshare driver sped off a highway and into the front of a closed retail store last May.

  • January 03, 2025

    Mich. Justices Asked To Ease Hospital Liability Standard

    A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.

  • January 03, 2025

    Engineer Sues Amtrak, Milk Hauler Over Collision Injuries

    An Amtrak engineer has sued the railroad company and a dairy cooperative in Colorado federal court for their alleged negligence in a train collision with a milk truck that left him with a permanent brain injury.

  • January 03, 2025

    3 Firms Seek $36M Fee Award In 'Historic' NJ PFAS Deal

    The Law Offices of John K. Dema PC, Kelley Drye & Warren LLP and Cohn Lifland Pearlman Herrmann & Knopf LLP have asked a New Jersey state court to award $36.7 million in attorney fees for their work in securing a $393 million deal over "forever chemical" contamination by Belgian chemical company Solvay as special counsel to the Garden State.

  • January 03, 2025

    Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit

    A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.

  • January 03, 2025

    Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work

    An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.

  • January 02, 2025

    DC Kept Disabled People In Restrictive Care Too Long: Ruling

    After 15 years of litigation, a D.C. federal judge ruled this week that the District of Columbia has been violating a federal law that prohibits the segregation of people with disabilities by refusing to remove people from Medicaid-funded nursing homes into less restrictive forms of care.

  • January 02, 2025

    Calif. Court OKs $46M Verdict In Jiu-Jitsu Injury Suit

    A California state appeals court has affirmed a $46.5 million jury verdict in a suit accusing a Brazilian jiu-jitsu instructor of causing a student's catastrophic injuries while sparring, saying jury instructions regarding the assumption of risk were properly given by the trial court.

  • January 02, 2025

    Calif. Federal Judge Escapes House Party Brawl Suit, For Now

    A California federal judge has been dropped, for now, from litigation over an alleged assault during a party supposedly hosted at the jurist's Pasadena home with underage drinking and insufficient supervision.

  • January 02, 2025

    Fox Rothschild Atty Beats Trade Secret Theft Allegations

    A federal judge in New Jersey says a company trying to develop cancer drugs had waited too long to sue its former patent lawyer after he allegedly "confessed" over five years ago to helping a Chinese rival file a patent application that allegedly misappropriated trade secrets.

  • January 02, 2025

    Stanley Cup Maker Sued Over Alleged Lid Hazard

    The Seattle-based maker of the trending Stanley-brand tumbler has been hit with a proposed class action in Washington federal court by a New York consumer accusing the manufacturer of failing to adequately compensate customers for a lid defect that led to the recall of 2.6 million travel mugs.

  • January 02, 2025

    Meta Seeks To Pause Social Media MDL Coverage Fight

    Meta has urged a California federal court to find that its insurers cannot yet litigate to attempt to avoid covering thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing that the coverage issues overlap with issues in the underlying cases.

  • January 02, 2025

    'It Ends With Us' Director Sues NYT Over Blake Lively Story

    "It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.

  • January 02, 2025

    Monsanto Appeals $175M Roundup Verdict In Pa.

    Bayer AG unit Monsanto has asked the Pennsylvania Superior Court to overturn a Philadelphia jury's award of $175 million to a man who claimed Roundup weedkiller caused his cancer, arguing that a court officer coerced the jury into coming up with a verdict that was not based on science.

  • January 02, 2025

    Ozempic Caused Severe Pain And Hospitalization, Suit Says

    Pharmaceutical giant Novo Nordisk has been sued in Connecticut federal court by a 67-year-old woman claiming it did not properly disclose the risk of gastroparesis associated with its popular weight loss drug Ozempic, which allegedly caused her severe stomach pain and vomiting that led to a 10-day hospitalization.

  • January 02, 2025

    Toyota Can't Be Sanctioned For Not Translating Discovery Docs

    A North Carolina state appeals court ruled that Toyota Motor Corp. and Subaru Corp. cannot be ordered to create English translations of Japanese documents to fulfill discovery requests in a wrongful death suit alleging that a driver died because of a purportedly faulty car design on which the companies collaborated, vacating some of the discovery sanctions entered against the automakers.

  • January 02, 2025

    Sig Sauer Wants Other Firings Kept Out Of Gun Defect Trial

    A police officer who claims her pistol fired into her leg without warning should not be allowed to "distract" a jury with dozens of allegations from across the country involving unintentional firings by the same model, gunmaker Sig Sauer Inc. has told a Massachusetts federal court, saying it would "swamp" the trial.

  • January 02, 2025

    Fla. Court Affirms Wrongful Death Suit Win For Uber

    A Florida appeals court on Thursday affirmed a win for Uber in a wrongful death suit over an accident that killed an Uber driver's ex-girlfriend, finding the trial court correctly concluded the ride-sharing app can't be held liable since the driver wasn't logged into the app at the time of the accident.

  • January 02, 2025

    Conn. High Court Slams Insurer's 'Conflicting' Policy Letters

    An insurance company violated basic contract law by mailing four "conflicting" letters to a roofing contractor purporting to end worker's compensation coverage while also explaining how to keep it, Connecticut's highest court has ruled.

  • January 02, 2025

    Beasley Allen Aims To Toss Suit From Ex-Ally Firm

    Beasley Allen has called on a Mississippi federal court to dismiss or transfer a defamation and breach of contract lawsuit from The Smith Law Firm PLLC over their joint venture agreement for talc litigation against Johnson & Johnson, arguing the case should be tossed in favor of its own suit filed earlier in Alabama.

  • January 02, 2025

    Ga. County Sues 3M, Daikin To Remove PFAS From Landfill

    A Georgia county has filed a lawsuit against 3M Co., Daikin America Inc. and several other manufacturers and users of so-called forever chemicals, alleging the sale and use of the toxic chemicals in carpet manufacturing has caused a "public-health crisis" across the northwestern part of the state.

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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