Personal Injury & Medical Malpractice

  • March 12, 2024

    Quaker Hit With False Ad Suit Over Pesticide In Oat Products

    The Quaker Oats Co. faces a proposed class action in Illinois federal court alleging it markets its oat-based foods as being safe, healthy and nutritious while touting its commitment to high quality standards, despite omitting the risk of a toxic chemical pesticide in its products.

  • March 12, 2024

    Atlanta Cop Made Traffic Stop 'A Nightmare,' Jury Told

    Attorneys for a woman who was allegedly tasered by an ex-Atlanta Police Department officer told a federal jury Tuesday the officer had "turned a routine traffic stop into a nightmare," as a civil trial began Tuesday over the more than five-year-old excessive force case.

  • March 12, 2024

    FEMA Claims Process Leaves NM Fire Victims Lost, Suit Says

    Five New Mexico residents are suing the Federal Emergency Management Agency over its response to a massive 2022 fire, alleging it has created delay, confusion and ambiguity in the claims process for the fire's victims.

  • March 12, 2024

    Pa. Justices Will Review $250K Bus Injury Damage Cap

    Pennsylvania's Supreme Court will consider undoing a $250,000 statutory damages limit for vehicle accident cases against state agencies, heeding the call of an appellate judge who said the cap in a suit brought by a woman who lost part of her foot to a bus needed review.

  • March 12, 2024

    Baldwin Can Delay Depo But Not Discovery In Civil 'Rust' Case

    A New Mexico state judge ruled Tuesday that Alec Baldwin cannot be deposed in a civil lawsuit connected to the "Rust" movie fatal on-set shooting until after the actor is tried on related criminal charges, but said the civil case can otherwise move forward.

  • March 12, 2024

    'Ghost Gun' Co. Sued In Mich. For Selling To Teen Shooter

    A Michigan resident who was shot by his friend with a handgun made using a do-it-yourself kit has sued a leading supplier of so-called ghost gun kits in state court, alleging the company was negligent by allowing a 17-year-old to buy a gun kit without making sure he was legally able to buy a firearm.

  • March 12, 2024

    Camp Lejeune Water Plaintiffs Push For Jury Denial Appeal

    The plaintiffs suing the U.S. government over contamination of water at Camp Lejeune are urging a North Carolina federal court to allow them to appeal an order striking their bid for a jury trial, arguing there is substantial room for disagreement over whether the Camp Lejeune Justice Act allows for jury trials.

  • March 12, 2024

    Walgreens, Kenvue Unit Sued Over Benzene In Acne Products

    Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.

  • March 12, 2024

    Steven Tyler's Memoirs Nixed From Emotional Distress Claim

    A California judge on Tuesday tossed part of a lawsuit brought by a woman who alleges she was sexually abused as a minor in the 1970s by Steven Tyler, saying that the Aerosmith front man's memoirs can't be used in an emotional distress claim because they are protected by the First Amendment.

  • March 12, 2024

    Gunmaker, Insurer Settle Coverage Of NY 'Ghost Gun' Suits

    A gunmaker accused by the New York attorney general and two cities of facilitating the creation of so-called ghost guns has reached a coverage settlement with one of its insurers, the parties told a Florida federal court Tuesday, leaving the gunmaker's coverage claims against another insurer still pending.

  • March 12, 2024

    Ex-Boy Scout Can Seek $120M Award From Insurers

    A Delaware bankruptcy judge has ruled that a former Boy Scout can keep suing the organization's insurers to collect a $120 million abuse judgment against his ex-Scoutmaster, even though the court entered an injunction barring similar lawsuits.

  • March 12, 2024

    Ghislaine Maxwell's Longshot Appeal Centers On Epstein Deal

    Jeffrey Epstein's Florida non-prosecution deal loomed large Tuesday in the Second Circuit as imprisoned socialite Ghislaine Maxwell, in what seemed like an unlikely bid for freedom, argued that it shields her from New York charges of trafficking girls for the deceased financier.

  • March 12, 2024

    4th Circ. Revives Navy Surgery Wrongful Death Claims

    The Fourth Circuit on Tuesday reversed an order dismissing claims from the estate of a woman who died after an allegedly botched surgery at a Navy hospital, saying the trial court was wrong to conclude that Navy regulations for implementing Federal Tort Claims Act procedures created jurisdictional requirements beyond what the FTCA's text includes.

  • March 12, 2024

    Maui Wildfire Case Sent Back To Hawaii State Court

    A Hawaii federal judge lobbed to state court a family's suit seeking to hold Maui County, energy utilities, telecommunication companies and others liable for property damage caused by a wildfire that left over 100 people dead, rejecting the defendants' argument this case should be removed and consolidated in federal court.

  • March 12, 2024

    NTSB Slams Order To Allow Hands-On Train Parts Inspection

    The National Transportation Safety Board objected to a federal magistrate judge's order compelling it to let a rail car leasing firm and a chemical company physically inspect parts of the Norfolk Southern train that derailed in East Palestine, Ohio, last year, arguing its own investigation could be harmed.

  • March 12, 2024

    Atty Chided For Gun Confiscation Bid In Trump Defamation Row

    A Philadelphia attorney handling a Pennsylvania election worker's defamation case against Donald Trump, Rudy Giuliani and two Delaware County poll watchers improperly couched a bid to confiscate the poll watchers' guns, among other things, as a discovery motion, a state judge ruled Tuesday.

  • March 12, 2024

    Ga. Attys Face Sanctions Bid Over 'Factually Impossible' Suit

    Companies operating vessels in a Georgia port have fired off a request to sanction a Peach State law firm that pursued claims that the businesses failed to protect a worker against COVID-19, saying the attorneys brought a "factually impossible" suit that was dismissed by a federal court last month.

  • March 12, 2024

    NJ Diocese Asks Court To Toss Insurer's Abuse Coverage Suit

    The Catholic Diocese of Trenton asked a New Jersey federal court to toss an insurer's action seeking to escape coverage for more than 200 suits alleging sexual abuse by clergy, saying the coverage dispute is "premature, vague, and ambiguous."

  • March 11, 2024

    NFL QB Dak Prescott Sues Over Alleged $100M Extortion Plot

    Dallas Cowboys quarterback Dak Prescott filed a lawsuit Monday in Texas state court accusing a woman of trying to extort $100 million by falsely claiming the football player sexually assaulted her.

  • March 11, 2024

    Judge Tells Atty 'Not My Job To Go Research' Baby Food

    A California federal judge on Monday appeared open to granting Plum Organics summary judgment on allegations the baby-food-maker failed to disclose potential toxins in its baby food products, doubting that the consumers have supported their claims with admissible evidence and telling counsel, "It's not my job to go research."

  • March 11, 2024

    Lyft Wants Out Of Rape Survivor's 'Untimely' Negligence Suit

    Lyft Inc. has urged a California federal judge to toss a passenger's suit accusing the ride-hailing service of failing to protect her from a violent predator who raped her and got her pregnant, saying she filed the suit too late under both California and Florida law.

  • March 11, 2024

    Ill. Court OKs $48M Award In Brain Damage Med Mal Suit

    An Illinois state appeals court has affirmed a $48.1 million award in a suit accusing an emergency medicine physician and a hospital of improperly placing a breathing tube in a patient and causing permanent brain damage, saying certain jury instructions given by the trial court were not erroneous.

  • March 11, 2024

    Fla. Biz Owner Says Insurer Left Co. On Hook For $12M Award

    The owner of a Florida Keys construction and landscaping company told federal jurors Monday that it made no sense for National Indemnity Company of the South to tender the policy limits to his employee involved in a fatal crash while leaving the company exposed and forced to go to trial, where it was hit with an $11.8 million judgment.

  • March 11, 2024

    Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis

     A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.

  • March 11, 2024

    Mexico Says High Court Long Shot Not Worth Halting Gun Suit

    The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.

Expert Analysis

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • Opinion

    Time To Ban Deferred Prosecution For Fatal Corporate Crime

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    As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.

  • Working With Emergency Services: Tips For Frontline Attys

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    The best version of a first responder-crisis lawyer relationship involves one where the first responder can trust the attorney enough to give them all the details, knowing they will exercise discretion in how much they release to the public, say Lauren Brogdon at Haynes Boone, Rick Crawford at the Los Angeles Fire Department and Christopher Sapienza at the Yonkers Police Department.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

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    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • It's Time To Prescribe Frameworks For AI-Driven Health Care

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    As health care providers begin to adopt artificial intelligence in clinical settings, new legal and regulatory challenges are emerging, with the critical issue being balancing AI's benefits and innovations in health care while ensuring patient safety and provider accountability, say attorneys at Kirkland.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How Cos. Can Prioritize Accessibility Amid Increase In Suits

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    The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

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