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Personal Injury & Medical Malpractice
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June 20, 2025
Textron Says NC Biz Certificate Doesn't Signal Jurisdiction
Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.
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June 20, 2025
Supreme Court Affirms Anti-Terror Law
The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.
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June 18, 2025
6th Circ. Vacates Removal, Judge Slams High Court's Ruling
The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.
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June 18, 2025
Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit
The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.
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June 18, 2025
4th Circ. Backs Ban On Handgun Sales To Young Adults
A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.
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June 18, 2025
11th Circ. Gives Longshoreman Another Shot At Crash Suit
The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.
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June 18, 2025
Hong Kong-Based Airline Sued Over Failed Takeoff To LA
Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.
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June 18, 2025
Punitive Damages Allowed In Mother's Hotel Fire Death Suit
A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.
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June 18, 2025
Pa. Injury Atty With 'No Idea Who He Is Suing' Faces Discipline
A Pennsylvania federal judge reprimanded Simon & Simon attorneys Tuesday for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart without a presuit investigation and adding store managers as a ploy to beat federal jurisdiction, criticizing counsel for racing through courts "wearing blinders" with "no idea who he is suing."
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June 18, 2025
Atty Accused Of Forgery, Stealing Client's Settlement
An attorney and his firm have been accused by a former client in Colorado state court of negotiating a settlement without his knowledge, forging his signature on the deal and keeping the money for himself.
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June 18, 2025
Jury Awards $76M To Pipefitter Burned In Kroger Explosion
A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.
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June 18, 2025
Emotional Distress Claims Rejected In OSU Doctor Abuse Suit
A federal court has ruled that student-athletes suing the Ohio State University after being abused by an athletic team doctor cannot recover emotional distress damages under private Title IX actions.
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June 18, 2025
American Airlines Can't Escape In-Flight Sex Assault Suit
A New Jersey federal judge won't toss a woman's suit against American Airlines Inc. alleging that its negligence resulted in her being sexually assaulted on an overnight flight, finding that the complaint sufficiently states that the alleged attacker's actions could have been noticed by the flight crew.
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June 18, 2025
NJ Justices OK Mass Tort For Detention Center Abuse Suits
The New Jersey Supreme Court has designated more than 100 cases alleging sexual abuse at state-owned and operated juvenile detention facilities as multicounty litigation, according to a notice to the bar published Wednesday.
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June 18, 2025
Tarter Krinsky Brings Back Healthcare And Pharmacy Chair
Tarter Krinsky & Drogin LLP announced on Wednesday the rehiring of its former healthcare and pharmacy law practice chair after a nearly two-year stint as a shareholder with Polsinelli PC's national healthcare group.
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June 18, 2025
Atty Loses Final Bid To Appeal Law School Loan Judgment
A Connecticut lawyer must repay his ex-girlfriend $30,000 to cover loans she cosigned for his law school expenses, with the Connecticut Supreme Court denying his petition for certification to appeal.
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June 18, 2025
California Cities Say Enviro Group Destroyed Testing Data
The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."
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June 17, 2025
Split 9th Circ. Wants Review Of Migrant's Mental Competency
The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.
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June 17, 2025
Uber Gets Fatal Crash Suit Sent To Arbitration
The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.
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June 17, 2025
NJ Court Says Unqualified Expert Dooms Med Mal Suit
A New Jersey appellate panel on Tuesday tossed a medical malpractice suit alleging a physician failed to properly treat a man's internal bleeding that proved to be fatal, ruling that the plaintiff's expert affidavit was insufficient because the expert did not specialize in the same area as the defendant doctor.
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June 17, 2025
Feds Escape Suit Over NC Woman's Death In Mexico
A North Carolina federal judge freed the federal government from a lawsuit by the estate of a woman who died, allegedly by foul play, while vacationing in Mexico, finding that the targeted agencies are shielded under an exception in the Federal Tort Claims Act.
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June 17, 2025
Ga. Panel Considers New Statute In $46M Med Mal Case
Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.
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June 17, 2025
Medical Documents Fair Game In STD Suit, Ga. Panel Says
An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
11th Circ. Clears Carnival In Suit Over Sex Assault Of Teen
The Eleventh Circuit on Tuesday sided with Carnival Corp. in a suit from a passenger who sought to hold the cruise line liable for a sexual assault against her when she was 15, finding that the facts of the case didn't support the argument that it had notice of the risk of any assault.
Expert Analysis
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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High Court 'Violent Crimes' Case Tangled Up In Hypotheticals
In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach
The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.