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Personal Injury & Medical Malpractice

  • May 02, 2025

    Smith & Wesson Says Catholic Investors' Suit Misfires

    Firearms manufacturer Smith & Wesson Brands Inc. slammed as mere "social activism" an investor lawsuit filed by groups of Catholic sisters seeking to curb company sales and marketing of AR-15-style rifles that are sometimes used in mass shootings, urging a Nevada federal judge to dismiss the suit and the claims that it violated a fiduciary duty.

  • May 02, 2025

    Boston Scientific, FDA Sued Over 'Unsafe' Spinal Implant

    Boston Scientific evaded safety regulations to market a defective spinal cord stimulator and the U.S. Food and Drug Administration rubber-stamped those alterations in an instance of "agency capture," according to a California federal lawsuit filed by a patient suffering from ongoing pain after the device was implanted.

  • May 02, 2025

    Plaintiffs Seek Redo Over Sterilization Co.'s Trial Tactics

    Four women who claimed a Colorado sterilization company caused their cancers asked a state court to order a new trial, arguing the business won a favorable verdict with prejudicial evidence about law firm ads and by suggesting the women are not "real victims but pawns in a scheme orchestrated by their lawyers."

  • May 02, 2025

    Brown Rudnick Pushes For Fees In Red River Ch. 11

    Brown Rudnick LLP is asking a Texas bankruptcy judge to authorize nearly $4.3 million in fees for its work for the talc claimants committee in the Red River Talc Chapter 11, saying its work against previous Johnson & Johnson talc spin-off bankruptcies should not count against it.

  • May 02, 2025

    Apple Beats Suit Over Child Porn In ICloud Accounts, For Now

    A California federal judge tossed a proposed class action Thursday claiming Apple engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, dismissing some claims with prejudice while allowing others to be amended. 

  • May 02, 2025

    Pro Golfer Urges 11th Circ. To Revive Media Defamation Suits

    A professional golfer urged the Eleventh Circuit on Friday to revive two defamation lawsuits against various news and media publications, saying he was wrongly targeted as the "villain" or "bad boy" of golf due to false accusations of cheating and reports over his defection from the PGA Tour.

  • May 02, 2025

    Conn. Exoneree Says Town Can't Escape $5.7M Jury Verdict

    A murder exoneree who spent three decades in prison has asked a federal judge to reject a Connecticut town's attempt to escape a $5.7 million evidence fabrication award, saying a limited post-verdict review weighs in his favor and that the town's prior Second Circuit loss supports his win.

  • May 02, 2025

    CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial

    A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.

  • May 02, 2025

    Contractors Settle Mass. AG's YMCA Asbestos Claims

    The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.

  • May 02, 2025

    Florida Runners' Website Ordered To Comply With ADA

    A Florida federal judge has instructed a website for runners to accommodate customers with disabilities by bringing the site into compliance, after a visually impaired man sued the website's operator alleging it violated the Americans with Disabilities Act.

  • May 02, 2025

    Convicted Ex-Sacks Weston Atty Gets Early End To Probation

    A Pennsylvania federal judge has granted the request of a Philadelphia lawyer sentenced in 2023 to prison and supervised release for resolving cases behind the back of his former firm to be let out of probation early.

  • May 02, 2025

    Trump Denied $53K Atty Fee Award In Central Park 5 Suit

    A Pennsylvania federal judge on Friday denied President Donald Trump's request for $53,000 in attorney fees and costs for his counsel's work in the Central Park Five defamation lawsuit against him over comments made about their prosecution during a presidential debate.

  • May 02, 2025

    Reuters Escapes Suit Over NJ Judicial Privacy Law

    A federal judge has dismissed a lawsuit alleging Thomson Reuters violated the New Jersey judicial privacy measure Daniel's Law, finding the plaintiffs failed to properly serve the Canadian organization.

  • May 01, 2025

    Aetna And Humana Accused Of Medicare Kickbacks And Bias

    The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.

  • May 01, 2025

    Fla. Condo Wins Noise Dispute With Autistic Man's Family

    A Florida appellate panel ruled in favor of a condominium association in a lawsuit over a noise dispute between a family caring for their autistic son and a neighbor, finding no evidence that the family faced discrimination in violation of housing laws.

  • May 01, 2025

    CR Bard Owes For Plant Neighbor's Illness, Jury Told

    A Georgia jury heard in closing arguments on Thursday that C.R. Bard's medical sterilization plant wantonly polluted the air with ethylene oxide and caused a man's cancer, while the company said the man's exposure was nowhere near danger levels.

  • May 01, 2025

    Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms

    The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.

  • May 01, 2025

    Publix Can't Slip 'Zero-Market Share' Opioid Claims

    Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.

  • May 01, 2025

    Girl Says Discord, Roblox Make Kids 'Easy Prey' For Predators

    A 16-year-old girl who alleges she was groomed by a child predator on Roblox and Discord has hit the companies with a product liability suit in Texas, writing that their sites make kids "easy prey for pedophiles."

  • May 01, 2025

    Fla. Judge Clears Miami In Hannibal Buress Arrest Case

    A Florida federal judge tossed a lawsuit against Miami over the arrest of comedian Hannibal Buress in 2017, saying it originally misunderstood the city's arguments and that granting its motion to reconsider "would prevent manifest injustice."

  • May 01, 2025

    J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit

    A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.

  • May 01, 2025

    Civil Order Stalling Chamber Death Prosecution, Judge Hears

    A prosecutor and attorneys for clinic workers charged in connection with the death of a 5-year-old boy in a hyperbaric chamber explosion expressed frustration Wednesday that they cannot get their experts into the building to investigate because of a temporary restraining order they say is interfering with the criminal cases.

  • May 01, 2025

    Trucker Chases Down Mich. Appeals Court Win In Injury Suit

    A trucker who was hit in his sleeper cab and then ran after the semi-truck that he believed caused the incident, jumping on its running board till he was thrown, may be entitled to insurance benefits, Michigan appellate judges said, reversing most of a lower court's judgment.

  • May 01, 2025

    Zipcar, Garage Not Liable For Injuries To Driver Returning Car

    Massachusetts-based car sharing company Zipcar and the owner of a public parking garage are not liable for injuries suffered by a college student who was struck by a drunken driver while dropping off a car back in 2017, an intermediate appellate court concluded Thursday.

  • April 30, 2025

    Nationwide Says Claim For 'Fat Freezing' Injury Isn't Covered

    Nationwide has filed suit asking an Illinois federal court to declare that it has no duty to cover a suburban Chicago gym in a 3-year-old "fat freezing" injury case headed to trial in June, saying the underlying injury doesn't trigger the facility's policy.

Expert Analysis

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • Product Safety Issues In 2024 Highlight Need For Vigilance

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    A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

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