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Personal Injury & Medical Malpractice

  • August 13, 2025

    Suit Claims UPPAbaby Car Seats Asphyxiate Infants

    A grandmother is suing the company behind UPPAbaby infant products, alleging in New Jersey federal court that three of its infant car seats are dangerously defective in their design, which seats infants in a curled-up position that can restrict their airways.

  • August 13, 2025

    Wash. Agencies Must Give Up Docs In Medicaid Fraud Case

    A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.

  • August 13, 2025

    5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit

    The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.

  • August 13, 2025

    How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit

    In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.

  • August 13, 2025

    Ill. Woman Who Lost Legs Says Boat's Design Was Defective

    An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.

  • August 13, 2025

    3rd Circ. Won't Revive Prisoner's Suit Over Toe Amputation

    A federal prisoner who was taken off his diabetes medicine, developed an infection and lost his toe cannot sue the government or a U.S. Bureau of Prisons doctor because he still has administrative remedies available, the Third Circuit ruled Wednesday.

  • August 13, 2025

    EBay, Former Execs Must Face Bulk Of Harassment Case

    A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.

  • August 13, 2025

    Insurer Owes Defense In Hotel Trafficking Suits, Court Told

    Red Roof Inn told an Ohio federal court Wednesday that a Liberty Mutual unit must defend it in 11 lawsuits alleging it violated the U.S. Trafficking Victims Protection Reauthorization Act by financially benefitting from human trafficking, arguing the claims fall outside separate exclusions for intended and criminal acts.

  • August 12, 2025

    Split Del. Justices Back Insurers In 3M Earplug Coverage Fight

    A split Delaware Supreme Court on Tuesday upheld a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of subsidiary Aearo Technologies' insurance policies.

  • August 12, 2025

    Judge, Terumo Attorney Spar Over 'Final Judgment' Case

    A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.

  • August 12, 2025

    Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute

    A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.

  • August 12, 2025

    OneTaste Execs Lose Acquittal Bid In Forced Labor Case

    A Brooklyn federal judge has refused to grant OneTaste's founder and sales director a judgment of acquittal following their conviction for a forced labor conspiracy at the "orgasmic meditation" company, saying the trial evidence against them was abundant.

  • August 12, 2025

    Ex-Raiders Coach Keeps Claims Over NFL Leak In Open Court

    Former Las Vegas Raiders head coach Jon Gruden will get to keep his claims of character assassination against the NFL and Commissioner Roger Goodell out of arbitration, the Nevada Supreme Court ruled in a split decision, with the majority calling the contract unconscionable.

  • August 12, 2025

    Meta's Discovery Win Faces 'Immense' Fallout, 9th Circ. Told

    The California Attorney General's Office urged the Ninth Circuit on Tuesday to reverse a lower court's order requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, saying the "egregiously wrong" order will have "immense" consequences.

  • August 12, 2025

    Colo. Ski Resort Fights Court Order On Attorney Ethics

    A ski resort asked the Colorado Supreme Court on Monday to reverse a court order imposing sanctions on its attorneys for not assisting plaintiff's expert witness with interpreting GPS coordinates for the location of a ski accident that led to a damages lawsuit.

  • August 12, 2025

    COVID Death Suits May Need Special Master For Discovery

    A court-appointed "special master" will likely be necessary to sort out discovery disputes in a lawsuit over a Pittsburgh-area nursing home's pandemic policies, after a state judge's limits on document searches still returned more than 133,000 pages of results. 

  • August 12, 2025

    Fla. Apartment, Worker Escape Airman's Wrongful Death Suit

    A Florida federal judge dismissed a lawsuit over the police shooting death of a U.S. Air Force airman against an apartment complex and an employee who dialed 911, saying that the complaint "sends the wrong message to the public."

  • August 12, 2025

    Kirkland Grows New Philly Office With Mass Tort Specialist

    Kirkland & Ellis LLP continued growing its Philadelphia office months after entering the market with the recent addition of a litigator specializing in representing pharmaceutical and medical device companies in liability cases.

  • August 12, 2025

    Travelers Units Freed From Builder's Asbestos Injury Dispute

    A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.

  • August 12, 2025

    Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims

    A Georgia federal judge has granted Morgan & Morgan's request to send a former client's malpractice claims into arbitration, ruling that an arbitration agreement between the parties is enforceable.

  • August 11, 2025

    2nd Circ. Revives Hezbollah Terrorism Suit Against Bank

    The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.

  • August 11, 2025

    11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case

    Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.

  • August 11, 2025

    Philly Cop Not Too Late To Seek Benefits For Mental Health

    A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.

  • August 11, 2025

    Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill

    More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.

  • August 11, 2025

    9th Circ. Says LA Men Have Ammo In Gun Rights Class Action

    The Ninth Circuit found Monday that a Los Angeles gun licensing policy that allowed only judges or law enforcement agents to carry concealed weapons was unconstitutional in light of a recent U.S. Supreme Court decision, reviving a proposed class action brought by three men who were arrested for violating the policy.

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Opinion

    Revised Fla. Rules Of Civil Procedure Will Modernize Litigation

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    The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Congress Should Pass Sex Abuse Settlement Tax Exemptions

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    The proposed Survivor Justice Tax Prevention Act would expand tax exemptions more clearly for sexual abuse cases, and finally remove the stigma around compensation for emotional and psychological damage, says Rocco Strangio at Milestone & Co.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

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