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Personal Injury & Medical Malpractice

  • May 14, 2025

    3M Payment Satisfied Policy Requirements, Del. Justices Told

    An attorney for 3M and its subsidiary Aearo Technologies argued that the parent company's payment of defense costs in multidistrict litigation over combat earplugs satisfied the self-insured retention of the subsidiary's insurance policies, telling the Delaware Supreme Court on Wednesday the insurers "got exactly what they bargained for."

  • May 14, 2025

    Judge Rejects DQ Of Smith Gambrell In Defamation Suit

    A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.

  • May 14, 2025

    Mich. City Seeks Immunity From Great Lakes Drowning Suit

    The lakeside city of South Haven, Michigan, told a state appeals court panel on Wednesday that it does not operate its beaches primarily for profit, meaning it is entitled to governmental immunity and should be released from a drowning victim's lawsuit.

  • May 14, 2025

    Boeing Whistleblower Suicide Suit Ends In Quick Settlement

    A suit accusing Boeing of causing a whistleblower's suicide was quickly settled for an undisclosed sum less than two months after it was filed, according to a South Carolina judge's order dismissing the case.

  • May 14, 2025

    Eckert Seamans Enters NYC With 11 Hawkins Parnell Attys

    Eckert Seamans Cherin & Mellott LLC said Wednesday that it has launched an office in New York City with the addition of an 11-attorney team from Hawkins Parnell & Young LLP, while scaling back its New Jersey presence.

  • May 14, 2025

    Hamilton Wingo Hires Two Personal Injury Attys In Texas

    Hamilton Wingo LLP has hired two personal injury attorneys, one of whom is rejoining the firm and another who the firm said was recognized as having one of the top 100 verdicts in Texas during her first year in practice, the firm recently announced.

  • May 13, 2025

    Judge Opts For 'Remedial Manager' To Reform Rikers Jail

    A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.

  • May 13, 2025

    'Are We Dating The Same Guy?' Defamation Suit Gets Tossed

    An Illinois federal judge Tuesday threw out a Chicago-area man's suit over allegedly false sexual misconduct accusations on an "Are We Dating the Same Guy?" Facebook page, ruling that the comments made in the group were statements of opinion and thus not actionable.

  • May 13, 2025

    Ga. Law Shields Pesticide Makers From Failure-To-Warn Suits

    Georgia Gov. Brian Kemp has signed new legislation into law that will soon shield pesticide manufacturers from liability in failure-to-warn suits, coming on the heels of a $2.1 billion verdict against the makers of Roundup weed killer delivered by a state jury earlier this year.

  • May 13, 2025

    Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit

    A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.

  • May 13, 2025

    Snap Denies It Caused Users' Fentanyl Overdose Deaths

    Snap has hit back at dozens of claims by parents of children who suffered fatal overdoses from fentanyl-laced pills acquired through the social media platform, saying many had a history of drug use, were themselves dealers or acquired drugs through other means.

  • May 13, 2025

    Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat

    Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.

  • May 13, 2025

    Watchdog Demands Info In DC Court On Dead ICE Detainees

    U.S. Immigration and Customs Enforcement is violating public records laws by refusing to turn over documents related to three people who died in ICE custody at two detention centers in Florida and Arizona, a government watchdog group alleged in a suit filed in D.C. federal court Monday.

  • May 13, 2025

    UnitedHealth Says Lack Of Contract Sinks Coverage Suit

    UnitedHealth entities urged a Michigan federal judge Monday to toss a lawsuit from a medical supply company that alleges the insurer issued a blanket block on its claims, saying the supplier has no written contract to support its breach of contract allegations.

  • May 13, 2025

    Golden Corral Franchisee Settles Death Suit As Trial Kicks Off

    A Golden Corral franchisee on Tuesday reached a settlement with the widow of a man who died after he tripped over a chair leg at a restaurant in Newnan, Georgia, ending the dispute shortly after a jury was seated for trial.

  • May 13, 2025

    Celebrity Doctor Can't Duck WWE Accuser's Info Demand

    A Connecticut judge has refused to throw out a former World Wrestling Entertainment legal staffer's effort to obtain documents from a celebrity doctor who treated her amid alleged sexual abuse by Vince McMahon, finding that the state-level court has subject-matter jurisdiction over her petition for pre-litigation information. 

  • May 13, 2025

    3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan

    The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.

  • May 13, 2025

    Law Firms Expected To Settle Veteran's TCPA Suit

    A veteran told a North Carolina federal judge he expects to settle a suit accusing several law firms and lawyers of badgering him about representing him in litigation over Camp Lejeune's drinking water even though he was never stationed at the base.

  • May 13, 2025

    Buzbee Beats Suit Claiming He Coerced Client To Settle

    Texas attorney Anthony Buzbee, who is making headlines by filing sexual abuse lawsuits against music mogul Sean "Diddy" Combs, has defeated a malpractice suit filed in Louisiana federal court by a ship captain alleging that the attorney pushed him to settle a work injury claim, then took 98% of the final disbursement.

  • May 13, 2025

    NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.

    Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.

  • May 13, 2025

    'Popular Monster' Singer Must Pay YouTuber's Atty Fees

    The singer for rock band Falling In Reverse, Ronnie Radke, must pay defense attorney fees and costs incurred by a YouTube personality he sued for defamation after a Connecticut state judge tossed the lawsuit for running afoul of the state's anti-SLAPP statute.

  • May 13, 2025

    Ga. Justices Revives Claim Over Med Student's Negligence

    The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.

  • May 13, 2025

    Venable Wants Out Of 'It Ends With Us' Subpoena

    Venable LLP asked a D.C. federal judge to toss a subpoena of the firm stemming from litigation between actors Blake Lively and Justin Baldoni over the movie "It Ends with Us," accusing Baldoni and his production company of embarking on an "unwarranted fishing expedition."

  • May 13, 2025

    5th Circ. Says Gaps In Testimony Doom Deepwater Suit

    The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.

  • May 12, 2025

    W.Va. High Court Declines 4th Circ. Request For Opioid Input

    The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.

Expert Analysis

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • How Texas Bill Would Transform Noneconomic Damages

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    Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.

  • Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit

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    A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • California's New AV Law May Steer Policy Nationwide

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    California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Opinion

    How The Onion Could Still Buy InfoWars

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    While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • What To Know About Fla. Civil Procedure Rule Revisions

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    While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

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