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Personal Injury & Medical Malpractice

  • August 07, 2025

    Fox Rothschild Must Face Litigation Funding Suit, Court Told

    A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.

  • August 07, 2025

    Ex-Knick Slams Madison Square Garden's $1.5M Fee Request

    Charles Oakley slammed Madison Square Garden's bid for $1.5 million in attorney fees stemming from its pursuit of the former New York Knick's deleted text messages in his battery suit against the arena, claiming that only "bad faith" could justify such an "inflated" request.

  • August 07, 2025

    Mich. Agency Can't Shake Suit Over Fights At Psych Hospital

    The Michigan claims court has ruled that the state's health department must face a lawsuit over the beating of a child at a state-run psychiatric facility because the complaint adequately alleged hospital staff took intentional steps that "directly and predictably" led to the fight. 

  • August 07, 2025

    Wawa Beats Injury Suit Appeal Despite Deleted Footage

    The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.

  • August 07, 2025

    Insurer Says Conviction Bars Coverage For Police Injury Suit

    An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.

  • August 06, 2025

    States Urge Justices To Back Med Mal Laws In Federal Court

    Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.

  • August 06, 2025

    Ga. Judges Weigh Birth Defect Ruling in Sterigenics Case

    A group of Georgia residents who alleged they were injured by emissions from a Sterigenics sterilization plant urged the Georgia Court of Appeals on Wednesday to overturn a lower court's grant of partial summary judgment to the company on the issue of whether the plant's emissions caused birth defects.

  • August 06, 2025

    RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says

    A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.

  • August 06, 2025

    Pa. Panel OKs Doctor's Midtrial Win In Bad Surgery Suit

    A Pennsylvania appellate panel on Wednesday upheld a trial judge's decision to grant a midtrial win to a physician accused of botching a woman's saliva gland removal surgery, saying the plaintiff's liability theory was not supported by the testimony of her medical expert.

  • August 06, 2025

    Archdiocese Seeks Reinsurance Docs In Sex Abuse Row

    The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."

  • August 06, 2025

    Golfer Wants Full 11th Circ. To Take Swing At Defamation Suit

    Pro golfer Patrick Reed urged the full Eleventh Circuit Tuesday to take a second look at his failed defamation suit against a litany of media organizations and figures, arguing that a three-judge panel "abjectly failed" to properly review his complaints after their dismissal by a Florida federal judge.

  • August 06, 2025

    Philly To Pay $3M To Pedestrians Hurt In Police Chase: Attys

    The city of Philadelphia has agreed to pay nearly $3 million to resolve a civil rights lawsuit filed by pedestrians, including a child, who were hit by a police motorcycle engaged in a high-speed pursuit, the plaintiffs' attorneys said Wednesday.

  • August 06, 2025

    Family Says Court Must Face Bias Suit Over Witness Killing

    The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.

  • August 06, 2025

    CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer

    A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.

  • August 06, 2025

    Judge OKs Addition Of Kenvue, Janssen To J&J Talc MDL

    A New Jersey federal judge has rejected Johnson & Johnson's challenge to cancer patients' bid to add additional corporate defendants to multidistrict federal litigation over its talcum powder products, finding the additions would not be futile.

  • August 06, 2025

    Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit

    The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.

  • August 06, 2025

    Meta Says Section 230 Blocks Teen's Nude Photo Suit

    Meta Platforms Inc. and its affiliates are urging a California state court to throw out a teen's claims against it over a partially nude photograph that his classmates shared over Instagram, saying the case involves "quintessential Section 230-protected publishing activity."

  • August 05, 2025

    Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds

    Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.

  • August 05, 2025

    Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits

    The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.

  • August 05, 2025

    OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

    OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

  • August 05, 2025

    Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.

    With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.

  • August 05, 2025

    Tesla Verdict Could Embolden Plaintiffs With Similar Claims

    The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.

  • August 05, 2025

    Walmart's $2.6M Fall Injury Verdict Not Excessive, Court Affirms

    A California appeals court has affirmed a $2.6 million award in a suit accusing Walmart of causing a customer's devastating hamstring injury in a fall, saying the verdict was not excessive given the evidence.

  • August 05, 2025

    10th Circ. Says No Signature Needed In Asylum Appeal

    The Tenth Circuit on Tuesday revived a Salvadoran family's appeal of an immigration judge's denial of their asylum claim, ruling that the Board of Immigration Appeals wrongly rejected it over a missing signature that wasn't legally required.

  • August 05, 2025

    Food Co. Can't Exit Suit By Vendor Worker With Severe Burns

    A South Carolina federal judge refused Tuesday to toss a suit seeking to hold Sauer Brands liable for severe chemical burns suffered by an EcoLab worker who was servicing machinery at a food plant, saying workers' compensation immunity doesn't apply.

Expert Analysis

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • How Courts Can Filter Nonmeritorious Claims In Mass Torts

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    Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

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