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Personal Injury & Medical Malpractice

  • 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.

  • April 30, 2025

    ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit

    The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.

  • April 30, 2025

    Exec Says MyPillow Attys Can't Use AI Mistakes To Delay Trial

    A former Dominion Voting executive said MyPillow CEO Mike Lindell shouldn't be allowed to delay a June defamation trial because his attorneys face potential sanctions for a brief that used artificial intelligence, arguing recent executive orders against law firms suggest the defamation claim would face "extreme prejudice" from a delay.

  • April 30, 2025

    NJ Judge Tosses Two Claims From Crossbow Injury Suit

    A New Jersey federal judge tossed two claims, but allowed contested expert testimony, in a hunter's negligence and liability lawsuit that alleges he was injured when his Ravin Crossbow "exploded" and knocked him out of a tree stand.

  • April 30, 2025

    Schools Say Norfolk Southern Ducked Postderailment Pledge

    The school district for East Palestine, Ohio, filed a federal lawsuit Wednesday against Norfolk Southern, claiming the railroad hasn't made good on its promises to help the district recover after a fiery derailment shook the town in 2023.

  • April 30, 2025

    NY Diocese, Lloyd's Of London End Sex Abuse Coverage Suit

    Lloyd's of London underwriters and the Roman Catholic Diocese of Rockville Centre agreed to end a dispute over the payment of defense expenses related to sexual abuse claims against the diocese, according to a New York federal court filing entered Wednesday, months after the Catholic organization confirmed a Chapter 11 bankruptcy plan. 

  • April 30, 2025

    NJ Panel Orders New Trial in Home Depot Slip Case

    A New Jersey state trial court erred in allowing trial evidence of a woman's medical history, prior falls and a handicapped placard in a slip-and-fall case against Home Depot U.S.A. Inc., a state appellate panel ruled Wednesday in vacating a jury verdict in favor of the retailer.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 30, 2025

    Wine Tasting Death Suit Revived After Judge Rethinks Order

    The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.

  • April 30, 2025

    DOJ Fights Firm's Bid To Halt Tax Collection During Suit

    A boutique Connecticut consumer protection law firm cannot block the IRS from collecting 2022 and 2023 payroll taxes while the firm challenges the government's alleged failure to process CARES Act payroll credit requests in 2021, the U.S. Department of Justice has argued.

  • April 30, 2025

    Boston Hospital Fends Off Doctor's Whistleblower Claims

    A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.

  • April 30, 2025

    Former Paralegal Ends Whistleblower Suit Against NJ Firm

    A onetime paralegal for New Jersey-based Brandon J. Broderick LLC has dropped a state court whistleblower suit he filed against the personal injury firm last spring.

  • April 30, 2025

    Tyler Tech Says NC Digital Court System 'Works As Designed'

    Facing a civil rights class action filed by North Carolina residents who say the state's new digital court system subjected them to wrongful arrests and extended jail time, the software provider that licensed the program told a federal court that it cannot be held responsible for the way its product is used because it is merely a vendor.

  • April 30, 2025

    Kratom Cos. Get False Ad, Addiction Suit Tossed

    A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.

  • April 30, 2025

    NYC Paid Record High Of $2B In Legal Claims In 2024

    New York City paid nearly $2 billion last year to settle legal claims, setting a record high for the payouts with a half-billion dollar increase over the previous year, according to new data released by the city's fiscal watchdog on Wednesday.

  • April 29, 2025

    California Judge Loses Pay After Conviction For Murdering Wife

    The California Commission on Judicial Performance formally suspended a California judge without pay after a state jury found him guilty of second-degree murder last week for shooting his wife to death in their Anaheim Hills home on Aug. 3, 2023, following a heated argument. 

  • April 29, 2025

    Ohio Justices Reinstate Trans Care Limits During AG's Appeal

    The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.

  • April 29, 2025

    LA County Approves $4B Juvenile Sex Abuse Settlement

    Los Angeles County officials on Tuesday officially approved a previously announced $4 billion settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, touted as the largest sex abuse settlement in U.S. history.

  • April 29, 2025

    Apple Beats Claim Amber Alert On AirPod Hurt Boy's Hearing

    A California federal judge on Monday tossed a Texas mother's lawsuit accusing Apple Inc. of being responsible for her teenage son's permanent hearing loss after an Amber Alert allegedly rang through defective AirPods and ruptured his eardrums, saying a physician's expert opinion they leaned on was unreliable for proving causation.

  • April 29, 2025

    Condo Assoc., Insurer End Nashville Bombing Coverage Row

    Aspen Specialty Insurance Co. and a Nashville condominium association have agreed to end their dispute over coverage for nearly $11 million in damages caused by the 2020 Christmas Day bombing in the city, ending their battle with a joint stipulation of dismissal filed in Tennessee federal court.

  • April 29, 2025

    Alex Jones Wants High Court Look At $1.3B Sandy Hook Case

    Bankrupt Infowars host Alex Jones will ask the U.S. Supreme Court to invalidate a mammoth libel judgment that families of Sandy Hook shooting victims secured against him and his company over his conspiratorial broadcasts calling the massacre a hoax, he told a Connecticut appellate court in seeking to extend a pause on the payout.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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