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Personal Injury & Medical Malpractice

  • June 06, 2025

    Full 11th Circ. Asked To Rethink Workplace Attack Case

    An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.

  • June 06, 2025

    Wash. Panel Grills Ambulance Co. On Crash Immunity Defense

    Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.

  • June 06, 2025

    Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'

    The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.

  • June 06, 2025

    Texas AG Says Trans Care Investigation Is Lawful

    The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.

  • June 06, 2025

    Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea

    A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.

  • June 06, 2025

    4th Circ. Denies Bid To Inflate $300K Insurance Payout

    Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the couple's many insurance policies can be stacked.

  • June 06, 2025

    Other Carrier Must Cover $1.1M Injury Award, Insurer Says

    A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.

  • June 06, 2025

    Seton Hall Suit About Negligence, Not MedMal, Hoopsters Say

    Two basketball players suing Seton Hall University with claims their injuries were minimized so they could continue playing told a New Jersey federal judge Thursday that the lawsuit is about gross negligence, not their personal injuries, in a response to a motion for summary judgment.

  • June 06, 2025

    Goldberg Segalla Adds Toxic Torts Expert In NY

    Civil litigation firm Goldberg Segalla LLP has added a trial lawyer who is an expert in complex asbestos litigation, product liability, personal injury and commercial litigation matters to its toxic torts and environmental law group in Garden City, New York.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 05, 2025

    OneTaste Founder Tells Jury Racy Details Are a Distraction

    Counsel for OneTaste co-founder Nicole Daedone on Thursday told a Brooklyn federal jury that Daedone's provocative teachings involving "orgasmic meditation" don't matter to the forced labor conspiracy charges she and her deputy face, unlike the free will of those who say they were victimized.

  • June 05, 2025

    Med Mal Juror Misconduct Claim Won't Mean New Trial

    An Indiana state appeals court Thursday upheld a defense win in a medical malpractice trial despite a juror's post-verdict revelation that she had previously heard of a defense expert witness.

  • June 05, 2025

    Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert

    The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.

  • June 05, 2025

    Starbucks Can't Scotch $50M Verdict For Tea-Scorched Driver

    A California judge has affirmed a jury verdict awarding $50 million to a gig economy driver who suffered a severely burned penis after scalding hot tea spilled in his lap due to a Starbucks worker's negligence, saying the verdict was not excessive given his "horrific injuries."

  • June 05, 2025

    Grindr Sued Over Teen's Death, Alleged Negligence In Fla.

    The family of a 16-year-old girl who was allegedly killed and later dismembered by a couple she met through the Grindr dating app has sued the company in Florida federal court, alleging there were no age verification safeguards that prevented the teen from being targeted by sexual predators.

  • June 05, 2025

    NJ Justices To Take Look At Boys & Girls Club Abuse Claims

    Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.

  • June 05, 2025

    NJ High Court Will Review Injury Suits Against Walmart, Clinic

    New Jersey justices have agreed to weigh in on personal injury suits against Walmart and a Garden State health clinic involving an overturned $1.3 million verdict in one case and the immunity of medical nonprofits in the other, according to a pair of court orders.

  • June 05, 2025

    Girardi's Son-In-Law Admits Contempt In Illinois Theft Case

    Tom Girardi's son-in-law pled guilty to criminal contempt Thursday in Illinois federal court, admitting he knew the once-celebrated plaintiffs lawyer failed to pay millions of dollars in plane crash settlement funds they had been ordered to distribute to their clients "as soon as practical."

  • June 05, 2025

    Conn. Atty Seeks Digital Data To Unmask Alleged ID Thief

    Claggett Sykes & Garza LLC partner Andrew Garza told a Connecticut state court judge Thursday that someone used his identity to open bank accounts and file a fraudulent registration for his former law firm with the Secretary of the State's office, and he needs the court to order U.S. Bank and other companies to give him information that could reveal the perpetrator.

  • June 05, 2025

    Ga. Law Firm, Insurer Settle Over $6.4M Hotel Injury Case

    An insurance company that sued a law firm for malpractice in Georgia federal court after paying more than $6.4 million following a worker injury jury verdict against a construction company it insured, said Thursday that it had settled with the firm in connection with its representation of the company.

  • June 05, 2025

    Supreme Court Bars Hamas Victims From Reviving Bank Suit

    The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."

  • June 05, 2025

    Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.

    The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.

  • June 04, 2025

    OneTaste Jury Hears Of Illicit Labor Plot, As Trial Closes

    A Brooklyn federal prosecutor on Wednesday told jurors that OneTaste co-founder Nicole Daedone and her former top deputy used an array of manipulative tactics, including sexual and financial abuse, to keep workers for the sexual wellness company in line, as the trial nears its end.

  • June 04, 2025

    Walmart Slip-And-Fall Suit Must Go To Trial, 4th Circ. Rules

    Walmart can't argue it had no duty to treat a specific patch of black ice that caused a woman's slip and fall after a winter storm, the Fourth Circuit ruled Wednesday, saying that a winter storm puts retailers on notice that their entire parking lot had become a potential hazard for customers.

  • June 04, 2025

    'Hyperbole' Doesn't Justify MyPillow CEO's Insults, Jury Told

    A former Dominion Voting Systems executive testified Wednesday that his expletive-laden Facebook posts insulting Donald Trump can't be compared to allegedly defamatory statements about him by MyPillow's CEO, arguing the CEO's statements weren't mere hyperbole.

Expert Analysis

  • 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.

  • 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.

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