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Personal Injury & Medical Malpractice

  • May 30, 2025

    $28M Jury Verdict Shows The Power Of The Monell Doctrine

    A federal jury awarded $28 million to John Walker Jr., a man wrongfully convicted of murder nearly 50 years ago, after finding that prosecutors in Erie County, New York, systematically ignored criminal defendants' constitutional rights. The verdict hinged on the Monell doctrine, a hard-to-prove legal theory that allows civil rights plaintiffs to hold governments liable for constitutional violations stemming from official policy, custom, or widespread failure to supervise public officials.

  • May 30, 2025

    Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M

    A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.

  • May 30, 2025

    Generic-Drug Makers Near Exit From Depo-Provera MDL

    Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.

  • May 30, 2025

    Pa. Agencies Escape Suit Over Child's Fatal Abuse, For Now

    Several Pennsylvania child welfare agencies and officials have been let out of a lawsuit claiming they were responsible for a 12-year-old girl's fatal abuse by her father and stepmother, but the court afforded the plaintiff the opportunity to refile the suit against officials in their individual capacities.

  • May 30, 2025

    Oklahoma Overrides Veto To Fund Indigenous Missing Cases

    The Oklahoma Legislature has voted to override Gov. Kevin Stitt's veto of a bill that would allow state funding to address the issue of missing and murdered Indigenous persons, with the overrides winning overwhelming approval in both the state House and Senate.

  • May 30, 2025

    Associations Back Airplane Parts Cos. In NC Crash Appeal

    The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.

  • May 30, 2025

    Prosecutors Bet On Diddy's Ex-Workers To Build RICO Case

    Witnesses who worked for Sean "Diddy" Combs and saw his alleged abuses are a crucial component of federal prosecutors' racketeering case against the music icon, legal experts told Law360, as testimony from another anguished former worker came into the high-profile trial on Friday. 

  • May 30, 2025

    Off The Bench: NASCAR V. Crypto, Puig Doc, NCAA Eligibility

    In this week's Off The Bench, NASCAR beats defamation claims from a cryptocurrency founder regarding the spurious value of the coin, former MLB star Yasiel Puig sues the media companies behind a series documenting his entanglements in a federal gambling probe, and a Seventh Circuit panel appears receptive to the NCAA's defense of its eligibility rules.

  • May 29, 2025

    Ex-MLBer Sues TNT And Warner For 'Dirty Moneyball' Doc

    Former Major League Baseball All-Star Yasiel Puig sued Turner Broadcasting, Warner Media and others for defamation in California state court Wednesday over his depiction in an episode of a documentary series stating he was awaiting trial on gambling charges, when the charges allege false statements and obstruction.

  • May 29, 2025

    Monsanto-Funded Researcher Influenced Panel, Jury Hears

    A Missouri jury hearing the latest trial over cancer claims related to Monsanto's glyphosate pesticides heard Thursday that a Monsanto-funded researcher was able to change the course of a prestigious international panel weighing the chemical's carcinogenicity.

  • May 29, 2025

    Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute

    An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.

  • May 29, 2025

    Monsanto Won't Get Damages Offset In $100M PCB Tort Loss

    A Washington state judge has denied Monsanto's bid to reduce the latest $100 million verdict in a chemical poisoning tort series that's yielded more than $1 billion in punitive damages, concluding that the agro-chemical giant hid the health dangers of PCBs for decades in pursuit of profit.

  • May 29, 2025

    LA Fitness Didn't Stop Patron From Molesting Minor, Suit Says

    LA Fitness has been hit with a $5 million lawsuit accusing it of failing to take action against a "violent and erratic" gym member who sexually assaulted a 14-year-old girl at one of the gym's locations in Miami-Dade County, Florida, two years ago.

  • May 29, 2025

    TikTok Can't Duck NY Suit Over Kids' Mental Health

    TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.

  • May 29, 2025

    Conn. Group Home To Mediate $13.4M Death Appeal

    An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

  • May 29, 2025

    Restaurant Liable After Fraudster Steals $475K Settlement

    A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.

  • May 29, 2025

    Colo. Court Says No Immunity For Telecom From Injury Suit

    Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.

  • May 29, 2025

    DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case

    The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.

  • May 29, 2025

    Home Depot Must Face Trial In Trip-And-Fall Suit

    An Illinois federal judge on Thursday sent to trial a suit accusing Home Depot of causing a woman's trip-and-fall injuries in an outdoor garden center, saying it should be up to a jury to determine whether the fall was foreseeable by the company.

  • May 29, 2025

    Big Oil Caused Woman's Heat Wave Death, Novel Suit Says

    The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."

  • May 29, 2025

    Ex-Atty's Death In Colo. Jail Sparks Suit Over Medical Neglect

    The family of a disbarred attorney imprisoned for felony theft sued three members of the medical staff at the prison where he died, alleging in Colorado federal court Wednesday their neglect resulted in Steven Bachar dying from cardiac arrest after he asked for days for proper medical attention.

  • May 29, 2025

    Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President

    Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.

  • May 29, 2025

    Insurer Wants Firm's $2.6M Malpractice Coverage Suit Tossed

    Berkshire unit National Liability & Fire Insurance Co. called on a Georgia federal judge this week to throw out a law firm's claims that it was hung out to dry by its insurers in a malpractice case, arguing the suit is an impermissible attempt to convert a contract dispute into a negligence claim.

  • May 28, 2025

    Kevin Costner Sued By Stuntwoman Over Ad Hoc Rape Scene

    Kevin Costner and the producers of the American West film series "Horizon" were sued in California state court by a stunt double who alleged she had to perform an impromptu, unscripted violent rape scene without an intimacy coordinator on set and other protocols under the actors' union contract.

  • May 28, 2025

    Insurers Get Meta MDL Coverage Fight Kicked Back To Del.

    A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.

Expert Analysis

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Opinion

    Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI

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    A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.

  • 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.

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