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Personal Injury & Medical Malpractice

  • 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.

  • August 05, 2025

    Homeowners Policy Doesn't Cover Shooting, 6th Circ. Says

    State Farm has no duty to defend or indemnify a man facing wrongful death claims after he unintentionally shot and killed a woman in a domestic dispute, the Sixth Circuit affirmed Tuesday, finding that his intentional gunshots still created a foreseeable risk of harm and thus weren't an insurable accident.

  • August 05, 2025

    Infant Death Suit Reinstated Against Texas Hospital, Doctors

    A Texas appeals panel on Tuesday reinstated a couple's suit against Texas Children's Hospital and doctors with Baylor College of Medicine over the death of their 5-week-old infant, finding the trial court abused its discretion in finding their expert report was insufficient to support their claims.

  • August 05, 2025

    Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks

    A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.

  • August 05, 2025

    4th Circ. Faults Board For Shallow Review Of Asylum Case

    The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.

  • August 05, 2025

    Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs

    Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.

  • August 05, 2025

    Korean War Vet's Widow Sues Feds For Wrongful Death

    The widow of a Korean War veteran has sued the federal government, alleging that staff at Georgia's Carl Vinson VA Medical Center caused her husband's death by failing to care for him properly while he was a patient at its community living center.

  • August 05, 2025

    Property Co. Sues Zurich Over Music Video Shooting Defense

    Zurich failed to adequately defend claims over a shooting that occurred during the filming of a music video for rapper Lil Baby, an Atlanta property owner told a Georgia federal court, saying it's entitled to retain independent counsel at the insurer's expense due to an ongoing conflict of interest.

  • August 05, 2025

    Charlotte Bar Shares Blame For Fatal Shooting, NC Panel Told

    The estate of a shooting victim has doubled down on its efforts in a North Carolina appellate court to revive wrongful death claims against a bar accused of overserving the shooter, arguing the lower court ruled on foreseeability too early in the case.

  • August 05, 2025

    Tesla Hit With Suit Over Autonomous Vehicle Issues

    A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.

  • August 05, 2025

    Alaska Airlines Can't Nix Flight Attendant's Surgery Win

    A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.

  • August 04, 2025

    NBC Defeats Nunes Defamation Suit Over Maddow Show

    A New York federal judge has ended former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent.

  • August 04, 2025

    Roundup Judge Threatens Sanctions For Unpaid Plaintiff Fees

    The California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer has threatened to sanction 37 plaintiffs' firms that have not held back a percentage of their recovery fees for a common benefit fund.

  • August 04, 2025

    Rite Aid Seeks $90M Clawback From McKesson

    Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.

  • August 04, 2025

    Ill. Jury Awards $17M Over Infant's Fatal Delivery Injuries

    An Illinois jury has awarded $17.1 million in damages to the family of an infant who died nine months after his birth because of catastrophic injuries he suffered during delivery, finding the obstetrician and the women's health clinic where he operates liable for his death.

  • August 04, 2025

    Imperial Tobacco Seeks US Approval Of CA$32B Restructuring

    Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.

  • August 04, 2025

    Atlanta Super 8 Operator Accused Of Ignoring Sex Trafficking

    The owner and operator of an Atlanta-area Super 8 hotel was sued in Georgia federal court by a woman who alleged the hotel knew she was sex trafficked there as a minor but did nothing to prevent it, thereby allowing the hotel to profit off the alleged criminal activity.

  • August 04, 2025

    NYU Must Pay Fired Doc $4M In Disability Bias Suit, Jury Says

    An ex-New York University doctor nabbed a $4 million trial win in his disability bias case claiming he was fired after his employer denied his request to work from home so he could recover from a COVID-19 infection that left him in a coma for nearly two months.

  • August 04, 2025

    PR Giants Look To End World Cup Labor Abuse Coverup Suit

    Powerful public relations agencies are taking aim at a lawsuit accusing them of whitewashing the Qatari government's alleged human rights abuses ahead of the 2022 men's World Cup, telling a New York federal court that they are not liable under global human trafficking laws.

Expert Analysis

  • 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.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts

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    Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

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