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Personal Injury & Medical Malpractice
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June 24, 2025
Robbery Intent Enough For Murder Rap, Conn. Justices Rule
Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting — even though he didn't pull the trigger — because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday.Â
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June 24, 2025
Father Sues Truck Manufacturer Over Son's Death From Heat
The father of a delivery driver is suing truck manufacturer Morgan Olson LLC in Michigan federal court, alleging that its trucks are defectively designed with cargo compartments without any climate control and that the high temperatures in the trucks led to his son's death.
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June 23, 2025
Colo. Attack Suspect's Family Calls Out Detention Conditions
Attorneys representing the wife and children of an Egyptian man accused of attacking demonstrators demanding the release of Israeli hostages pressed for his family's release from a Texas detention center, pointing to court documents laying out what they called "heartbreaking" conditions at the facility.
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Samsung Back On Hook To Pay $10M Over Exploding Battery
Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.
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June 23, 2025
Ga. Doctor On $2M Hook For Decapitated Baby Instagram Posts
A Georgia state jury has awarded $2.25 million in a privacy suit accusing a pathologist of unlawfully posting autopsy videos on Instagram of a baby who was decapitated during an allegedly botched delivery.
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June 23, 2025
Cessna Maker Says Crash Suits Lack 'Jurisdictional Hook'
The maker of a Cessna private jet that crashed in Connecticut, killing four people, including a married pair of New England doctors, told a state court judge Monday that it is not subject to the personal jurisdiction of the state's courts, so two product liability lawsuits against it must be dismissed.Â
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June 23, 2025
Boston Firm Says Competitor Had Secret Deal With Shareholder
A Boston law firm is accusing a smaller personal injury practice of secretly steering cases and work to a now-former shareholder, including one case that led to a $5 million settlement, according to a lawsuit filed Monday in a Massachusetts state court.
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June 23, 2025
Imerys Ditches Italian Talc Unit In Updated Ch. 11 Plan
Bankrupt talc producer Imerys Talc America has filed an updated Chapter 11 plan that contemplates the dismissal of its Italian affiliate from the case, noting that skepticism from a Delaware bankruptcy judge about the unit's ability to survive a challenge to its bankruptcy filing led to the decision.
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June 23, 2025
Paxton, Airline Co. Ask To Take Biz Doc Case Out Of 5th Circ.
The Texas attorney general's office and an airline parts manufacturer have agreed to remove a dispute over a state law allowing the office to examine business records from the Fifth Circuit back to district court.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Ga. Family Slams Ford's New Trial Bid In $2.5B Rollover Case
A Georgia family hoping to safeguard its $2.5 billion punitive damages verdict against Ford Motor Co. has urged a federal judge to reject the auto giant's bid to introduce interviews it says will show jurors were aware of a prior verdict faulting the company for similar rollover deaths.
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Walgreens Tossed From L'Oreal Hair Relaxer Cancer MDL
An Illinois federal judge has thrown out the lone complaint naming Walgreen Co. as a defendant in multidistrict litigation against L'Oréal USA Inc. alleging that it made, and that retailers sold, hair relaxer products that could cause cancer.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 23, 2025
Texas Justices Find No Sign Of Negligence In Truck Crash
The Texas Supreme Court has thrown out a trucker's suit alleging that another trucker's negligence caused a collision after a tire blowout, saying the plaintiff failed to show any evidence that the crash was the result of anything other than an unavoidable accident.
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June 23, 2025
Justices Skip Pa. Med Mal Fund's Bid To Shield $300M Surplus
The U.S. Supreme Court said Monday it won't decide if Pennsylvania's medical malpractice insurance fund is a government entity for the purpose of determining if the state is authorized to dip into the money pool's $300 million budget surplus.Â
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June 20, 2025
High Court Urged To Rein In FDA Oversight Of Stem Cells
The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.
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June 20, 2025
Meta Enables Investment Scams Via Facebook Ads, Suit Says
Facebook and Instagram users Friday lodged a putative class action accusing Meta of turning a blind eye to scam advertisements on its platforms, telling a California federal court the social media giant enabled a Chinese penny stock investment scam that cost victim investors at least $300 million.
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June 20, 2025
Boeing Nears Dismissal From Calif. Door Blowout Lawsuit
A California federal judge indicated Friday that he's leaning toward dismissing Boeing from a lawsuit over the midair blowout of a door plug on an Alaska Airlines flight in January 2024, saying Boeing's ties to California are not strong enough for his court to exercise jurisdiction.
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June 20, 2025
Healthcare Suit Financer Faces New Suit Over Data Breach
Omni Healthcare Financial, which provides financial services to healthcare companies facing personal injury suits, has been hit with a fresh proposed class action alleging it allowed hackers access to health records and other personal information of more than 16,000 individuals in a data breach last year.
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June 20, 2025
Atty Interaction Prompts Recusal In Google AI Suicide Suit
A Florida federal judge and former Gunster shareholder has recused himself from a suit accusing Character.AI and Google of causing the suicide of a teen who was addicted to an artificial intelligence chatbot, after a Munger Tolles & Olson LLP attorney said he discussed the case with the then-attorney last year.
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June 20, 2025
737 Max Families Push For Special Prosecutor In Boeing Case
Families of victims of the 737 Max 8 crashes have asked a Texas federal judge to appoint a special prosecutor in Boeing's criminal conspiracy case, saying the U.S. Department of Justice's latest nonprosecution agreement with the American aerospace giant sets a dangerous precedent for corporate defendants to evade accountability.
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June 20, 2025
2nd Purdue Plan Heading For Creditor Vote, Nov. Hearing
A New York bankruptcy judge Friday set OxyContin maker Purdue Pharma's second try at a bankruptcy plan on course for a November confirmation hearing, clearing the plan disclosure statement to be sent out for a creditor vote.
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June 20, 2025
9th Circ. Finds Calif. One-Gun-A-Month Law Unconstitutional
The Ninth Circuit on Friday struck down California's so-called one-gun-a-month law, finding that it violates the Second Amendment by categorically preventing state residents from buying more than one firearm every 30 days.
Expert Analysis
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How Trial Attys Can Wield Amended Federal Evidence Rules
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.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
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.
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5 Drug And Device Developments That Shaped 2024
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.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
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.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
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.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
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.
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Consultants Should Be Aware Of DOJ's Potential New Reach
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.
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Product Safety Issues In 2024 Highlight Need For Vigilance
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.
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Series
Playing Esports Makes Me A Better Lawyer
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.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
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.
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An Associate's Guide To Career Development In 2025
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.
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Series
Fixing Up Cars Makes Me A Better Lawyer
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.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
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.
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Making The Pitch To Grow Your Company's Legal Team
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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Why Letters Of Protection Are Discoverable In Texas PI Suits
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.