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Personal Injury & Medical Malpractice

  • June 20, 2025

    Sig Sauer Aims To Take Down Conn. Atty's Defamation Suit

    Sig Sauer Inc. is asking a Connecticut federal judge to throw out an attorney's suit claiming it defamed him in a March press release as a "grifter" for his legal actions and litigation against the gunmaker.

  • June 20, 2025

    3rd Circ. Deems Immunity Defense Premature For Jailers

    The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.

  • June 20, 2025

    Textron Says NC Biz Certificate Doesn't Signal Jurisdiction

    Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.

  • June 20, 2025

    Supreme Court Affirms Anti-Terror Law

    The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.

  • June 18, 2025

    6th Circ. Vacates Removal, Judge Slams High Court's Ruling

    The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.

  • June 18, 2025

    Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit

    The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.

  • June 18, 2025

    4th Circ. Backs Ban On Handgun Sales To Young Adults

    A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.

  • June 18, 2025

    11th Circ. Gives Longshoreman Another Shot At Crash Suit

    The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.

  • June 18, 2025

    Hong Kong-Based Airline Sued Over Failed Takeoff To LA

    Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.

  • June 18, 2025

    Punitive Damages Allowed In Mother's Hotel Fire Death Suit

    A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.

  • June 18, 2025

    Pa. Injury Atty With 'No Idea Who He Is Suing' Faces Discipline

    A Pennsylvania federal judge reprimanded Simon & Simon attorneys Tuesday for letting paralegals file a "cookie-cutter" slip-and-fall lawsuit against Walmart without a presuit investigation and adding store managers as a ploy to beat federal jurisdiction, criticizing counsel for racing through courts "wearing blinders" with "no idea who he is suing."

  • June 18, 2025

    Atty Accused Of Forgery, Stealing Client's Settlement

    An attorney and his firm have been accused by a former client in Colorado state court of negotiating a settlement without his knowledge, forging his signature on the deal and keeping the money for himself.

  • June 18, 2025

    Jury Awards $76M To Pipefitter Burned In Kroger Explosion

    A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.

  • June 18, 2025

    Emotional Distress Claims Rejected In OSU Doctor Abuse Suit

    A federal court has ruled that student-athletes suing the Ohio State University after being abused by an athletic team doctor cannot recover emotional distress damages under private Title IX actions.

  • June 18, 2025

    American Airlines Can't Escape In-Flight Sex Assault Suit

    A New Jersey federal judge won't toss a woman's suit against American Airlines Inc. alleging that its negligence resulted in her being sexually assaulted on an overnight flight, finding that the complaint sufficiently states that the alleged attacker's actions could have been noticed by the flight crew.

  • June 18, 2025

    NJ Justices OK Mass Tort For Detention Center Abuse Suits

    The New Jersey Supreme Court has designated more than 100 cases alleging sexual abuse at state-owned and operated juvenile detention facilities as multicounty litigation, according to a notice to the bar published Wednesday.

  • June 18, 2025

    Tarter Krinsky Brings Back Healthcare And Pharmacy Chair

    Tarter Krinsky & Drogin LLP announced on Wednesday the rehiring of its former healthcare and pharmacy law practice chair after a nearly two-year stint as a shareholder with Polsinelli PC's national healthcare group.

  • June 18, 2025

    Atty Loses Final Bid To Appeal Law School Loan Judgment

    A Connecticut lawyer must repay his ex-girlfriend $30,000 to cover loans she cosigned for his law school expenses, with the Connecticut Supreme Court denying his petition for certification to appeal.

  • June 18, 2025

    California Cities Say Enviro Group Destroyed Testing Data

    The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."

  • June 17, 2025

    Split 9th Circ. Wants Review Of Migrant's Mental Competency

    The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.

  • June 17, 2025

    Uber Gets Fatal Crash Suit Sent To Arbitration

    The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.

  • June 17, 2025

    NJ Court Says Unqualified Expert Dooms Med Mal Suit

    A New Jersey appellate panel on Tuesday tossed a medical malpractice suit alleging a physician failed to properly treat a man's internal bleeding that proved to be fatal, ruling that the plaintiff's expert affidavit was insufficient because the expert did not specialize in the same area as the defendant doctor.

  • June 17, 2025

    Feds Escape Suit Over NC Woman's Death In Mexico

    A North Carolina federal judge freed the federal government from a lawsuit by the estate of a woman who died, allegedly by foul play, while vacationing in Mexico, finding that the targeted agencies are shielded under an exception in the Federal Tort Claims Act.

  • June 17, 2025

    Ga. Panel Considers New Statute In $46M Med Mal Case

    Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.

  • June 17, 2025

    Medical Documents Fair Game In STD Suit, Ga. Panel Says

    An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.

Expert Analysis

  • 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.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

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