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Personal Injury & Medical Malpractice
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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.
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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.
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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.
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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.
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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.
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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.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
11th Circ. Clears Carnival In Suit Over Sex Assault Of Teen
The Eleventh Circuit on Tuesday sided with Carnival Corp. in a suit from a passenger who sought to hold the cruise line liable for a sexual assault against her when she was 15, finding that the facts of the case didn't support the argument that it had notice of the risk of any assault.
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June 17, 2025
DOJ Urged To Add Prosecutors Amid Threats To Congress
Following the tragic shooting of Minnesota state lawmakers, the top Republican and Democrat on the committee that oversees the U.S. Capitol Police are asking the U.S. Department of Justice to give the force more prosecutorial resources.
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June 17, 2025
Ozempic, Wegovy Users Want NJ To Host Vision-Loss Suits
Twenty-one New Jersey-based plaintiffs who claim they suffered permanent vision loss after taking the blockbuster drugs Ozempic and Wegovy are seeking to consolidate their lawsuits as multicounty litigation against drugmaker Novo Nordisk, citing a growing body of scientific evidence linking the medications to a rare and irreversible eye condition.
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June 17, 2025
Insurer Can't Force Another To Cover Worker Injury Suit
An insurer cannot force another to defend a property owner in an underlying worker injury lawsuit through the doctrine of equitable estoppel after both insurers ultimately agreed the policy in question isn't triggered, a New York federal court ruled, finding the policy unambiguous.
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June 17, 2025
Delta Nearing Settlement In Jet Fuel Dumping Class Action
Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.
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June 17, 2025
NC University Fights Consolidation Of Sex Misconduct Suits
North Carolina State University told a federal judge it opposes combining two cases from former student-athletes who accuse the school's ex-director of sports medicine of sexual abuse, saying the cases differ too much to be consolidated.
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June 16, 2025
Monsanto Fights Plaintiffs' Billion-Dollar Ask In PCB Tort Trial
Nearly two dozen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury on Monday for a damages award of $1.1 billion to $3.3 billion, as the company's counsel countered the plaintiffs lack blood testing results and other key evidence to back their "extraordinary" request.
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June 16, 2025
Doctor Will Admit Dealing Ketamine That Killed Matthew Perry
A physician has agreed to plead guilty to helping supply the ketamine that killed "Friends" star Matthew Perry, according to a plea agreement filed in California federal court Monday.
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June 16, 2025
Tyler Perry Hit With 'The Oval' Actor's $260M Sex Assault Suit
Actor Derek Dixon has accused Tyler Perry of sexually harassing and assaulting him while he was a series regular on the media mogul's political drama, "The Oval," and then retaliating against Dixon when he didn't reciprocate Perry's unwanted advances, according to the actor's $260 million lawsuit filed in Los Angeles.
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June 16, 2025
Ritz-Carlton Defeats Semen-Contaminated Water Suit
A California federal judge Monday tossed a Washington husband and wife's lawsuit that alleged a Golden State Ritz-Carlton hotel served them bottled water contaminated with a hotel employee's semen, saying the couple failed to prove it was indeed a hotel employee who contaminated the water.
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June 16, 2025
Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case
Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.
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June 16, 2025
MyPillow CEO Hit With $2.3M Verdict In Colo. Defamation Trial
A Colorado federal jury on Monday found MyPillow CEO Mike Lindell and one of his companies liable for more than $2 million in damages in a defamation case accusing him of amplifying false claims that a former Dominion Voting Systems executive rigged the 2020 election against Donald Trump.
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June 16, 2025
Monsanto Ends Roundup Cancer Case With Midtrial Settlement
Monsanto confirmed Monday that it has settled a Texas man's Roundup cancer lawsuit shortly before closing arguments in the trial were set to begin.
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June 16, 2025
Pa. Court Revives Suit Over Patient's Bad Drug Reaction
A Pennsylvania appellate panel on Monday reinstated a suit accusing a doctor of causing a patient's fainting and subsequent broken leg due to negligently prescribed medication, saying the trial court erroneously approved a dismissal bid that a different judge previously rejected.
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June 16, 2025
Amazon Settles Blue Laser Eye Injury Suit
Amazon.com Inc. has settled a lawsuit that accused the e-commerce giant of selling a defective high-powered laser pointer that allegedly burned a hole in a child's eye and caused permanent vision loss.
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June 16, 2025
Ky. Judge Trims Firefighters' Claims In CSX Derailment Suit
A Kentucky federal judge said Monday that state law bars most claims in a personal injury lawsuit from seven firefighters alleging rail giant CSX Transportation Inc. is strictly liable for a 2023 derailment that exposed first responders to toxic fumes.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Ga. Panel Says Injured Worker Bound By Past Pleadings
The Georgia Court of Appeals has upheld an early win for an auto transport company and one of its drivers who allegedly injured another employee in a crash, ruling that his only path to resolving the dispute ran through the Peach State's workers' compensation statute.
Expert Analysis
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Perspectives
The Reforms Needed To Fight Sexual Abuse By Prison Staff
Prisoners sexually assaulted by corrections staff, such as the California women who recently won a consent decree against FCI Dublin, often delay reporting out of fear of retaliation by their abusers, but several practical reforms could empower prisoners to disclose abuse while the evidence necessary to indict perpetrators is still available, says Jaehyun Oh at Jacob D. Fuchsberg Law.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Spoliation Of Evidence Is A Risky And Shortsighted Strategy
Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator’s credibility, say attorneys at Mandelbaum Barrett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.