Personal Injury & Medical Malpractice

  • February 20, 2024

    Insurer Must Pay Defense Costs In Newspaper Shooting Row

    An insurer owed coverage to the parent companies of a Maryland newspaper for the legal fees resulting from two underlying lawsuits brought by the victims and their families after a 2018 mass shooting, an Illinois federal judge ruled Tuesday.

  • February 20, 2024

    Ill. Cardiologist Keeps Trial Win In Med Mal Death Suit

    An Illinois state appeals court on Tuesday declined to upend a trial victory for a cardiologist and his employer in a suit alleging he misdiagnosed the severity of a heart condition in a patient who later died, saying the trial court was not wrong to allow certain defense testimony or limit the plaintiff's evidence.

  • February 20, 2024

    Ala. Justices Deem Frozen Embryos Children Under State Law

    The Alabama Supreme Court ruled that frozen embryos count as children in a first-of-its-kind decision bemoaned by advocates and a dissenting judge as potentially ruinous for in vitro fertilization services in the state. 

  • February 20, 2024

    NFL Seeks Exit To Fan's Suit Over Philly QB's Touchdown Ball

    A lifelong Philadelphia Eagles football fan who says police and security officers battered him after quarterback Jalen Hurts handed him a ball that was used to score a record-breaking touchdown against the New York Giants erred in including the National Football League in his lawsuit, the league argued in a bid to toss the suit.

  • February 20, 2024

    Landlord Bias Can Be Eviction Defense, Colo. Justices Say

    The Colorado Supreme Court ruled Tuesday that tenants facing eviction can raise allegations of a landlord's discrimination or retaliation as a defense, directing a trial court to take another look at the case of a woman who accused her landlord of trying to boot her because she refused to have sex with him.

  • February 20, 2024

    Hess Corp. Oil Refinery Unit Gets OK For Ch. 11 Plan

    Oil and gas company Hess Corp.'s bankrupt oil refinery unit HONX Inc. received confirmation of its Chapter 11 reorganization plan that would allow it to pay $105 million to injury claimants who they say were affected by the company's asbestos exposure.

  • February 20, 2024

    Tennis Organization Found Negligent In Pro's Sexual Assault

    A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.

  • February 20, 2024

    Justices Deny 9/11 Widows' Challenge to Damage Distribution

    The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.

  • February 20, 2024

    Justices Decline Malpractice Dispute Over $6M Settlement

    The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.

  • February 20, 2024

    Los Angeles FBI Head, Recused From Girardi Case, Retires

    The head of the FBI's Los Angeles office, who recused himself from investigations into indicted ex-lawyer Tom Girardi, has retired after nearly a year and a half in the post, the agency said Tuesday.

  • February 20, 2024

    Alec Baldwin Seeks June Trial Date In 'Rust' Shooting

    Alec Baldwin's attorney urged a New Mexico judge Tuesday to set a June trial date for the actor on involuntary manslaughter charges in the shooting death of "Rust" cinematographer Halyna Hutchins.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    NC Panel Reverses Suspension For Atty Accused Of Lying

    A North Carolina personal injury attorney on Tuesday succeeded in reversing a one-year suspension of his license after a state appellate panel ruled the State Bar failed to show he intentionally lied about discussing a fellow attorney's personal life with a client.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 16, 2024

    Atty Convicted Of $5.5M Client Theft Asks 9th Circ. To Vacate

    The prosecution of a former California personal injury attorney sent to jail for 12 years for embezzling as much as $5.5 million in clients' settlement money was riddled with error, and his conviction and sentence should be vacated, his counsel told the Ninth Circuit at a hearing Friday.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Ex-Fox News Staffer Ends Suit Alleging Sex Assault By Ailes

    A former Fox News booking director has dropped her suit accusing the company of inaction when the late executive Roger Ailes allegedly sexually assaulted her, according to a joint stipulation filed in New York state court on Friday.

  • February 16, 2024

    Jimmy Iovine Accuser Ends NY Sex Assault Suit

    An unnamed woman who accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery has dropped her legal claims, according to a Thursday filing in New York state court.

  • February 16, 2024

    Leon Black Accuser Agrees To Drop Assault Claims

    A woman who accused former Apollo Global Management CEO Leon Black of sexually assaulting her during the late Jeffrey Epstein's decadeslong sex trafficking scheme has agreed to drop her claims against the billionaire, although other claims against Epstein's trust co-executors are still pending, according to court documents filed Thursday.

  • February 16, 2024

    Fla. Bills Limiting Toxic Tort Damages Headed To Floor

    Two business-backed bills that could sharply limit the ability of toxic tort victims to recover damages from polluters who violate their permits are poised to hit the floors of both houses of the Florida Legislature, despite concerns that they could embolden polluters and leave certain claimants — like commercial fishing operators — without remedy.

  • February 16, 2024

    Uber Failed To Prevent Driver Sex Assaults, MDL Suit Says

    Uber has known for nearly a decade that its drivers were preying on and sexually assaulting passengers but failed to implement meaningful policies to prevent such crimes, according to a master complaint filed in multidistrict litigation in California federal court.

  • February 16, 2024

    Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid

    The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.

  • February 16, 2024

    Family Of 23-Year-Old Who Died From Ulcer Gets $30M

    A Florida state jury awarded $30 million to the family of a 23-year-old woman who died from an untreated ulcer at a Tampa hospital after finding the two doctors entrusted with her care liable for negligence.

Expert Analysis

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

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    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • How Facilities Can Address Legal Risk Of Wandering Patients

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    Wandering behavior in acute care facilities is a challenging healthcare issue rife with legal ramifications, so it's crucial for facilities to perform the correct risk assessments and appropriate interventions, says legal nurse consultant Marilyn McCullum.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

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