Personal Injury & Medical Malpractice

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    Giuliani Seeks New Trial, Will Appeal $148M Defamation Award

    Rudy Giuliani is urging a Washington, D.C., federal judge to rethink a jury verdict directing him to pay $148 million to two Georgia election workers he was found liable for defaming as he tees up an appeal of the jury award to the D.C. Circuit.

  • February 21, 2024

    Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks

    A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.

  • February 20, 2024

    Giuliani Can Contest $148M Fine But Not With His Own Money

    A New York bankruptcy judge on Tuesday allowed Rudy Giuliani to seek a new trial for $148 million in damages he was ordered to pay for defaming two Georgia poll workers, but said the former mayor can't use money from his bankruptcy estate to pay his legal bills.

  • February 20, 2024

    Ill. Public Defender Sues Over Display Of Israeli Army Photo

    An Illinois public defender filed a First Amendment lawsuit against her county employer after she was reprimanded for a photograph of her holding a gun in front of an Israeli flag that she displayed in an office area in response to the Oct. 7 Hamas terrorist attack in Israel.

  • February 20, 2024

    Epstein's Attorney, Accountant Accused Of Aiding Trafficking

    Two survivors of sexual predator Jeffrey Epstein claim his longtime lawyer and accountant played essential parts in the disgraced financier's sex trafficking enterprise by creating a complex financial infrastructure to keep the money flowing, according to a proposed class action filed in New York federal court.

  • February 20, 2024

    Chicago Sues Oil Giants, Alleging Climate Change Deception

    The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.

  • February 20, 2024

    Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash

    The widow of a pilot has accused Google's co-founder Sergey Brin of delaying efforts to recover her husband's body after he crashed into the Pacific Ocean while ferrying Brin's private aircraft, saying Brin tried to cover up illegal alterations made to the plane, according to the suit filed in California state court.

  • February 20, 2024

    NM Fire Victims Sue FEMA Over Compensation Delays

    Ten New Mexico residents with property damaged by the Hermit's Peak/Calf Canyon Fire sued the Federal Emergency Management Agency in federal court Friday, saying FEMA is not processing their claims in a timely manner, in violation of an assistance measure Congress passed for victims of the wildfire.

  • February 20, 2024

    Conn. Judge Reluctantly Frees Snap From Sex Assault Suit

    A Connecticut state judge on Friday reluctantly ended a suit alleging Snap Inc. linked an underage girl to registered sex offenders who raped and assaulted her, quoting a First Circuit opinion that held such cases are difficult since Section 230 requires courts to deny relief "to plaintiffs whose circumstances evoke outrage."

  • February 20, 2024

    Colo. Justices Ban Disbarred Atty From Filing Pro Se Actions

    The Colorado Supreme Court on Tuesday banned a disbarred attorney from filing pro se actions in the state, with the justices finding the former lawyer has continued her "vexatious" abuse of state courts despite sanctions and fee awards from multiple trial courts.

  • February 20, 2024

    Meta, TikTok Sued Over NYC Teen 'Subway Surfing' Death

    The mother of a New York City teen who was killed while "subway surfing," a challenge to ride on the outside of subway cars popularized on social media, hit the parent companies of TikTok and Instagram along with the Metropolitan Transportation Authority with a wrongful death suit on Monday.

  • February 20, 2024

    7th Circ. Backs McDonald's Win Over 'Bad Faith' Hot Tea Suit

    The Seventh Circuit on Tuesday ruled that a lower court correctly tossed a man's $13 million "bad faith" lawsuit alleging he was burned by a McDonald's worker in Illinois who threw hot tea at him.

  • February 20, 2024

    Jury Says LSD Didn't Cause Quadriplegia; Insurer To Pay $1M

    A North Carolina insurance company is on the hook for a $1 million settlement between a former high school gymnast who became a quadriplegic after taking LSD and the owners of the home where he ingested the drugs, a Houston federal jury ruled Tuesday.

  • February 20, 2024

    Crypto-Friendly Atty Challenges Warren For Senate Seat

    An attorney known for his pro-crypto views and criticism of the U.S. Securities and Exchange Commission announced on Tuesday a campaign to unseat incumbent and crypto critic Sen. Elizabeth Warren in the Massachusetts senatorial race.

  • February 20, 2024

    How Future Litigators Are Training In A 'Flight Simulator'

    Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.

  • February 20, 2024

    Fluoride Trial Judge Mulls 'Mixed' IQ Evidence In Closings

    A California federal judge questioned the EPA and environmental groups on studies linking fluoride exposure to lower IQs during bench trial closing arguments Tuesday, observing that there's a clear dose-response relationship at high levels of fluoride exposure, but at low levels, "the evidence is mixed — we've got evidence going both ways."

  • 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.

Expert Analysis

  • 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.

  • NC TikTok Order Holds Lessons On Handling State AG Probes

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    Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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