Personal Injury & Medical Malpractice

  • February 07, 2024

    Conn. Justices OK $35M Verdict, Punt On 'Wrongful Life'

    Though it declined to resolve a trial court split over wrongful life actions, the Connecticut Supreme Court has upheld a $34.6 million malpractice verdict after a fertility procedure at University of Connecticut Health Center ended with the death of one infant before birth and lifelong complications for another.

  • February 07, 2024

    Repair-Shop Slip Triggers Auto Coverage, Mich. Justices Say

    A woman who fell into a service pit during an oil change is entitled to personal injury protection benefits under Michigan's auto insurance law, the state's Supreme Court ruled Wednesday, finding the accident was sufficiently related to car maintenance.

  • February 07, 2024

    LA Sheriffs Can't Be Sued Over Illegal Street Racer Crash

    A California appeals court won't revive claims made by a motorcyclist against three Los Angeles Sheriff's Department deputies over a collision that happened while they were breaking up an illegal street race, saying the biker hasn't shown the deputies exhibited gross negligence.

  • February 07, 2024

    6 Charged With Defrauding Court-Appointed Attorneys

    Six defendants were charged in Brooklyn federal court with stealing and cashing checks that were meant for court-appointed attorneys' legal work, prosecutors announced Wednesday.

  • February 07, 2024

    Georgia Plaintiffs Boutique Expands After Big Wins

    When Tedra Cannella and Rob Snyder left their Atlanta plaintiffs firm Butler Prather LLP to hang their own shingle two years ago, plaintiffs attorney Alexandra "Sachi" Cole said she wasn't the only one who took notice.

  • February 07, 2024

    5th Circ. Judge Doubts Samsung On Hook For Exploding Vape

    A Texas man injured when a Samsung battery in his e-cigarette exploded faced resistance from a Fifth Circuit judge Wednesday who disputed the idea the technology company could face a state personal injury suit just because its batteries were shipped to the Lone Star State for other purposes. 

  • February 07, 2024

    Insurers Reach Agreement In School Construction Injury Suit

    Travelers has ended its dispute over whether another insurer must defend a general contractor, school district and construction manager in a worker's personal injury lawsuit as additional insureds, after a New York federal judge on Wednesday approved the parties' mutual request to drop the action.

  • February 07, 2024

    Camp Lejeune Plaintiffs Can't Get Jury Trial In Water Suit

    A group of North Carolina federal judges overseeing the Camp Lejeune contaminated-water litigation have struck the plaintiffs' bid for a jury trial, finding the Camp Lejeune Justice Act does not clearly and affirmatively grant a right to a jury trial in an action against the government.

  • February 07, 2024

    NC Panel Reverses Doctor's Malpractice Coverage Win

    The North Carolina Court of Appeals reversed a trial court’s decision that found a doctor was entitled to defense coverage under his medical malpractice policy for a state medical board investigation, ruling that the doctor failed to timely notify the insurer of the investigation and therefore did not deserve coverage.

  • February 07, 2024

    Insurer Asks 9th Circ. To Rehear Wildfire Pollution Ruling

    An insurer urged the Ninth Circuit to rehear a dispute over its obligation to defend a contractor against a truck driver's lung injury suit, arguing that the majority wrongfully relied on a 2003 California Supreme Court ruling to find a pollution exclusion didn't apply.

  • February 07, 2024

    Alec Baldwin Trial Date Scrapped After Judge Shuffle

    Alec Baldwin's trial date in August has been nixed following a judge reassignment in the case against the actor, who is accused of involuntary manslaughter in connection with the on-set shooting death of cinematographer Halyna Hutchins during the filming of "Rust" in New Mexico.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

  • February 06, 2024

    SpaceX Accused Of Sex Harassment, Retaliation In Calif.

    California's Civil Rights Department has received complaints that SpaceX has fired engineers who raised concerns about sexual harassment, gender discrimination and a hostile work environment created by CEO Elon Musk's public comments, according to complaints viewed by Law360 on Tuesday.

  • February 06, 2024

    Seattle Hospital Must Pay Up For 'Huge' Negligence, Jury Told

    Counsel for three families whose children had to undergo anti-fungal treatment after a Seattle hospital exposed them to mold urged a Washington state jury Tuesday to aim high on their damages award during closing arguments in a bellwether trial, citing lasting consequences that merit more than "a couple hundred thousand dollars."

  • February 06, 2024

    Church Of Scientology Fights Uphill To End Leah Remini Suit

    A California judge indicated Tuesday that he'll trim some claims from actress Leah Remini's lawsuit alleging the Church of Scientology organized a campaign of harassment, but suggested he'd preserve other key claims and criticized a Scientology unit's efforts to avoid the religion's leader being served.

  • February 06, 2024

    3rd Circ. Frees Coast Guard From Suit Over Rescue Attempt

    The U.S. can't be held civilly liable for the drowning death of a conch fisherman, the Third Circuit ruled Tuesday, saying the seaman's estate could only maintain claims if the U.S. Coast Guard's rescue mission had actually put the man in more danger.

  • February 06, 2024

    Ark. Police Chief Owes $2M, City $30M In Teen Shooting Death

    An Arkansas city and its police chief owe a combined $32 million to the family of an armed teenager who was fatally shot by police in the midst of a mental health crisis, a jury has decided, finding that the chief and city are liable for failures to train and investigate. 

  • February 06, 2024

    737 Max In Alaska Air Blowout Had 'Missing' Bolts, NTSB Says

    A mid-cabin panel that blew off a Boeing 737 Max 9 jet mid-flight last month appeared to have been missing four bolts meant to secure it in place, before the aircraft was ever delivered to Alaska Airlines, the National Transportation Safety Board said in a preliminary report Tuesday.

  • February 06, 2024

    NC Virus Law Won't Free Surgeon From Med Mal Suit, Panel Says

    North Carolina's COVID-19 emergency law cannot shield a doctor and hospital from a patient's lawsuit alleging she nearly died from a botched hysterectomy, a state appeals court ruled Tuesday, reasoning the medical providers didn't show how the virus affected the patient's treatment.

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    Boy Scout Victims Can't Redo Box Check Mistake, Court Says

    A group of childhood sexual abuse survivors who say they inadvertently elected for a quicker but smaller claims pay out from the Boy Scouts of America can't reverse their selection, a Delaware bankruptcy judge ruled, saying the motions to revise their ballots is a request to modify a confirmed Chapter 11 plan.

  • February 06, 2024

    4th Circ. Cites W.Va. Justices As It Affirms Coverage Win

    The Fourth Circuit on Tuesday upheld a chemical storage company's win for coverage of three former workers who said their cancer was caused by exposure to toxic fumes after the West Virginia Supreme Court recently found the state would apply the continuous trigger theory to long-tail injury claims.

  • February 06, 2024

    Thousands Hit Feds With Third Suit Over Fuel Spill

    More than 2,200 military family members and civilians hit the U.S. government with a third suit over the Navy's allegedly negligent role in causing and responding to a large fuel leak affecting drinking water systems serving Joint Base Pearl Harbor-Hickam, Hawai'i

  • February 06, 2024

    McDonald's Franchisee Settles Sex Assault Lawsuit For $4.4M

    A bankrupt McDonald's franchisee will pay $4.35 million to end a lawsuit from the family of a 14-year-old worker raped by a manager who had previously been convicted of sexually assaulting a child, according to a petition to approve the deal in Pennsylvania state court.

  • February 06, 2024

    Harvard Entitled To Withhold Diploma Amid Probe, Judge Says

    A Boston federal judge ruled Tuesday that Harvard University didn't violate its agreement with a former student when it withheld his degree as classmates leveled sexual misconduct accusations against him.

Expert Analysis

  • 3 Personal Jurisdiction Questions Mallory Leaves Unanswered

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    The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Justices Could Use Purdue To Resolve Related Circuit Split

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    The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.

  • Cases Linking Baby Food, Autism Pose Causation Challenges

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    Major baby food producers are now in the crosshairs of regulators, consumer advocates and plaintiffs attorneys over allegations their products contain heavy metals that harm children's development — but it will be difficult for plaintiffs to establish causation, as shown by the lengthy court battles over tobacco and talc, says Vineet Dubey at Custodio & Dubey.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • The Likable Witness: 6 Personality Archetypes To Cultivate

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    During pretrial witness preparation sessions, a few key methods can help identify the likable personality type a witness intuitively expresses, which can then be amplified at trial to create an emotional connection with jurors, says Gillian Drake at On Trial Associates.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • The Likable Witness: Key Traits And Psychological Concepts

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    Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

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