Personal Injury & Medical Malpractice

  • February 15, 2024

    'Romeo & Juliet' Stars Sue Paramount Again Over Nude Scene

    "Romeo & Juliet" actors Olivia Hussey and Leonard Whiting on Wednesday sued Paramount Pictures again in California state court for rereleasing the 1968 film adaption of William Shakespeare's tragedy that included a nude scene, this time arguing they never consented to the redistribution of the content for the February 2023 rerelease.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 15, 2024

    Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

    Cole Scott & Kissane PA should be booted from representing the defendants in a car wreck lawsuit because it failed to disclose that a firm attorney formerly represented the plaintiff in a different crash case that has become an issue in the current one, the plaintiff told a Florida federal court Thursday.

  • February 15, 2024

    4E Agent Floats Plan To Hand Disputed Atty Fees To Creditors

    The Chapter 11 agent for hand sanitizer maker 4E Brands Northamerica LLC has asked a Texas bankruptcy judge to approve a modified reorganization plan that would allow unsecured creditors to recover fees that Jackson Walker LLP may be forced to disgorge over an ethics scandal involving a former partner.

  • February 15, 2024

    LA Attorney Says The Barnes Firm Owes Him About $6M

    In litigation related to the now-defunct personal injury giant Cellino & Barnes, a California attorney is arguing that successor law firms defrauded him during severance negotiations and now owe him about $6 million.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    ICE Reaches Settlement Over Mistaken Raid On Couple

    The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.

  • February 15, 2024

    Pearl Harbor Cleanup Needs Fuller Accounting, Watchdog Says

    Cleaning pollution from fuel spills near the U.S. Navy base at Pearl Harbor, Hawaii, could take decades, but the U.S. Department of Defense's reports to Congress only include cost estimates through this year, making planning difficult, a government watchdog has warned.

  • February 14, 2024

    'Stupid' To Grant Baby Food Mass Tort Fees Now, Judge Says

    A California judge said Wednesday that he thinks it is "stupid" to grant food companies, including Walmart, more than $600,000 in legal costs following their win in a lawsuit alleging a child's autism was caused by heavy metals in baby food, but it is unclear what the law requires.

  • February 14, 2024

    Epstein Survivors Say FBI's 'Botched' Probes Allowed Abuse

    Twelve survivors of sexual predator Jeffrey Epstein claim the FBI failed to investigate numerous allegations that he was trafficking and sexually assaulting young women and children, allowing the abuse to continue for more than two decades, according to a lawsuit filed Wednesday in New York federal court.

  • February 14, 2024

    NY Top Court Weighs Weinstein's 'Prior Bad Acts' Evidence

    New York's highest court asked tough questions of all sides as they heard former Hollywood mogul Harvey Weinstein's appeal of his rape conviction Wednesday, focusing on whether it was fair to present accusations of uncharged crimes to the jury.

  • February 14, 2024

    Colo. Hospital Sued For Denying Gender Dysphoria Surgery

    A patient is suing the Children's Hospital Colorado for discrimination and allegedly violating state law after a new policy barred surgical treatment for gender dysphoria, leading to the immediate cancellation of all surgeries for transgender patients, according to a suit filed Wednesday.

  • February 14, 2024

    Mo. Hospital Faces Action Over Breach Of 500K Patients' Data

    A Missouri hospital has been hit with a proposed class action after allegedly taking five months to notify more than 500,000 patients that their sensitive information had been compromised, according to a complaint filed in Missouri federal court.

  • February 14, 2024

    San Francisco's Ankle Monitor Rules Put On Hold

    A federal judge in California has halted the San Francisco Sheriff's Office from enforcing rules that forced criminal defendants released pretrial under electronic monitoring to agree to be subjected to warrantless and suspicionless searches at any time and allow their GPS data to be shared among law enforcement agencies, court documents show.

  • February 14, 2024

    NJ Town Looks To Stay 'Historic' $393M PFAS Settlement

    A New Jersey town is looking to pause the final approval of a proposed $393 million settlement between the Garden State and the American arm of Belgian chemical company Solvay over "forever chemical" contamination, arguing the state and its outside counsel have ignored the law in order to settle quickly.

  • February 14, 2024

    Ind. Justices Find Eateries Can Be Liable Under Dram Shop Act

    Two restaurant owners could be held liable in a negligence case over a drunken driver who crashed into and killed another man, the Indiana Supreme Court has held, finding the state Dram Shop Act changed common-law liability for businesses that provide alcohol — but did not eliminate it.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Diocese Says Mich. Victims Can't Bring Decades-Old Claims

    The Roman Catholic Diocese of Lansing told the Michigan Supreme Court on Tuesday that a 2018 law extending the statute of limitations for sexual abuse claims doesn't apply retroactively, arguing parties would otherwise be forced to mount "nearly impossible" defenses of decades-old claims.

  • February 14, 2024

    Ohio Doc. Group Not Named Too Late In Neck Injury Suit

    An Ohio state appeals court has revived a woman's claims against Mid-Ohio Physicians LLP and one of its doctors in a suit alleging she fell out of a hospital bed and sustained injuries, saying the trial court was wrong to find that she'd added them to the suit after the statute of limitations had expired.

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

  • February 14, 2024

    'Rust' Armorer, Atty Responsible For Text Leak, Judge Rules

    A New Mexico judge declined Wednesday to dismiss the involuntary manslaughter case against "Rust" film weapons expert Hannah Gutierrez-Reed, finding that she and her attorney are to blame for a leak of their private cellphone communications.

  • February 14, 2024

    South Jersey Agency Must Face Suit Over Fatal Tollbooth Crash

    A New Jersey appeals court on Wednesday declined to let the South Jersey Transportation Authority escape a suit over a fatal car crash at a toll plaza, saying the trial court didn't abuse its discretion by allowing the family to file a late notice of claim after receiving video of the crash.

  • February 14, 2024

    Fisher-Price, Mattel Settle MDL Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel have reached a settlement with a class of consumers who claimed the Rock 'n Play Sleeper was falsely advertised as safe for infants to sleep in despite several deaths related to the product.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 13, 2024

    Philly Judge Must Reconsider Venue For Tooth Implant Suit

    A precedential ruling from the Pennsylvania Superior Court held that a Philadelphia judge improperly ruled that a dental malpractice case alleging a tooth implant damaged a patient's lingual nerve did not belong in the city, saying the judge wrongly put the burden on the plaintiff to show her suit belonged in the city's court system.

Expert Analysis

  • Cases Linking Baby Food, Autism Pose Causation Challenges

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Series

    Participating In Living History Makes Me A Better Lawyer

    Author Photo

    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • How Attys Can Weather The Next Disaster Litigation Crisis

    Author Photo

    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

    Author Photo

    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • The 3 E's Of Limiting Injury Liability For Worker Misconduct

    Author Photo

    The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.

  • Opinion

    Proving Causation Is Key To Fairness And Justice

    Author Photo

    Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

    Author Photo

    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!