Personal Injury & Medical Malpractice

  • May 09, 2024

    Man Says LG Chem Can't Duck NC Courts In Battery Suit

    A man suing South Korea-based LG Chem Ltd. over an exploding lithium-ion battery is urging a North Carolina federal district court to find that it has jurisdiction over the company, saying LG has sufficient ties to the state through its marketing and selling of the batteries, even if it doesn't sell directly to customers.

  • May 09, 2024

    Conn. Atty Denies Blame For News Story About Willkie Partner

    A solo practitioner in Greenwich, Connecticut, denied blame on Thursday for having "concocted" an unflattering New York Post article that said a Willkie Farr & Gallagher LLP partner and his wife were squatting in a Connecticut mansion during a heated legal battle with their landlord.

  • May 09, 2024

    Philly Doctor Loses Bid To Restore $15M Bias Award

    A Philadelphia federal judge on Thursday denied a former Thomas Jefferson University Hospital surgeon's request to reinstate a $15 million jury verdict against his onetime employer, reasoning that the judge would have reached the same conclusion as a previous judge who vacated the award before recusing himself from a new trial.

  • May 09, 2024

    Insurer Still Can't Escape Explosion Coverage Row

    An insurer cannot yet avoid defending gas companies in personal injury litigation after a subcontractor caused an explosion injuring three people, an Indiana federal court has ruled, reiterating a previous finding that the subcontractor's ultimate release from liability following a settlement has no bearing on the gas companies' additional insured status.

  • May 09, 2024

    GE Dropped From Louisiana Factory Contamination Suit

    A Louisiana federal judge has dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.

  • May 09, 2024

    11th Circ. Rejects Monsanto's Roundup Suit Redo Request

    The full Eleventh Circuit has rejected Monsanto's renewed request for review of a panel's ruling that a Georgia doctor can allege the company failed to warn about cancer risks associated with the use of Roundup weedkiller despite federal pesticide labeling requirements.

  • May 09, 2024

    Fla. Justices Say Widow Is Surviving Spouse Under The Law

    The Florida Supreme Court ruled Thursday that the widow of a mesothelioma victim who married her spouse after his injury can be considered a surviving spouse under the state's Wrongful Death Act.

  • May 08, 2024

    Ritz-Carlton Can't Dump Suit Over 'Semen-Contaminated' Water

    The Ritz-Carlton Hotel Co. must face the majority of a couple's lawsuit alleging they were served water that had been contaminated with an employee's semen at its Half Moon Bay resort, a California federal judge ruled after dismissing claims against the hotel's parent company Marriott International.

  • May 08, 2024

    Boeing Again Seeks Exit From Suit Over Love-Triangle Murder

    The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.

  • May 08, 2024

    Wash. Families Fight Monsanto's Bid To Split Up PCB Trial

    Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.

  • May 08, 2024

    Biden Signs Law To Protect Children From Online Exploitation

    President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.

  • May 08, 2024

    Feds Charge Two For Killing Witness In Staged Crashes Probe

    Federal prosecutors in Louisiana have charged two people for murdering a witness who cooperated with the government's investigation into an alleged insurance scam involving multiple staged car crashes in the New Orleans area.

  • May 08, 2024

    Jury Instruction Won't Upend $1.4M Motorcycle Crash Verdict

    A California appeals court won't undo a $1.4 million verdict in a suit over a motorcycle accident, saying that even if the trial court gave a jury instruction that was extraneous and not applicable to the facts of the case, there's no indication that it prejudiced or misled the jury.

  • May 08, 2024

    Hawaii Utility Seeks Exit From Shareholder Suit Over Maui Fire

    Hawaiian Electric Industries Inc. has asked a California federal judge to toss an investor suit over a downturn in the company's stock price after a deadly fire broke out on Maui, saying it did not mislead investors about efforts to mitigate fire risk or completely outrule the risk of fire.

  • May 08, 2024

    Mich. Justices Unsure New Mandate Altered Old Auto Policies

    Michigan Supreme Court justices appeared divided Wednesday over whether an overhaul of the state's compulsory car insurance scheme affected pre-existing policies or applied only to policies issued after the reforms went into effect.   

  • May 08, 2024

    Conn. Healthcare Facility Owes $13.4M For Patient's Death

    A state trial court judge on Wednesday refused a Connecticut healthcare facility's requests to scuttle a $10 million jury verdict over a patient's death, agreeing to ratchet an estate's victory up to nearly $13.4 million because of interest dating back more than four years.

  • May 08, 2024

    Wash. Justices Decline Personal Injury Atty's Fee Split Spat

    Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.

  • May 08, 2024

    9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers

    The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy. 

  • May 08, 2024

    Ga. Doctor, Urology Clinic Want New Trial In $15M Death Case

    Attorneys for a Georgia doctor and urology clinic urged the Georgia Court of Appeals on Wednesday to set aside a $15 million jury verdict and order a new trial in a wrongful death case filed by the wife of an 80-year-old man who died following a November 2016 prostate surgery.

  • May 08, 2024

    Vape Fluid Co. Urges Justices To Take Up FDA Challenge

    Lotus Vaping Technologies LLC is urging the U.S. Supreme Court to hear its appeal of the U.S. Food and Drug Administration's denial of its application to market bottled flavored e-cigarette fluids, saying the case provides an appropriate vehicle to examine the FDA's policies.

  • May 08, 2024

    Fishermen Drop $35M Coast Guard Kidnapping Claims

    A pair of fishermen who accused the U.S. Coast Guard of "kidnapping" them for 10 days at sea, destroying their ship and getting them sent to prison for years on drug charges that were later dismissed have voluntarily dropped their $35 million suit over the incident.

  • May 08, 2024

    Kimberly-Clark Blasts 'Illogical' Connecticut PFAS Claims

    Kimberly-Clark Corp. is urging a federal judge to toss a proposed class action brought by three Connecticut residents who argued that the company contaminated private property near its New Milford manufacturing plant with toxic "forever chemicals," calling the allegations "illogical," speculative and incomplete.

  • May 08, 2024

    NJ Court Reverses Order Piercing School Board Atty Privilege

    A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.

  • May 08, 2024

    No Reimbursement For $5.5M Crash Settlement, Insurer Says

    A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.

  • May 07, 2024

    AIG Insurers Near Deal With Foam Co. Over MDL Coverage

    Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.

Expert Analysis

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • NY Wrongful Death Law Revamp Retains Original's Drawbacks

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    If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

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