Personal Injury & Medical Malpractice

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints, and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Trump Asks Court To Wait On 'Uncertain' $83M Carroll Award

    Donald Trump has asked a New York federal judge to hold off on forcing him to pay the $83.3 million he owes writer E. Jean Carroll for calling her a liar, a request that comes the same day he was hit with a $454 million bill in a separate case.

  • February 23, 2024

    Gun Cos. Can't End New York AG's Ghost Gun Crisis Suit

    A New York federal judge Friday largely denied a dismissal bid by gun distributors accused by New York Attorney General Letitia James of selling gun parts that can be easily converted into "ghost guns" to customers without background checks, rejecting the distributors' argument that the state's claims infringe on the Second Amendment.

  • February 23, 2024

    'Rust' Set Was Open To Evidence Tampering, Jury Hears

    A New Mexico jury heard Friday that the possibility of evidence tampering both strengthened and weakened a manslaughter case against the armorer for the movie "Rust" in a trial over her role in the accidental fatal shooting of a cinematographer by Alec Baldwin.

  • February 23, 2024

    Miss. High Court Won't Axe Liver Failure Wrongful Death Suit

    The Mississippi Supreme Court reinstated wrongful death claims brought by the widow of a driver who suffered injuries in an auto crash but died due to liver failure after being prescribed acetaminophen, finding that the question of whether his death was foreseeable is one for the jury to decide.

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    State Farm Alleges Health Co. Violated Deal To Drop 366 Suits

    Two State Farm units are accusing an automobile accident-focused healthcare center of wrongly pursuing 366 lawsuits against the insurer despite a settlement agreement State Farm said requires the facility to drop those suits.

  • February 23, 2024

    Fla. Suit Says AP Helped Terrorists During Oct. 7 Attack

    A group of people who were present during the Oct. 7 attack in Israel have brought a Florida federal lawsuit against The Associated Press, alleging that the news organization aided terrorists during the incident by using coverage from freelance journalists connected to Hamas.

  • February 23, 2024

    Social Media Addiction Fight Akin To Big Tobacco, Judge Says

    A California federal judge appeared skeptical Friday of dismissing claims by parents and children seeking to hold Facebook founder Mark Zuckerberg liable in sprawling personal injury multidistrict litigation over social media's allegedly addictive design, comparing the addiction allegations to Big Tobacco cases that proceeded past the pleading stage.

  • February 23, 2024

    Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card

    A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.

  • February 23, 2024

    Tobacco Cos. Look To Nix COPD Suit Decades After Diagnosis

    Tobacco companies R.J. Reynolds and Philip Morris asked a Massachusetts state judge on Friday to end a wrongful death lawsuit brought decades after a woman's COPD diagnosis and nearly three years after her death, pointing to a state high court ruling last summer that affirmed strict time limits for such claims.

  • February 23, 2024

    Texas Justices Clear Union Pacific, Landowner In Crash Suit

    The Texas Supreme Court on Friday threw out negligence claims against Union Pacific Railroad Co. in a suit over a fatal crash at a railroad crossing, saying the evidence does not support the plaintiffs' contention that the crossing was "extra-hazardous" to the point that a prudent driver couldn't safely cross without additional warnings.

  • February 23, 2024

    5th Circ. Won't Revive Mississippi Plane Crash Suit

    The Fifth Circuit has affirmed a Mississippi federal judge's decision dismissing claims by an airplane pilot who was severely injured in a crash, ruling that a lower court was right to dismiss the case on jurisdictional grounds.

  • February 23, 2024

    Walgreens Investors Near Deal In Suit Over Opioid Epidemic

    An Illinois federal judge agreed Friday to maintain a stay in a stockholder derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids, a day after the parties announced an agreement in principle to resolve their dispute.

  • February 23, 2024

    US Gun Cos. Seek Time For Justices' Input On Mexico's Suit

    Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.

  • February 23, 2024

    Alec Baldwin Loss Claims Trimmed In 'Rust' Shooting Suit

    A California judge has dismissed with leave to amend loss of consortium claims against Alec Baldwin and El Dorado Pictures Inc. by the family of the cinematographer who was shot and killed on the set of "Rust," saying they had not alleged a close enough relationship to her to sustain the claims under New Mexico law.

  • February 23, 2024

    Ex-Professor Atty Hits NJ University With Retaliatory Firing Suit

    New Jersey City University has been slammed with a lawsuit in state court from an attorney and former professor who claims he was demoted and then fired in retaliation for reporting that a former university official allegedly sexually harassed a student.

  • February 23, 2024

    Pa. Dentist Hit With $11M Verdict In Cancer Patient's Suit

    A Pennsylvania jury has awarded an $11 million verdict to a woman who claimed her dentist failed to promptly send her for a biopsy of a sore in her mouth that eventually developed into Stage IV cancer, her attorneys announced Friday.

  • February 23, 2024

    6th Circ. Backs DOL's Black Lung Benefits Award For Miner

    The Sixth Circuit stood by an administrative law judge's ruling that a former coal miner is entitled to black lung benefits even if his long history of smoking might have also contributed to his pneumoconiosis, denying a petition for review from the man's former employer.

  • February 23, 2024

    Ex-Major Lindsey Worker Fights Arbitration In Sex Assault Suit

    The trustee for a former Major Lindsey & Africa employee pursuing a negligence suit in New York state court against the firm tied to a reported sexual assault has filed an opposition to the legal recruiting giant's motion to compel arbitration, arguing that it disregarded "the seismic shift in the law against forced arbitration."

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Miami Atty Hits Fla. Bar, Newspaper With $5B Libel Action

    A Miami lawyer has targeted the Florida Bar and a newspaper with a defamation suit seeking $5 billion in damages, alleging that an article published about the events surrounding a previous legal action he filed against a doctor caused him "irreparable reputational damage both as a common citizen and as [an] attorney."

  • February 22, 2024

    Was Armorer 'Sloppy' Or 'Scapegoat'? 'Rust' Trial Opens

    An attorney for film prop weapons expert Hannah Gutierrez-Reed told a New Mexico state jury during opening statements in her involuntary manslaughter trial Thursday that the producers of "Rust," including actor Alec Baldwin, used the young armorer as a "scapegoat" in the fatal on-set shooting of a cinematographer.

  • February 22, 2024

    Mass. Medical Regulator Seeks Pregnancy Center Records

    A group of pregnancy crisis centers in Massachusetts and their medical director have been hit with a civil investigative demand by the state's medical board, which says it is looking into allegations the clinics "may be engaging in deceptive practices" and allowing unlicensed employees to perform ultrasounds and other procedures.

  • February 22, 2024

    Fire Product Makers Try To Move PFAS Suit To Fed. Court

    A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.

Expert Analysis

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

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