Personal Injury & Medical Malpractice

  • December 05, 2023

    Texas Sued By Pregnant Woman Seeking Abortion Care

    A Texas woman who says she is suffering pregnancy complications sued the Lone Star State on Tuesday seeking to block its abortion bans, so she may terminate a nonviable fetus, in what an advocacy group believes is a first-of-its-kind case since the U.S. Supreme Court decided Roe v. Wade in 1973.

  • December 05, 2023

    Trump Won't Get Another Shot At $475M CNN Defamation Suit

    A Florida federal judge said Tuesday that he won't be reconsidering his decision to throw out former President Donald Trump's $475 million defamation suit against CNN, ruling that he hasn't pointed to any clear or obvious errors in the dismissal order.

  • December 05, 2023

    Seamen Seek To Revive Suit Over COVID-Infested Ship

    Seven crew members on a cruise to Antarctica that set off after the U.S. Centers for Disease Control and Prevention's no-sail order at the start of the COVID-19 pandemic urged the Eleventh Circuit on Tuesday to revive their suit against their employer, arguing the proper forum for the claims is Florida.

  • December 05, 2023

    Investors Sue Smith & Wesson Brass Over Assault Rifle Biz

    Smith & Wesson's directors and senior executives place their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings, according to a Nevada state lawsuit filed Tuesday by a group of Catholic sisters.

  • December 05, 2023

    Chicagoans Seek OK Of $12.25M Deal Over Toxic Demolition

    A group of Chicago residents asked an Illinois federal judge Monday for her initial blessing of their $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • December 05, 2023

    8th Circ. Reverses Bridge Collapse Coverage Ruling

    The Eighth Circuit reversed a decision Tuesday that a Liberty Mutual unit owed coverage as a matter of law to an engineering firm for an underlying action over a bridge collapse that injured several construction workers and resulted in a $2.5 million settlement.

  • December 05, 2023

    Travelers Says No Coverage In Ericsson Terrorist Bribery Suit

    Travelers told a Texas federal court Tuesday it should have no duty to defend or indemnify Swedish telecommunications giant Ericsson Inc. over claims that it engaged in a "global bribery scheme" with foreign terrorist organizations like al-Qaeda and ISIS to protect its business interests in the Middle East.

  • December 05, 2023

    Ga. Judge Puts Hold On Murder Retrial Of Ex-BigLaw Atty

    The Georgia retrial of a former Fisher Phillips partner accused of murdering his wife was put on hold Tuesday after the Fulton County Superior Court judge overseeing the case said he would not allow prosecutors to allege for the second time that Claud "Tex" McIver intended to kill his wife when he shot her.

  • December 05, 2023

    EMT Escapes Crash Suit Under Calif. Med Mal Law

    California's Medical Injury Compensation Reform Act, or MICRA, and its one-year statute of limitations dooms a suit accusing an emergency medical technician of hurting a man by negligently rear-ending him in an ambulance because the EMT was working at the time, a California state appeals court has ruled.

  • December 05, 2023

    Jackson Urges High Court To Dispose Of Automatic Vacaturs

    U.S. Supreme Court Justice Ketanji Brown Jackson on Tuesday again criticized a procedural mechanism that obligates the justices to vacate lower court opinions and offered up an alternative analysis they could use to decide whether to vacate rulings by the lower courts.

  • December 05, 2023

    Monsanto Gets Roundup Carcinogen Suit Dismissed

    A California federal judge has dismissed with prejudice a suit by consumers alleging that ingredients in Monsanto's Roundup could form a dangerous cancer-causing substance, saying the complaint fails to allege that such a thing has happened in the products at issue.

  • December 05, 2023

    5th Circ. Unsure Of Free Speech Claims In Tobacco Case

    A Fifth Circuit judge appeared skeptical Tuesday of an argument by R.J. Reynolds Tobacco Co. that cigarette companies' freedom of speech is being violated by government mandated text warnings and supposedly graphic images on packs of cigarettes to advertise the health risks of smoking.

  • December 05, 2023

    $2M Houston Car Wreck Award Reversed Due To Service Error

    A Texas appellate court has reversed a more than $2 million default judgment in a car accident case, writing that the woman injured in the wreck did not follow the Houston court's requirements when serving the driver of the vehicle with her complaint.

  • December 05, 2023

    Florida Jury Awards Driver $12.2M In Dump Truck Crash

    A Florida state jury has awarded a woman $12.2 million for injuries she sustained in a 2020 crash involving a dump truck — the full amount that her attorneys had sought — after less than two hours of deliberation, law firm Morgan & Morgan announced on Tuesday.

  • December 05, 2023

    Panera Hit With Second 'Charged Lemonade' Death Suit

    Panera Bread Co. is being sued in Delaware state court over claims that its "Charged Lemonade" drink is responsible for a patron's death, less than two months after it was hit with a similar suit in federal court over another patron's death.

  • December 05, 2023

    Ethics Referral Of Trump Atty Met With Caution In NJ Case

    A New Jersey state judge will hear arguments in January on whether an allegedly fraudulent nondisclosure agreement between one of Donald Trump's golf clubs and a former server can stand, but he held off on tackling whether a Trump-associated attorney acted unethically in securing the NDA.

  • December 05, 2023

    Calif. Bar Redoubles Bid To Suspend Girardi Son-In-Law

    Days after a California bar judge expressed "concerns" over an attempt to discipline Tom Girardi's son-in-law David Lira amid a federal wire fraud case, and in response to a motion to abate filed by Lira, the state bar has continued to push for his temporary suspension as the criminal case proceeds.

  • December 05, 2023

    High Court Axes ADA Case But Says Issue Is 'Very Much Alive'

    The U.S. Supreme Court decided Tuesday that Acheson Hotels LLC's Americans with Disabilities Act appeal against a self-appointed "tester" is moot, finding the disabled litigant voluntarily dismissed her suit against the company, though the court said the issue of standing to sue over accessibility information on businesses' websites is "very much alive."

  • December 04, 2023

    Intent Issue Looms As Ex-BigLaw Atty Faces 2nd Murder Trial

    Prosecutors and the defense sparred Monday over whether a former Fisher Phillips partner's appellate win and partial past trial victory bar the state from arguing that his wife's death was an intentional, financially motivated act as jury selection for the upcoming retrial began.

  • December 04, 2023

    Justice Jackson Skeptical Of Sacklers' Ch. 11 Liability Shield

    As Purdue Pharma LP and its creditors pushed the U.S. Supreme Court on Monday to bless liability releases granted to members of the Sackler family who own it, a skeptical Justice Ketanji Brown Jackson said it was the owners themselves who created the necessity in the first place by withdrawing billions of dollars from the business before its bankruptcy.

  • December 04, 2023

    Parents Want Abbott Docs On Calif. Law In Baby Formula MDL

    Parents who are suing over contaminated Similac infant formula have asked an Illinois federal judge to force manufacturer Abbott Laboratories to produce documents related to its opposition to a California bill that would have required that formula be tested for heavy metals.

  • December 04, 2023

    Justices Take Cautious Look At Sacklers' Purdue Immunity

    U.S. Supreme Court justices on Monday challenged a bankruptcy watchdog's position that members of the Sackler family shouldn't get a liability shield in Purdue's Chapter 11 plan, focusing discussion on why such immunity might never be appropriate in the most foundational bankruptcy dispute to make it to the high court in several years.

  • December 04, 2023

    Malpractice Time Limit Covers Chiropractors, Ga. Panel Rules

    A Georgia appeals panel on Monday ordered the dismissal of allegations that chiropractors' negligence left a woman with permanent spinal injuries, ruling her lawsuit was barred by state deadlines for medical malpractice suits.

  • December 04, 2023

    Texas Justices Say Airline Crew Can Sue Over Hearing Loss

    The Texas Supreme Court said that a pair of flight attendants can pursue their claims against The Boeing Co. and others over damage to their eardrums while on a flight, saying their refiled suit falls under a state law exception to the two-year statute of limitations.

  • December 04, 2023

    4th Circ. Preview: Oil Giants, Rockefeller Headline December

    The Fourth Circuit's December argument lineup will find the court considering climate science suits brought by Maryland municipalities against oil giants, while also reviewing a $4.6 million employment discrimination judgment against a hospital and a $1 billion lawsuit over the Rockefeller Foundation's alleged role in a medical experiment that infected Guatemalan people with syphilis decades ago.

Expert Analysis

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

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