Personal Injury & Medical Malpractice

  • May 15, 2024

    US Accused Of Ditching Refugee Families Without Explanation

    Three families the United Nations refugee agency referred to the U.S. for resettlement after they fled to Kenya from Congo are accusing the U.S. government of leaving them in limbo after an eleventh-hour cancellation on their move to the U.S.

  • May 15, 2024

    Pet Telehealth Startup Canned Vet After Bite Injury, Suit Says

    A Massachusetts veterinarian says she was lured to a mobile pet care startup but replaced months later by a younger vet after she claimed workers' compensation for a dog bite suffered on the job.

  • May 15, 2024

    Minn. Suit Against Clinic Over Sex Abuse By Psychiatrist Fails

    A Minnesota appeals court has found that a woman can't pursue vicarious liability claims against a clinic for sexual abuse by one of the psychiatrists working there, saying she released those claims when she entered a settlement with the psychiatrist.

  • May 15, 2024

    No Coverage For Day Care In Toddler Death Suits, Judge Says

    A Progressive unit has no duty to defend or indemnify a now-defunct day care and its former owner in two suits over the death of a toddler who was left in a hot car, a Tennessee federal court has ruled, saying the vehicle involved wasn't covered under the day care's policy.

  • May 15, 2024

    Senators Release 'Road Map' For Crafting Federal AI Policy

    A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.

  • May 15, 2024

    Philly Landlord Settles Paralegal Assault Case For $6M

    The landlord of a Philadelphia office tower will pay $6 million to settle a suit claiming that negligent security allowed a man to sneak into the building and sexually assault a paralegal at a small law firm working upstairs, according to the plaintiff's attorneys.

  • May 14, 2024

    5th Circ. Nixes Catholic Abuse Claimants' Ch. 11 Appeal

    Sex abuse claimants removed from a Catholic archdiocese's bankruptcy unsecured creditors committee don't have grounds for an appeal because they couldn't show the removal was a sanction on them that cost the claimants anything, the Fifth Circuit said.

  • May 14, 2024

    DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal

    Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.

  • May 14, 2024

    Fighters Likely Killed Victims In Chiquita Case, Academic Says

    A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.

  • May 14, 2024

    Colo. Atty Disbarred For Ghosting Client In Jet Purchase Suit

    A Colorado disciplinary judge has disbarred a lawyer who abandoned his client in a lawsuit alleging the client was sold an $800,000 used business jet that was not airworthy, finding the attorney showed a lack of remorse for his misconduct.

  • May 14, 2024

    NC State Fights Cancer Patient's Presuit Building Access

    North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.

  • May 14, 2024

    Hospitals Liable For Failing To Admit Killer, Pa. Justices Told

    The Pennsylvania Supreme Court was reminded Tuesday, during oral arguments over whether someone can be officially treated at a hospital without filling out an application, that the case before them concerned a man who killed his girlfriend after he was turned away despite claiming homicidal and suicidal impulses.

  • May 14, 2024

    Mo. Court Says Chiropractor Must Face Broken Ribs Suit

    A Missouri appellate panel on Tuesday revived a suit accusing a chiropractor of negligently breaking a patient's ribs during a treatment session, saying the patient's two medical experts plausibly opined that the chiropractor used excessive force.

  • May 14, 2024

    Ship Had Blackouts Day Before Baltimore Bridge Crash, NTSB Says

    A container carrier that slammed into Baltimore's Francis Scott Key Bridge and caused its collapse in March experienced two electrical outages during maintenance the day before it even left port, the National Transportation Safety Board said in a preliminary report Tuesday.

  • May 14, 2024

    Vein Tech Maker Faces Investor Suit Over DOJ Kickback Probe

    Vein disease device maker Inari Medical Inc. and three of its current and former executives face a proposed investor class action over claims that the company's share price fell after it disclosed an investigation into its compliance with federal anti-kickback laws.

  • May 14, 2024

    Ind. Panel Agrees Hospital Can't Be Liable If Doctors Aren't

    An Indiana appeals court has refused to reinstate a woman's vicarious liability claim against Indiana University Health North Hospital Inc. in a suit alleging its staff failed to properly diagnose her sepsis, holding the hospital can't be held liable for the conduct of agents who have already been released from liability.

  • May 14, 2024

    Detroit Will Pay $7M To Injured Scooter Rider

    The city of Detroit must pay $7 million to a man who was severely injured when he hit a large pothole while riding a Bird scooter in the city, according to a settlement agreement a Michigan federal judge approved Tuesday.

  • May 14, 2024

    Tort Report: Mass Tort Settlements Beset By Crooked Claims

    Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 14, 2024

    Mother Sues American Airlines Over Son's In-Flight Death

    A mother has hit American Airlines with a wrongful death lawsuit, claiming its flight crew members were ill trained and poorly equipped to deal with a medical emergency her teenage son suffered during a flight, according to the complaint filed in Texas federal court.

  • May 14, 2024

    Plant Gas Emissions Suit Tossed For Lack Of Injury Standing

    A West Virginia federal judge has thrown out a proposed class action alleging a plant operated by Union Carbide Corp. and Covestro LLC emitted carcinogenic gas and increased the likelihood of cancer in nearby residents, finding the claim of injury too speculative to support the case.

  • May 14, 2024

    Vince McMahon Calls Accuser Hypocritical In Arbitration Push

    Embattled World Wrestling Entertainment Inc. founder Vince McMahon has characterized a former employee's bid to strike his preliminary statement from her lawsuit as meritless hypocrisy, a move that comes roughly four months after she first lodged the shocking complaint against him alleging abuse and trafficking.

  • May 14, 2024

    Ex-Mich. U. Hockey Player Says His Graffiti Wasn't Antisemitic

    A former University of Michigan hockey player has urged a federal judge to keep his defamation case against an antisemitism watchdog group alive, skewering the group's "nonsense" characterization of his graffitiing near a campus Jewish cultural center.

  • May 14, 2024

    Scooter Rider Not A 'Pedestrian' In PIP Suit, NJ Justices Affirm

    An electric scooter operator who was struck by an automobile is not entitled to personal injury protection benefits under his auto policy, a unanimous New Jersey Supreme Court affirmed Tuesday, saying the operator does not fall within the definition of "pedestrian" for purposes of the state's No-Fault Act.

  • May 13, 2024

    Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now

    A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.

  • May 13, 2024

    Fla. Court Upholds Apt. Complex's Win In Wrongful Death Suit

    The mother of an autistic 6-year-old girl who drowned in a river near her Tampa, Florida, home can't sue the apartment complex for not putting up a fence, a state appeals court ruled, saying there was nothing unusually dangerous about that waterway.

Expert Analysis

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.

  • Opinion

    Litigation Funding Needs Regulating To Meet Ethics Standards

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    Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs

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    The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.

  • Rebuttal

    High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

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