Personal Injury & Medical Malpractice

  • March 01, 2024

    Diddy Accuser Can't Continue Anonymously, NY Judge Rules

    A woman who anonymously sued Sean "Diddy" Combs must reveal her identity as she continues to litigate her claims that the rapper and his record label's longtime president trafficked and raped her when she was a teenager, a New York federal judge has ruled.

  • March 01, 2024

    Applebee's Atty's 'Mega-Blunder' Warrants Retrial, Court Says

    A Florida appellate panel said Friday that counsel for an Applebee's restaurant made an improper closing statement characterized by one panelist as a "mega-blunder," warranting a retrial of an injury suit accusing the restaurant of causing a customer's slip-and-fall injuries.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air

    A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • March 01, 2024

    Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says

    A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.

  • March 01, 2024

    SC Man Cops To Threatening Fed. Judge, Courthouse

    A South Carolina man has pled guilty to sending a letter threatening to kill a federal judge and warning that he might blow up a courthouse, the government said Friday.

  • March 01, 2024

    UW Settles Missing Tumor Suit After Admitting It Can't Find It

    The University of Washington has settled a medical malpractice lawsuit accusing its hospital staff of losing a tumor before testing it for cancer, after UW admitted that it had been "unable to locate the specimen" since the patient's August 2022 surgery.

  • March 01, 2024

    A 'Loud Bang,' Then Chaos: 'Rust' Director Recalls Fatal Shot

    The director of "Rust" took the stand Friday during the involuntary manslaughter trial of film armorer Hannah Gutierrez-Reed, describing a chaotic scene inside a New Mexico church in the moments before and after the on-set shooting death of the film's cinematographer.

  • March 01, 2024

    Del. Jury Deadlocks In Roundup User's Cancer Death Trial

    A Delaware state jury deadlocked Friday after an 18-day trial on a South Carolina woman's suit blaming Monsanto Corp.'s Roundup herbicide for causing her husband's fatal cancer and seeking millions in damages.

  • March 01, 2024

    Commission Eyes Sweeping Changes To US Olympic Model

    An independent commission called for an overhaul of the U.S. Olympic system Friday, rebuking leaders for failing to keep athletes safe from sexual abuse and calling on Congress to take a more active role in administrating youth sports.

  • March 01, 2024

    Kimberly-Clark Hit With Connecticut PFAS Class Action

    Three Connecticut residents have hit Kimberly-Clark Corp. with a proposed class action for allegedly contaminating private wells near its New Milford manufacturing plant with toxic "forever chemicals" emitted from the facility's smokestacks into the air and spread to the surrounding area.

  • March 01, 2024

    DC Circ. Strikes Down Sentencing Add-On For Jan. 6 Rioter

    A former U.S. Air Force officer who participated in the storming of the Capitol on Jan. 6, 2021, has had his two-year prison sentence vacated, the D.C. Circuit ruled Friday, finding in a precedential ruling that rioters involved should not face an "administration of justice" enhancement because the process they disrupted was legislative, not judicial.

  • March 01, 2024

    Employment Law Firm Sues IT Co. Over Ransomware Attack

    California-based employment law firm Mastagni Holstedt has sued an IT solutions company in Sacramento County Superior Court, saying that after hiring the company to install a network system and server, the firm suffered a ransomware attack forcing it to pay a group known as Black Basta to retrieve its data.

  • March 01, 2024

    Atty Censured Over Conduct In NFL Concussion MDL

    A Pennsylvania federal judge has rejected objections from a law firm and its principal and affirmed a special masters' determination that the attorney be censured for engaging in "questionable behavior" while trying to secure monetary awards for clients from the NFL players' concussion injury litigation settlement.

  • March 01, 2024

    Day Care Says Policy Covers $21.6M Infant Death Judgment

    A day care is urging a Florida federal court to reject its insurer's bid for an early win in a coverage dispute concerning a $21.6 million judgment over an infant's death, saying there are disputed issues of fact about whether the policy was canceled by the insured before the incident.

  • March 01, 2024

    Golf Club Settles Claims Trump Atty Illegally Pushed NDA

    A Trump Organization golf club has settled a former server's claims that she was illegally induced to sign a nondisclosure agreement by one of Donald Trump's lawyers, Alina Habba, reopening the door for the ex-employee to pursue claims that she was sexually harassed on the job.

  • February 29, 2024

    Uber Playing 'Cat & Mouse' In Sex Assaults MDL, Judge Told

    Uber is playing a "cat and mouse game" by withholding documents related to government probes of the ride-hailing company over sexual assaults despite a court order to produce them, a lawyer for sex assault victims in the multidistrict litigation told a California federal magistrate judge Thursday.

  • February 29, 2024

    Vanderpump Rules' 'Scandoval' Sparks Revenge Porn Suit

    Former "Vanderpump Rules" cast member Rachel Leviss on Thursday leveled revenge porn and invasion of privacy claims at cast members Tom Sandoval and Ariana Madix, claiming that sexually explicit videos of her were recorded without her consent and then distributed amid the show's viral "Scandoval" cheating scandal.

  • February 29, 2024

    MoMA Says Assaults 'Unfortunate,' But Not Museum's Fault

    The Museum of Modern Art has asked a New York state court to toss a suit claiming that it failed to protect nude performers in an art exhibition from sexual assault, arguing that, while the incidents are regrettable, the facts of the case don't give rise to legal action. 

  • February 29, 2024

    Don't Trust Trump, Carroll Says, Fighting Pause Of $83M Win

    Writer E. Jean Carroll urged a New York federal judge on Thursday to reject Donald Trump's effort to pause enforcement of an $83.3 million award in her defamation suit, saying the former president is asking the court to trust that the "least trustworthy of borrowers" is good for the money.

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Atty Not Bound By Settlements In Fla. Breach Of Contract Suit

    A Florida appellate panel on Thursday reversed a lower court ruling that a Mississippi attorney violated agreements prohibiting him from publicly disparaging parties and disseminating filings in prior cases, saying he wasn't obligated to follow the settlements despite the parties' intentions of having them apply to him.

  • February 29, 2024

    State Farm Must Face Bad Faith Claims In $3M Crash Row

    A Florida appeals court on Wednesday clarified a prior ruling reviving bad faith claims against State Farm for rejecting an offer to settle a car crash injury suit that led to a $3 million verdict, saying the insurer could still have acted in bad faith in handling the settlement offer even if it had no obligation to accept it.

  • February 29, 2024

    Judge Wary Of Wading Into AG's 'Abortion Pill Reversal' Probe

    A Washington federal judge was reluctant Thursday to stop state Attorney General Bob Ferguson from investigating an anti-abortion clinic group that allegedly promotes an "abortion pill reversal," saying federal courts should be "especially hesitant" to block certain civil enforcement actions when state courts are well-equipped to do so.

  • February 29, 2024

    FCC Chair Takes On Connected-Car Risk In Domestic Abuse

    The Federal Communications Commission's chief wants to study how the agency can protect domestic abuse victims from harassment through the use of connected vehicle technology.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Opinion

    J&J Bankruptcy Could Thwart Accountability For Victims

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    Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.

  • 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.

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