Personal Injury & Medical Malpractice

  • June 21, 2024

    Billing Report Order Was 'Overly Broad' In Injury Suit, Panel Says

    A Georgia appeals court on Friday vacated a trial court order requiring a medical provider and its claims manager to produce a database report with financial and billing information during discovery in a car accident case, saying the order was overly broad and didn't do enough to protect the companies' confidential information.

  • June 21, 2024

    Mich. Appeals Panel Rescinds Coverage For Auto Policy Fraud

    A Michigan appeals court panel said a trial court was wrong for not rescinding auto insurance coverage held by a woman who made misstatements on her insurance application before she was injured in an accident. 

  • June 21, 2024

    Alex Jones Can't Appeal Bankruptcy Order On Debt To Victims

    A Texas federal judge has rejected Alex Jones' bid to appeal a bankruptcy court order that said he couldn't use his Chapter 11 case to avoid paying damages to the families of Sandy Hook victims, ruling that the legal substance of the right-wing radio host's proposed challenge had already been considered by the Fifth Circuit.

  • June 21, 2024

    Recovery Home Co. Sues Over Denial By Town's Zoning Panel

    A New Jersey township's zoning board has been accused in New Jersey federal court of discriminating against recovering drug addicts and alcoholics by refusing to allow a recovery home to continue to operate in a residential area.

  • June 21, 2024

    Girardi Wants To Block Evidence Of Ex-Clients' Injuries At Trial

    At the upcoming fraud trial of disgraced attorney Tom Girardi, his defense attorneys want to exclude any mention of the horrific injuries suffered by the clients he allegedly stole from, while prosecutors want to introduce evidence that he allegedly spent $25 million to fund the lavish lifestyle of his former celebrity girlfriend.

  • June 21, 2024

    Wolverine Inks Deal To End PFAS Coverage Fight

    Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."

  • June 21, 2024

    Seton Hall Denies Fault For Student's Death In COVID Isolation

    Seton Hall University is asking a federal court to dismiss a wrongful death suit brought by the family of a student who died in mandatory isolation in her dorm room after testing positive for COVID-19 and then having an epileptic seizure.

  • June 21, 2024

    9/11 Firm Consultant Acted Alone In Depo Leak, 2nd Circ. Told

    A New York law firm representing victims of the 9/11 terrorist attacks in a multidistrict litigation told the Second Circuit that a consultant who leaked a deposition transcript to the press acted by himself, asking an appellate panel to reverse millions of dollars in sanctions.

  • June 21, 2024

    Ohio Atty Reinstated After Flinging Feces-Filled Pringles Can

    An Ohio criminal defense attorney suspended for filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center was reinstated this week, according to a court filing.

  • June 21, 2024

    'Rust' Armorer Can't Be Forced To Testify Against Baldwin

    A New Mexico state judge on Friday denied prosecutors' request to grant immunity to a convicted "Rust" film armorer and compel her to testify at actor-producer Alec Baldwin's involuntary manslaughter trial in the fatal on-set shooting of a cinematographer.

  • June 20, 2024

    Attys In Chiquita Case Say Victims Can't Proceed Together

    A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

  • June 20, 2024

    GM's Cruise To Pay Calif. $112K Fine Over Robotaxi Crash

    Cruise LLC agreed to pay a $112,500 penalty for mishandling its response to an October accident involving a pedestrian and one of its autonomous vehicles, and promised to disclose additional data on any collisions to California regulators under a settlement agreement approved Thursday.

  • June 20, 2024

    Ohio Landlord Settles DOJ's Sexual Harassment Suit

    A Youngstown, Ohio, landlord and a property management company settled a sexual harassment suit filed by the U.S. Department of Justice, which had claimed the landlord repeatedly sexually harassed his female tenants while working for the management company.

  • June 20, 2024

    11th Circ. Upholds $2.5M Pelvic Mesh Verdict, Rules Suit Timely

    The Eleventh Circuit on Thursday refused to throw out a woman's $2.5 million victory against Coloplast Corp. in a suit alleging she was implanted with defective pelvic mesh, saying the evidence does not support a conclusion that her claim was filed too late.

  • June 20, 2024

    Catholic Diocese Can't Duck Sex Abuse Suit, NC Justices Told

    A Catholic diocese and a missionary organization can't escape child sex abuse claims by asserting a distinction between the perpetrators and enablers of such abuse under state law, a man suing over abuse he allegedly experienced as a teen has told North Carolina's top court.

  • June 20, 2024

    Ga. Jury Awards $2.35M To Victim Of Sig Sauer Misfire

    A Georgia federal jury awarded over $2.35 million Thursday to a man who was shot when his Sig Sauer handgun accidentally fired in its holster, finding the company was negligent when it failed to put a trigger-mounted safety on its popular P320 pistol.

  • June 20, 2024

    Athletes Want Advocates Kept Out Of NCAA Trans Policy Fight

    A group of female college athletes sought to keep the National Women's Law Center out of its transgender policy dispute with the NCAA, slamming the advocacy organization in Georgia federal court on Wednesday for its attack on the plaintiffs' "legitimate views on biology." 

  • June 20, 2024

    Insurer Hit With Coverage Suit Over Ohio Grocery Shooting

    Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.

  • June 20, 2024

    Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul

    A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.

  • June 20, 2024

    Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case

    The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.

  • June 20, 2024

    Prosecutors Deny Spoiling Evidence In OneTaste Case

    Brooklyn federal prosecutors have denied allegations of misconduct in the forced labor conspiracy case against two executives of sexual wellness company OneTaste, who claim an FBI agent instructed a potential key witness to delete emails.

  • June 20, 2024

    NC Law Firm Fights Ex-Client's Bid To Ditch Malpractice Deal

    A personal injury law firm and one of its former attorneys urged a North Carolina state appeals court to enforce their settlement with a prior client in a legal malpractice suit, as the client asserts that he was sick during mediation and didn't know what he was doing when he signed the agreement.

  • June 20, 2024

    Ill. Panel Says Insurer Off Hook For 23 Carbon Monoxide Suits

    An insurer doesn't need to defend a design firm against 23 allegations that its negligent work led numerous children and others to suffer injuries from carbon monoxide exposure, an Illinois appeals court panel found, affirming a lower court's ruling.

  • June 20, 2024

    Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says

    Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.

  • June 20, 2024

    Ga. Panel Says $3M Damages Should Be Cut In Crash Case

    The Georgia Court of Appeals reversed and vacated a trial court's $3 million compensatory damages award in a case in which a Southern Oil Refinery LLC truck driver rear-ended another vehicle, killing three people.

Expert Analysis

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Confronting The Psychological Toll Of Personal Injury Law

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    Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

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