Personal Injury & Medical Malpractice

  • May 15, 2024

    Colo. Law Firm Settles Bad Faith Suit Against Insurer

    A personal injury firm has notified a Colorado federal court it has reached an agreement with its insurer in a coverage dispute over litigation costs from another suit against a former attorney accused of trying to lure away the firm's class action department after her departure.

  • May 15, 2024

    Michigan Can't Shake Lawsuit Over Prison's Scabies Outbreak

    The director of the Michigan Department of Corrections and other high-ranking officials must face claims that they allowed an outbreak of scabies in a women's prison to go untreated for years, a federal judge has ruled.

  • May 15, 2024

    Knicks Owner Must Face Sexual Assault Suit, Accuser Says

    A massage therapist has urged a California federal court to not let New York Knicks owner James Dolan out of her lawsuit accusing him of coercing her into a sexual relationship, saying she sufficiently claimed that he forced himself on her despite her refusals.

  • May 15, 2024

    House-Passed FAA Reauthorization Bill Now Heads To Biden

    The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.

  • 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.

Expert Analysis

  • 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.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

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