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Personal Injury & Medical Malpractice
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February 03, 2025
Tesla Says Judge DQ Bid In Crash Suit Arrived On Time
Tesla Inc. has doubled down on its bid to disqualify a California federal judge from an accident case over his prior law firm's work, rejecting the plaintiff's argument that the automaker filed the motion too late.
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal
A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.
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January 31, 2025
NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits
The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.
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January 31, 2025
En Banc Pa. Court Restores $2.3M Injury Award Against Domino's
A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.
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January 31, 2025
Ohio Businesses Hit Norfolk Southern With Derailment Suits
Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.
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January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit
A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
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January 31, 2025
Med Transport Broker Must Face Injury Claims, Ga. Panel Says
The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.
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January 31, 2025
Titan Sub Death Suit Sent To Wash. State Court
A Washington federal judge on Friday remanded to state court a wrongful-death lawsuit filed on behalf of a French explorer who died aboard the Titan submersible while exploring the wreck of the Titanic, saying Jones Act claims can't be removed to federal court if the plaintiff chooses to file in state court.
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January 31, 2025
Insurer Says $30M Suit Over Child's Murder Not Covered
An insurer told a Tennessee federal court Friday that due to an assault and battery exclusion, a property management company had no coverage for an underlying $30 million wrongful death suit brought after a boy was fatally shot at one of the company's facilities.
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January 31, 2025
Jet Co. Can't Escape Suits Over Producer's Death In Crash
A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban
New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Ga. Appeals Court Backs Wellstar In Doc Defamation Fight
A former Wellstar Health System doctor who sued the organization for reporting his suspension from duty to a national database had his bid for an injunction forcing Wellstar to void the report shot down by the Georgia Court of Appeals Friday.
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January 31, 2025
Chiropractors Can Testify On Injury Cause, Mich. Panel Says
Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.
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February 07, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Calif. Atty Wins Ruling To Sue Doctor For Defamation
A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.
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January 31, 2025
Ex-Trump Atty Sidney Powell Again Escapes Texas Discipline
Former Trump attorney Sidney Powell has again escaped disciplinary action in connection with her efforts to overturn the results of the 2020 election.
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January 31, 2025
Ex-Kline & Specter Atty Drops Suit Over Departure Dispute
A former Kline & Specter PC associate has dropped his case claiming mistreatment by his former firm, according to recent filings in the Philadelphia County Court of Common Pleas.
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January 31, 2025
Paralegal Says Race, Disability Led To Thompson Coe Sacking
A former paralegal at Thompson Coe Cousins & Irons LLP sued her ex-employer in Texas state court, alleging she was wrongfully fired because of her race and disability while also accusing the firm of sabotaging her attempts at obtaining future employment at other law firms.
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January 31, 2025
RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son
Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.
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January 31, 2025
Fired TikTok Exec's Bias Suit Kept In Court By Arbitration Ban
A New York federal judge largely rejected TikTok's bid to toss a former executive's suit claiming she was pushed out of her job because of her age and gender, also ruling that a law barring sexual harassment disputes from arbitration keeps her claims in court.
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January 30, 2025
OnlyFans Alleged Rape Video Suit Sent To Fla. State Court
A Florida district judge adopted a magistrate judge's recommendation to dismiss a federal lawsuit brought by Jane Doe, an alleged victim who claimed OnlyFans profited from a video of her rape, but sent the case back down to state court where the remainder of her allegations will be tried.
Expert Analysis
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.