Personal Injury & Medical Malpractice

  • January 30, 2025

    Insurer Says It Owes No Coverage For Boys Home Abuse

    An insurer told a Washington federal judge Thursday that it should be off the hook for coverage in an underlying case involving sexual abuse claims at home for boys because the alleged harm occurred years before the first policy was issued to the group home operator.

  • January 30, 2025

    Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits

    Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.

  • January 30, 2025

    Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal

    A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.  

  • January 30, 2025

    Consumers Want L'Oréal Acne Products Suits In Hawaii

    Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.

  • January 30, 2025

    Symetra To Pay $2M To End Structured Settlement Suit

    Insurance conglomerate Symetra has agreed to pay more than $2.1 million to settle a proposed class action in Washington federal court accusing two Symetra entities of luring roughly 2,000 recipients of personal injury settlements into selling their future stream of payments for a heavily discounted lump sum.

  • January 30, 2025

    Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told

    Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.

  • January 30, 2025

    Ga. Businesses 'Over The Moon' With Tort Reform Proposals

    Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.

  • January 30, 2025

    Combs Victimized 3 Women, Feds Charge In Expanded Case

    Sean "Diddy" Combs forced at least three women to engage in commercial sex acts, federal prosecutors in Manhattan said Thursday in a superseding indictment accusing the jailed hip-hop icon of using his business empire to sexually abuse and exploit women for 20 years.

  • January 30, 2025

    Panel Passes On Snowboarder's Version Of Ski Waiver Ruling

    A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.

  • January 30, 2025

    Beasley Firm Must Face Ex-Client's Suit Over Med Mal Claim

    A New Jersey appellate panel on Thursday reinstated a legal malpractice lawsuit accusing The Beasley Firm LLC of mishandling a medical malpractice lawsuit, saying the trial court erred in granting summary judgment to the law firm.

  • January 29, 2025

    Albertsons Must Face County's Opioid Nuisance Claims

    Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.

  • January 29, 2025

    Fla. Yacht Owner Seeks Depo At Courthouse After Shooting

    A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.

  • January 29, 2025

    BI Ignored 'Red Flag After Red Flag' On Zantac, Jury Hears

    Counsel for two men retrying their cancer case against Boehringer Ingelheim told an Illinois state court jury Wednesday that the drugmaker stuck its head in the sand and ignored warning signs that taking its over-the-counter Zantac could lead to cancer development.

  • January 29, 2025

    Families Of Slain Urge Justices To Uphold Terror Victim Law

    Relatives of U.S. nationals killed in terrorist attacks in Israel told the U.S. Supreme Court this week that the Second Circuit was wrong to invalidate a federal law that broadened jurisdiction for Anti-Terrorism Act cases against the Palestine Liberation Organization.

  • January 29, 2025

    EPA Can't Invoke Immunity In Flint Water Crisis Suit

    The U.S. Environmental Protection Agency is not entitled to a government immunity defense in a lawsuit filed by Flint, Michigan, residents who claim it failed to take proper action during a lead-tainted drinking water crisis, a federal judge has said.

  • January 29, 2025

    Defamation And Default Alleged In Conn. Mortgage Biz Battle

    A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.

  • January 29, 2025

    Driver Says Okla. Cops Forced Catheter On Him As Minor

    An Oklahoma man is suing a police department, sheriff's office and Harmon County, alleging that when he was 17, police forced him to be catheterized for a drug screening against his will after he was a victim of a road rage incident.

  • January 29, 2025

    NY Archdiocese Wants Abuse Coverage Row Segmented

    The Archdiocese of New York urged a New York state court to analyze coverage in phases for over 1,300 sex abuse lawsuits it and its affiliated entities face, arguing that because the "vast majority" of the underlying lawsuits are still being litigated, assessing coverage prematurely could be "highly prejudicial."

  • January 29, 2025

    Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict

    A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.

  • January 29, 2025

    Jay-Z Says Buzbee Barratry Suits Cite Fake Texas Investigator

    Attorneys for Shawn "Jay-Z" Carter told a Houston federal court that personal injury lawyer Tony Buzbee included a fictitious defendant in two lawsuits claiming the rapper tried to recruit former Buzbee clients to file malpractice claims.

  • January 29, 2025

    Ailing Harvey Weinstein Begs Judge To Move Up NY Retrial

    Disgraced Hollywood movie mogul Harvey Weinstein pleaded with a New York state judge on Wednesday to move up the date of his retrial on rape and sexual assault charges, telling the court he is dying of cancer in the city's "medieval" jail, which he called a "hellhole."

  • January 29, 2025

    Buzbee Client Drops Assault, Malpractice Suit

    A woman has moved to drop a lawsuit in New York state court alleging Texas personal injury lawyer Tony Buzbee — known lately for representing women who have accused Sean "Diddy" Combs and Shawn "Jay-Z" Carter of sexual misconduct — assaulted her and mishandled her divorce case.

  • January 28, 2025

    Erika Girardi Didn't Know About Fraud, Appeals Court Says

    A California appellate court Tuesday refused to disturb a lower court's finding that reality television star Erika Girardi wasn't aware that her former husband and his firm might have misappropriated settlement funds owed to co-counsel, agreeing that the "undisputed facts" back the lower court's ruling.

  • January 28, 2025

    50 Cent Sued For Assault, Battery By LA Photographer

    A Los Angeles photographer is suing rapper and actor 50 Cent in Los Angeles Superior Court for assault, battery and intentional infliction of emotional distress, alleging that the door of an SUV carrying the "In Da Club" rapper was "forcefully opened" to intentionally strike him, leaving him with injuries.

  • January 28, 2025

    Norfolk Southern Cuts $22M Derailment Deal With Ohio Village

    Norfolk Southern Corp. has reached a $22 million settlement with East Palestine, Ohio, to resolve claims over the 2023 train derailment and chemical spill near the Ohio-Pennsylvania border, according to a joint statement published on the village's website Monday.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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