Personal Injury & Medical Malpractice

  • July 02, 2024

    Ind. High Court Say Firefighter's Fall Suit Can Go Forward

    The Indiana Supreme Court on Tuesday gave the green light to a firefighter's injury suit over him falling through a gap in a wall while responding to a fire, saying the state's "First Responder Rule" doesn't preempt his claim because the alleged negligence that caused the fire is not the cause of his injury.

  • July 02, 2024

    Flint Needs State Help After Years Of Pipe Delays, Judge Says

    A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.

  • July 02, 2024

    Butterball Must Face NC Worker's Assault Suit In State Court

    The North Carolina Court of Appeals ruled Tuesday that a lawsuit accusing turkey processor Butterball of failing to stop a worker's assault can't be resolved administratively because the injuries didn't occur in the course of the employee's work.

  • July 02, 2024

    Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case

    The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.

  • July 02, 2024

    Supreme Court Won't Hear Ill. Gun Ban Dispute

    The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision upholding laws by the state of Illinois and a Chicago suburb banning the sale of assault weapons.

  • July 02, 2024

    Justices Order Post-Rahimi Review For Felon Gun Ban

    The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    Hunter Biden Says Fox News 'Humiliated' Him With Mock Trial

    Hunter Biden has accused Fox News of humiliating and harassing him with its fictional, six-part "mock trial" series, which he called a politically motivated attack that featured sexually explicit photos of him, according to a privacy and personal injury lawsuit filed Sunday in New York state court.

  • July 01, 2024

    Philly Developer's Co. Must Pay $68.5M Over Worker's Death

    The family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome has been awarded $68.5 million by a Philadelphia jury, sticking prominent city developer Ori Feibush's construction company with a hefty tab.

  • July 01, 2024

    Nev. Supreme Court Won't Give Gruden 2nd Try Against NFL

    The Nevada Supreme Court will not rehear a decision to send to arbitration former Las Vegas Raiders head coach Jon Gruden's defamation lawsuit against the NFL, a three-member court panel ruled Monday.

  • July 01, 2024

    Colo. Justices To Mull If Xcel Is Immune From Injury Suits

    Colorado's justices announced Monday that they will consider whether a state-approved utility tariff governing Xcel's relationship with its customers can immunize the company from lawsuits about powerline injuries, including those brought by noncustomers.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    July 4 Parade Shooting Survivors In Ill. Sue Smith & Wesson

    The families of victims of the 2022 July Fourth parade shooting in Highland Park, Illinois, are suing Smith & Wesson and firearm retailers in state court, alleging they deliberately marketed the M&P-15, an AR-15-style rifle, to appeal to people like the shooter.

  • July 01, 2024

    4th Circ. Hikes Damages In 'Unite The Right' Rally Suit

    The Fourth Circuit ruled Monday that Virginia's punitive damages cap must be applied on a per-plaintiff basis, reversing a federal district court ruling that had limited a nearly $24 million verdict against white supremacists accused of planning violence at the 2017 "Unite the Right" rally to a total of $350,000.

  • July 01, 2024

    Atty Not 'Annoying' Enough For Restraining Order

    A California appeals court affirmed Monday a finding that a personal injury attorney's aggressive behavior toward another attorney only rose to the level of "annoying" and thus didn't warrant a permanent restraining order, saying the behavior must rise to the level of "seriously annoying" to be considered harassment.

  • July 01, 2024

    NJ Judge Tosses J&J Unit's Libel Claim Over Talc Study

    A New Jersey federal judge has tossed a bankrupt Johnson & Johnson unit's libel suit over a scientific article linking talcum powder to mesothelioma, ruling the challenged statements in the article are scientific conclusions protected by the First Amendment.

  • July 01, 2024

    Top Personal Injury, Med Mal News: 2024 Midyear Report

    A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    GSK Wants Lab's Zantac Whistleblower Suit Moved To Florida

    GlaxoSmithKline wants a Connecticut laboratory's federal whistleblower lawsuit moved from Pennsylvania to Florida, where a West Palm Beach court has already overseen four years of a multidistrict litigation that GSK said was touched off by the same lab's claims that Zantac breaks down into a cancer-causing chemical.

  • July 01, 2024

    Fla. Court Releases 2006 Epstein Grand Jury Transcripts

    A Florida state court judge on Monday made public the 2006 grand jury transcripts of the Jeffrey Epstein sex abuse investigation after a newspaper persuaded him to reconsider releasing them in light of a new law signed by Gov. Ron DeSantis earlier this year.

  • July 01, 2024

    Feds Say Ex-Magellan Officer's Atty May Have Conflict

    A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.

  • July 01, 2024

    Conn. Lawmaker Says Cops Mishandled Her Sexual Assault

    A Connecticut state lawmaker took the city of Hartford to federal court, alleging that its Police Department "discounted" her reports of sexual assault and subsequent injuries, and "leaked biased and skewed information" to news outlets after a man attacked her outside a prayer event officers were patrolling.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?

    The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.

  • June 28, 2024

    CUNY Medical Prof Accused Of Fabricating NIH Grant Apps

    A medical professor at the City College of New York and paid adviser to Cassava Sciences has been indicted on allegations he falsified scientific data in grant applications submitted to the National Institutes of Health on behalf of himself and Cassava, prosecutors announced Friday.

Expert Analysis

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • Considering CGL Defense For Social Media Addiction Claims

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    A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Proactive Strategies Can Reduce Truck Cos.' Accident Liability

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    The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • AI In The Operating Room: Liability Issues For Device Makers

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    As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

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