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Personal Injury & Medical Malpractice

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    Novo Nordisk Wants Hospital Sanctioned For Insulin Pen Suit

    Novo Nordisk Inc. has asked a Connecticut federal judge to sanction Griffin Health Services Corp. for suing the pharmaceutical company after settling a separate insulin pen contamination lawsuit, saying the hospital's complaint left out five important facts that could point blame back toward its own staff.

  • June 04, 2025

    Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit

    Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.

  • June 04, 2025

    Damages Retrial Ordered In NC Massage Envy Sex Assault Suit

    A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.

  • June 04, 2025

    Public Remarks Limited In Megan Thee Stallion's Trial Lies Suit

    A Texas social media personality defending herself against Megan Thee Stallion's cyberstalking lawsuit agreed to stop posting about the case after the rapper told a Florida federal judge on Wednesday that public statements could incite violence, weeks after fellow recording artist Tory Lanez was stabbed in a California prison.

  • June 04, 2025

    Apple Can Shield Info In NJ TikTok Addiction Suit

    A New Jersey state court will allow Apple Inc. to inject itself into the state attorney general's high-profile lawsuit accusing TikTok of designing features that harm and cause addiction in children, allowing the manufacturer of the iPhone to argue, away from public view, that certain content in the lawsuit should be redacted.

  • June 04, 2025

    NJ Mayor Expands False Arrest Suit Against US Atty

    Mayor Ras Baraka of Newark, New Jersey, on Wednesday added a false light count to his defamation and malicious prosecution complaint against interim U.S. Attorney Alina Habba over his May 9 arrest outside an immigration detention center.

  • June 04, 2025

    Conn. Attorney Failed To Split $165K Fee, Watchdog Says

    Connecticut attorney J. Xavier Pryor breached four rules of professional conduct when he failed to split a $165,000 fee from a personal injury settlement with the lawyer who referred the case to him, the state's attorney ethics watchdog said in a disciplinary complaint.

  • June 04, 2025

    Assault Survivor Sues MSU Over Identity Leak, Career Harm

    A sexual assault survivor and activist has sued Michigan State University's Board of Trustees, alleging in a new complaint that the university mishandled her sexual harassment report against former football coach Mel Tucker and saying trustees publicly disclosed her identity against university policy.  

  • June 03, 2025

    Egg Producer Beats Suit Over Salmonella Contamination

    Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.

  • June 03, 2025

    6th Circ. Backs OSU In Diver's Sexual Abuse Claims

    A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.

  • June 03, 2025

    Adjustment Of Claims Ordered After $66M Boat Death Suit

    A North Carolina federal judge granted a preliminary injunction ordering an adjuster to proceed with adjusting claims for insurers, including one related to a 2021 fatal Florida boat accident that resulted in a $66 million consent judgment against a policyholder.

  • June 03, 2025

    PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.

  • June 03, 2025

    Allstate Urges Ga. Panel To Undo Dismissal Sanction

    Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.

  • June 03, 2025

    Weinstein Atty Casts Accusers As Abusers In Retrial Closing

    A Manhattan jury on Tuesday heard closing arguments in Harvey Weinstein's retrial on sexual assault charges in New York state court, as his attorney said he was "abused" by "mad," "scorned" ex-lovers who didn't have the talent to make it in show business.

  • June 03, 2025

    6th Circ. Denies PBMs' Privilege Claim In Opioid MDL

    A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.

  • June 03, 2025

    Seaplane Co. Spars With Manufacturer On Fatal Crash Cause

    A Washington state charter flight company is seeking vindication in a state court lawsuit over a 2022 seaplane crash in the Seattle area that killed 10 people, contending that the plane's Canadian manufacturer is ultimately to blame because it lied to regulators about the model's airworthiness to get approval in the 1950s.  

  • June 03, 2025

    Canada Customers Agree To Halt 23andMe Data Breach Suits

    23andMe and Canadian customers suing over a data breach agreed on Tuesday to pause lawsuits against non-bankrupt third parties for up to six months amid the DNA testing company's Chapter 11 proceedings in Missouri.

  • June 03, 2025

    Fla. Judge Trims Suit Over Cruise Passenger's Drowning

    A Florida federal judge Tuesday declined to toss a lawsuit accusing Norwegian Cruise Lines of negligence in the death of a Pennsylvania man who drowned while on a shore excursion in Bermuda, but said the complaint must be refiled after ruling some counts weren't sufficiently alleged.

  • June 03, 2025

    License Lapse Gets Atty Suing NFL's Cardinals Suspended

    The attorney representing former Arizona Cardinals Vice President Terry McDonough in his defamation suit against the NFL team and its owner has been suspended for one year from practicing in Arizona for continuing to represent McDonough while his state bar dues remained unpaid.

  • June 03, 2025

    Buyer Says Roofing Co. Hid Sex Harassment, Other Liabilities

    A Colorado-headquartered roofing and exterior services company has sued an acquired business, D.K. Haney Inc., following a discovery that the $11.9 million deal overstated Haney's value by 77% due to a failure to reveal liabilities including sexual harassment by senior officers.

  • June 03, 2025

    Air Force Major, Wife Drop Negligence Suit Against Marriott

    A Marriott hotel operator in North Carolina accused of failing to prevent the robbery and sexual assault of an Air Force major in a Charlotte hotel has secured a voluntary dismissal from the major's negligence federal lawsuit, while other Marriott entities, the property owner and a parking management company remain as defendants, the parties said Tuesday.

  • June 03, 2025

    2nd Circ. Says Social Worker Can't Challenge NY Abortion Law

    The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.

  • June 03, 2025

    Safari Co. Can't Arbitrate Fatal Hippo Attack Suit, Court Told

    A Connecticut-based tour operator cannot force into arbitration a lawsuit over a hippopotamus attack that led to a New Jersey woman's death during a safari in Zambia, her husband and estate have said, claiming they didn't sign a "murky" private dispute clause attached to a ticket sale.

  • June 03, 2025

    Norton Rose Adds K&L Gates Product Liability Litigator In LA

    Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.

Expert Analysis

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • Opinion

    Weight Drug Suits Highlight Need For Legal Work On Safety

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    The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Aviation Watch: Litigation Liabilities After DC Air Tragedy

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    While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

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