Personal Injury & Medical Malpractice

  • April 15, 2024

    Conn. Attorney Says She'll End Defamation Lawsuit For $750K

    A Connecticut attorney who accused an acquaintance of commissioning and disseminating a background check that falsely called her a convicted drug dealer has told a Constitution State court that she would be willing to resolve her defamation claims if that acquaintance agrees to pay her $750,000.

  • April 15, 2024

    Bomb Dog Trainer Links Cancer To Job In Benefits Denial Suit

    A Massachusetts state police trooper says he was diagnosed with cancer after being exposed to hazardous materials while training an explosives-detection dog at Logan Airport, according to a suit seeking line of duty injury benefits.

  • April 12, 2024

    UMG Seeks Escape From Woman's Diddy Sex Assault Suit

    UMG Recordings Inc. urged a New York state judge on Thursday to dismiss it from a lawsuit accusing hip-hop mogul Sean "Diddy" Combs and R&B artist Aaron Hall of sexually assaulting a woman in 1990, saying the woman's claims are untimely and have nothing to do with the music company.

  • April 12, 2024

    Ill. Court Affirms $300K Revenge Porn Award

    A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois judge slapped him with, a state appeals court has ruled.

  • April 12, 2024

    NJ Court Revives Spinal Injury Suit After E-Filing Glitch

    A New Jersey appeals court on Friday reinstated a medical malpractice suit accusing a physician of causing a woman's severe spinal injuries, saying an unexplained glitch in the trial court's electronic filing system wrongly led to a dismissal of the suit.

  • April 12, 2024

    Crash Victim's Family Wins $38M Verdict Against Oncor

    A Texas jury has handed a $37.5 million verdict to the family of a man who died in a crash involving an Oncor driver, coming to its decision after reviewing evidence that showed the driver for the electric utility was distracted behind the wheel and never hit the brakes.

  • April 12, 2024

    Judge Rejects Tehum's $54M Bid To Resolve Injury Suits

    A Texas bankruptcy judge has rejected prison healthcare company Tehum Care Services Inc.'s $54 million settlement to resolve hundreds of personal injury suits while declining the claimant committee's request to dismiss the Chapter 11 case.

  • April 12, 2024

    Tyco Reaches $750M PFAS Deal In Foam Co. MDL

    Johnson Controls International PLC subsidiary Tyco Fire Products LP on Friday agreed to pay $750 million to settle public water systems' federal claims that some "forever chemicals" they detected in their supplies came from firefighting foam it made.

  • April 12, 2024

    Mich. Hospital Must Face MedMal Suit Against Contract Doc

    A hospital will have to face claims related to the alleged medical malpractice of its ICU director, a contractor, because the hospital did not make it clear to a patient who died that the doctor was not one of its employees, a Michigan appellate panel has said.

  • April 12, 2024

    Palestinian Groups Ask 10th Circ. To Affirm No US Jurisdiction

    The Palestinian Authority and the Palestine Liberation Organization have urged the Tenth Circuit to affirm a Colorado federal judge's ruling that he has no jurisdiction to consider a case by terrorism victims against the groups, arguing a 2019 federal law can't trump their due process rights.

  • April 12, 2024

    Live Nation Sued Over Shooting Deaths At Wash. Concert

    Live Nation is liable for the shooting deaths of two women at a Gorge Amphitheatre concert in Washington last summer, according to a complaint filed Thursday accusing the event promoter and security firms of allowing the shooting suspect to bring a handgun into the event campground.

  • April 12, 2024

    Abbott Labs Gets Price Claims Tossed In Baby Formula MDL

    An Illinois federal judge on Friday threw out a suit from parents alleging that Abbott Laboratories benefited from increased prices during a shortage of baby formula kicked off when one of its facilities was shut down, saying they haven't shown that the company's profits during that time were unjustly retained.

  • April 12, 2024

    Split Mich. Panel Restores Overdose Suit Against Pain Doctor

    Pandemic-prompted court orders that gave litigants in Michigan extra time to file lawsuits have continued to divide the state's appellate bench, as another three-judge panel couldn't agree Thursday on whether the orders gave a woman's estate extra time to sue her doctor.

  • April 12, 2024

    Mich. Panel Says Out-Of-State Car Accident Isn't Covered

    A Michigan resident is not entitled to insurance benefits for a car accident under the state's no-fault law, a state appeals court has ruled, reinstating its previous decision that claimants are not eligible for state-provided benefits for injuries arising from out-of-state accidents.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL

    In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.

  • April 12, 2024

    Zoll Says 'Cookie-Cutter' Hack Claims Don't Show Harm

    Zoll Medical Corp. is asking a Boston federal judge to toss a proposed class action brought by medical device customers whose personal information was released during a ransomware attack last year and an earlier data breach in 2019, arguing the consumers weren't actually injured.

  • April 12, 2024

    Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

    A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.

  • April 12, 2024

    'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit

    The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.

  • April 11, 2024

    Hospitals Responsible For Contract ER Docs, Justices Say

    Washington state's high court ruled on Thursday that hospitals may be held liable for alleged neglectfulness of contracted doctors working in their emergency rooms, reviving negligence claims against the medical center brought by the estate of a woman killed by a flesh-eating disease that ER caregivers allegedly failed to diagnose.

  • April 11, 2024

    Ernest Health Hit With Suit After Cybercriminal Data Breach

    A group of former Ernest Health Inc. patients has hit the Texas-based hospital system with a proposed class action after a notorious group of cybercriminals breached the company's systems, saying that the company should've done more to protect patient data in a Thursday complaint.

  • April 11, 2024

    Energy Co. Says Insurer Can't Execute $21M Death Settlement

    A Berkley unit should be barred from executing a $21 million policy-limit settlement demand in a wrongful death suit, an energy company facing a separate suit told a Texas federal court, saying it will be left without coverage for a competing settlement demand if the insurer exhausts its policy limits.

  • April 11, 2024

    Drake Released From Astroworld MDL Ahead Of 1st Trial

    The judge overseeing the multidistrict litigation created to handle claims stemming from the 2021 Astroworld music festival ruled Wednesday that rapper Drake could escape the sprawling lawsuits stemming from the crowd crush that killed 10 and left hundreds injured.

  • April 11, 2024

    Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses

    An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.

  • April 11, 2024

    Birth Control Injury Claims Barred From Conn., Court Told

    Connecticut state courts have no basis to exercise jurisdiction over three of the four companies targeted in product liability lawsuits brought by 103 women who claim their Filshie Clip birth control devices migrated within their bodies and caused injuries, counsel for the defendants told a Waterbury judge Thursday.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • SC Ruling Reinforces All Sums Coverage Trend

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    A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Opinion

    5th Circ. NFL Disability Ruling Turns ERISA On Its Head

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    The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.

  • Opinion

    Litigation Funding Needs Regulating To Meet Ethics Standards

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    Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs

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    The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.

  • Rebuttal

    High Court Should Maintain Insurer Neutrality In Bankruptcy

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    While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

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