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Personal Injury & Medical Malpractice

  • October 14, 2025

    Self-Defense May Excuse Unintended Death, Mass. Court Says

    A defendant charged in a homicide can ask jurors to consider self-defense to excuse or at least mitigate charges in the killing of an innocent bystander, Massachusetts' highest court concluded on Tuesday.

  • October 14, 2025

    High Court Won't Hear FDA Stem Cell Regulation Fight

    The U.S. Supreme Court on Tuesday declined聽to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.

  • October 14, 2025

    High Court Won't Hear Alex Jones' $1.4B Sandy Hook Appeal

    The U.S. Supreme Court on Tuesday declined to hear the appeal of right wing conspiracy theorist Alex Jones in connection with a $1.4 billion defamation judgment granted by a Connecticut state court in favor of family members of Sandy Hook school shooting victims.

  • October 10, 2025

    Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told

    Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.

  • October 10, 2025

    Law Firm Seeks To Uphold $6.6M Arbitral Award In Fee Dispute

    A personal injury law firm embroiled in a long-running dispute over fees owed in litigation over a 1983 terrorist bombing in Lebanon urged a New York federal court to preserve a $6.59 million arbitral award it had secured for its work, arguing that tossing the arbitrator's "carefully balanced" decision would wrongly send the parties back to square one.

  • October 10, 2025

    Northwestern Urges Final Toss Of Ex-Coach's Defamation Suit

    Northwestern University urged an Illinois state court to permanently toss a former assistant football coach's defamation lawsuit, arguing that the amended complaint, "like the original," is based on "statements that were not about him, were not false, and caused him no harm."

  • October 10, 2025

    More Gun Rights Groups Take Aim At National Firearms Act

    Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.

  • October 10, 2025

    Delta Beats Passenger Death Suit Over Jetway Wheelchair Fall

    A Georgia federal judge Friday threw out a lawsuit filed against Delta Air Lines Inc. that traced a woman's death to her fall from a wheelchair while being escorted across a jetway, ruling that the suit was preempted by a 1990s-era treaty governing airline liability during international travel.

  • October 10, 2025

    Medical Supply Co. Drops UnitedHealth Coverage Suit

    A medical supply company has agreed to drop its lawsuit alleging UnitedHealthcare entities issued a blanket block on the company's claims without notice, according to a stipulated order filed Friday in Michigan federal court.

  • October 10, 2025

    MSC Cruises Says Ex-Worker Must Arbitrate Injury Claim

    MSC Cruises is urging a Florida federal court to dismiss a Nicaraguan former crewmember's claims for medical care for a hernia he suffered while working on a ship and force him to arbitrate his case in London.

  • October 10, 2025

    Geico Failed To Arbitrate Auto Accident Claim, Suit Says

    A North Carolina resident accused Geico of failing to arbitrate her injury claim stemming from an auto accident,聽telling a federal court聽that following two years of document production, the insurer only denied coverage after she said she rejected a "lowball" settlement offer.

  • October 10, 2025

    Ohio Panel Says Ford Asbestos Suit Didn't Belong In Court

    An Ohio appeals panel won't revive an asbestos death suit from the estate of a former Ford Motor Co. worker, saying the trial court was wrong to dismiss it for lack of an expert report because it should not have exercised jurisdiction over the suit in the first place.

  • October 10, 2025

    Therapist Backs Out Of Plea In Patient Fund Fraud Case

    A Massachusetts psychotherapist is seeking to back out of a plea deal in a case alleging he sent聽nearly $1 million of other people's money, more than half of it belonging to a patient, to cryptocurrency scammers.

  • October 09, 2025

    Alex Jones Wants Justices To Pause $1.4B Sandy Hook Award

    Infowars host Alex Jones has asked the U.S. Supreme Court to stay enforcement of a Connecticut court judgment awarding more than $1 billion to the families of Sandy Hook Elementary School shooting victims, arguing that he has faith in the high court overturning the judgment against him.

  • October 09, 2025

    9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials

    The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."

  • October 09, 2025

    UMG Beats Drake's 'Not Like Us' Diss Track Defamation Suit

    A New York federal judge Thursday tossed Drake's defamation suit against Universal Music Group over the hip-hop artist's rival Kendrick Lamar's "Not Like Us," saying the diss track's lyrics accusing Drake of being a "certified pedophile" are opinion and trash talk, not factual statements that are actionable.

  • October 09, 2025

    Ga. Panel Considers Reviving Suit Over Fatal Work Fall

    The family of a man who fell to his death at SK Battery America Inc.'s lithium-ion battery production plant in Commerce, Georgia, on Thursday urged the state's intermediate appellate court to revive the case, arguing a trial court wrongly granted summary judgment to SK and its contractors.

  • October 09, 2025

    Weinstein Says Jurors Traded Threats, Tainting Verdict

    Harvey Weinstein's legal team said his June sexual assault convictions were tainted by juror misconduct, including physical threats and an unfounded bribery claim, arguing in a motion for a new trial that a judge refused to properly investigate.

  • October 09, 2025

    McKesson Aims To Escape Dealer Claims In Overdose Death

    Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.

  • October 09, 2025

    BNSF Must Face Trial Over Mont. Woman's Death On Tracks

    A Montana federal judge on Thursday refused to toss a suit accusing BNSF of causing the death of a woman hit by a train while walking her dog, saying it should be up to a jury to decide if the railroad failed to provide adequate signage in the area.

  • October 09, 2025

    Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit

    An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.

  • October 09, 2025

    Feds Probe Tesla's 'Full Self-Driving' Over Traffic Violations

    The U.S. auto safety regulator is investigating Tesla's advanced driver-assistance system known as Full Self-Driving after reports of accidents involving vehicles operating with FSD that have run red lights or crossed into opposing lanes of traffic.

  • October 09, 2025

    San Antonio Abandons Out-Of-State Abortion Travel Appeal

    The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.

  • October 09, 2025

    Mich. Justices Mull Tort Damages Bar For Nonresident Drivers

    Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.

  • October 09, 2025

    Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say

    The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Expert Analysis

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Combs Case Reveals Key Pretrial Scheduling Strategies

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    The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean 鈥淒iddy鈥 Combs show how disclosure timing can substantially affect defendants鈥 ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Rebuttal

    Mass Arbitration Reform Must Focus On Justice

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    A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies鈥 financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it鈥檚 more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'

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    A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know 鈥 principles that have helped to improve my practice of law, says Sheria Clarke聽at聽Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice 鈥 as when I departed the U.S. Department of Justice鈥檚 environmental enforcement division 鈥 should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors鈥 decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

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