Personal Injury & Medical Malpractice

  • February 21, 2024

    Aerosmith's Steven Tyler Beats NY Sex Assault Suit, For Now

    A New York federal judge tossed a former teen model's sexual assault lawsuit accusing Aerosmith front man Steven Tyler of groping and kissing her in public without her consent, finding Wednesday that the lawsuit is untimely and doesn't allege a "serious risk of physical injury" to state a claim.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Nurses Ignored Surgery Patient's Fatal Sepsis, Fla. Jury Hears

    Nurses at Florida's Bayport Medical Center neglected a post-op patient as she developed sepsis and eventually died in the ICU, and one nurse revised notes to conceal the negligence, jurors heard in opening arguments Wednesday.

  • February 21, 2024

    Texas Panel Unsure Hospital Should Escape $6M MedMal Suit

    A Texas state appellate panel on Wednesday wondered why Harris Hospital should duck liability for a contractor's critical error that left a woman with severe brain damage, with one justice saying the rules that govern Medicaid are "good enough for Texas."

  • February 21, 2024

    Ill. Court Vacates R. Kelly Victim's $4M Default Judgment

    An Illinois appellate court has thrown out a $4 million default judgment won by a woman who claimed jailed former R&B star R. Kelly physically and sexually abused her, saying certain procedural rules were not appropriately followed. 

  • February 21, 2024

    Gov't Says Camp Lejeune Litigants Must Show Specific Cause

    The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.

  • February 21, 2024

    Justices Told NRA Speech Claim Would Thwart Regulation

    The ex-head of New York's financial regulator has told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."

  • February 21, 2024

    Doc Keeps Trial Win In Suit Over Patient's Medication List

    A New York state appeals panel on Wednesday declined to grant a new trial to a widow who alleged her husband's doctor failed to tell his surgeon about his essential medications, saying the trial court did not allow the doctor to impermissibly pass the blame to defendants who'd already been dismissed from the case.

  • February 21, 2024

    Juror Misconduct Warrants New Trial In Birth Injury Suit

    A Tennessee appeals panel has revived a woman's claims that her obstetrician caused birth injuries to her newborn by failing to administer an EpiPen when she had an allergic reaction to a medication, saying a juror likely polluted the verdict by bringing in outside information to deliberations.

  • February 21, 2024

    Miami Heat Player Sued After Man's Leg Amputated In Crash

    A Florida man has brought a state court lawsuit alleging negligence against Miami Heat forward Haywood Highsmith Jr., saying his leg was partially amputated as a result of a vehicle crash caused by the professional basketball player earlier this month.

  • February 21, 2024

    Police Immunity Hinges On Whether Silent Siren Led To Injury

    The Colorado Supreme Court has ruled that a police officer can be held liable if failure to use sirens or emergency lights while pursuing a suspect may have contributed to a person's injuries.

  • February 21, 2024

    Boeing Ousts Head Of Embattled 737 Max Program

    Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.

  • February 21, 2024

    Cochran Firm Rachets Up Fee Fight With Ex-Associate

    The Cochran Firm California is escalating its ongoing dispute over attorney fees with a former associate, alleging in a new lawsuit that the now-departed lawyer lied to a managing partner about her relationship with a client with a lucrative claim.

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    Giuliani Seeks New Trial, Will Appeal $148M Defamation Award

    Rudy Giuliani is urging a Washington, D.C., federal judge to rethink a jury verdict directing him to pay $148 million to two Georgia election workers he was found liable for defaming as he tees up an appeal of the jury award to the D.C. Circuit.

  • February 21, 2024

    Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks

    A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.

  • February 20, 2024

    Giuliani Can Contest $148M Fine But Not With His Own Money

    A New York bankruptcy judge on Tuesday allowed Rudy Giuliani to seek a new trial for $148 million in damages he was ordered to pay for defaming two Georgia poll workers, but said the former mayor can't use money from his bankruptcy estate to pay his legal bills.

  • February 20, 2024

    Ill. Public Defender Sues Over Display Of Israeli Army Photo

    An Illinois public defender filed a First Amendment lawsuit against her county employer after she was reprimanded for a photograph of her holding a gun in front of an Israeli flag that she displayed in an office area in response to the Oct. 7 Hamas terrorist attack in Israel.

  • February 20, 2024

    Epstein's Attorney, Accountant Accused Of Aiding Trafficking

    Two survivors of sexual predator Jeffrey Epstein claim his longtime lawyer and accountant played essential parts in the disgraced financier's sex trafficking enterprise by creating a complex financial infrastructure to keep the money flowing, according to a proposed class action filed in New York federal court.

  • February 20, 2024

    Chicago Sues Oil Giants, Alleging Climate Change Deception

    The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.

  • February 20, 2024

    Google Co-Founder Sergey Brin Sued Over Fatal Plane Crash

    The widow of a pilot has accused Google's co-founder Sergey Brin of delaying efforts to recover her husband's body after he crashed into the Pacific Ocean while ferrying Brin's private aircraft, saying Brin tried to cover up illegal alterations made to the plane, according to the suit filed in California state court.

  • February 20, 2024

    NM Fire Victims Sue FEMA Over Compensation Delays

    Ten New Mexico residents with property damaged by the Hermit's Peak/Calf Canyon Fire sued the Federal Emergency Management Agency in federal court Friday, saying FEMA is not processing their claims in a timely manner, in violation of an assistance measure Congress passed for victims of the wildfire.

  • February 20, 2024

    Conn. Judge Reluctantly Frees Snap From Sex Assault Suit

    A Connecticut state judge on Friday reluctantly ended a suit alleging Snap Inc. linked an underage girl to registered sex offenders who raped and assaulted her, quoting a First Circuit opinion that held such cases are difficult since Section 230 requires courts to deny relief "to plaintiffs whose circumstances evoke outrage."

  • February 20, 2024

    Colo. Justices Ban Disbarred Atty From Filing Pro Se Actions

    The Colorado Supreme Court on Tuesday banned a disbarred attorney from filing pro se actions in the state, with the justices finding the former lawyer has continued her "vexatious" abuse of state courts despite sanctions and fee awards from multiple trial courts.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Opinion

    Food Safety Bill Needed To Protect Kids From Heavy Metals

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    The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.

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