ABA Journal

Injury & Accident Law

1316 ABA Journal Injury & Accident Law articles.

Federal appeals court tosses injured lawyer’s Fourth Amendment claim against ICE agent

An agent with U.S. Immigration and Customs Enforcement has qualified immunity from a Fourth Amendment claim in a lawsuit filed by an injured lawyer, a federal appeals court has ruled.

Woman who jumped into canal to save dog can’t sue under rescue doctrine, top state court rules

A woman who suffered neurological and cognitive injuries after jumping into a canal to save a dog can’t recover damages from its owners under the rescue doctrine, the New Jersey Supreme Court has ruled in a unanimous decision.

Kagan joins majority as Supreme Court allows state to recoup Medicaid costs from injury settlement

The U.S. Supreme Court ruled Monday that a state’s Medicaid program can seek reimbursement from lawsuit settlement payments allocated for the future care of accident victims.

4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

Judge won’t toss $13B suit against Baker Donelson and insurer for alleged spying on litigant

A state court judge in Georgia has refused to toss a $13 billion lawsuit alleging that Baker Donelsen and American Family Insurance conspired to spy on a litigant with illegally placed electronic devices.

Snapchat may be liable for speed filter used by teen before crash, Georgia Supreme Court says

Snapchat may be liable for negligently designing a speed filter used by a teenage driver who recorded speeds of more than 100 miles per hour before she crashed her Mercedes-Benz and severely injured another driver, the Georgia Supreme Court ruled Tuesday.

Weekly Briefs: ABA will ‘work expeditiously’ to rate SCOTUS nominee; parents of accused school shooter will stand trial

ABA president vows expeditious but through evaluation of SCOTUS nominee

The ABA Standing Committee on the Federal Judiciary will “work expeditiously” to evaluate U.S. Supreme Court nominee Judge Ketanji…

Relax with our favorite long reads of 2021

Feel like curling up next to the fireplace with a good read? Kevin Davis, the ABA Journal's managing editor, has curated a selection of our favorite feature stories that ran in the magazine and online in 2021.

Why this personal injury firm set up shop in the metaverse

Dating back to his time watching The Jetsons as a child, New Jersey lawyer Richard Grungo Jr. has been fascinated by depictions of the role that new technologies may play in the way that we live our future lives. In more recent years, his imagination has been captured by the possibilities offered by virtual reality.

Driver injured in collision with fortified mailbox can’t sue owners, top Ohio court says

Adjacent landowners owe no duty of care to a driver whose pickup truck hit a patch of black ice, veered off the road and hit their fortified mailbox in the right of way, the Ohio Supreme Court has ruled in a 5-2 decision.

Litigation funder is charged in staged accident plot; high interest rates left little cash for phony plaintiffs

Federal prosecutors have accused a Manhattan litigation financier of participating in a staged $31 million slip-and-fall scheme that recruited drug addicts and homeless people to serve as plaintiffs willing to undergo unnecessary surgeries.

Litigants claiming GEICO auto policy covers STD from car sex can’t proceed anonymously, judge rules

A car owner and his sexual partner can’t keep their names secret in litigation over their claim that GEICO’s auto and umbrella policies cover damages for a sexually transmitted disease contracted during sex in the insured car.

Infowars host who called Sandy Hook shooting a ‘giant hoax’ loses suits because of discovery abuse

Infowars host and conspiracy theorist Alex Jones is liable by default in three defamation lawsuits filed over his claims that the December 2012 mass shooting at the Sandy Hook Elementary School in Newtown, Connecticut, was a “giant hoax.”

Costly Collisions: A small-town personal injury case sends a powerful message to the trucking industry

The number of crashes involving large trucks has been rising during the past decade. And as the number of crashes has increased, so has the size of jury awards and settlements, often resulting in what some lawyers call “nuclear verdicts”—multimillion-dollar damages verdicts significantly higher than expected given the injuries in the case, generally in excess of $10 million.

Agreement giving lawyers ‘sole discretion’ to settle client’s case violates ethics rules, appeals court says

A California appeals court has voided a provision in a contingent-fee agreement that gave personal injury lawyers the “sole discretion” to settle a client’s case.

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