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Personal Injury & Medical Malpractice

  • September 21, 2018

    Conn. Justices Revive Cancer Patient Death Suit

    The Connecticut Supreme Court has ordered a lower court to move forward with a wrongful death case centering on the failure of medical staff to report a lump visible on a scan, saying facts have yet to be addressed to determine whether a statute of repose applies.

  • September 21, 2018

    Jury Awards $9.1M In Cyclist's Crash Suit Against LA, Caltrans

    A California jury on Thursday awarded $9.1 million in a suit accusing the city of Los Angeles and Caltrans of failing to properly maintain a section of a Southern California coastline highway, causing a cyclist’s crash that resulted in significant brain damage.

  • September 21, 2018

    Calif. Gov. Signs Wildfire Bills, Limiting PG&E Liability

    California Gov. Jerry Brown signed a package of bills Friday that aim to help the state prevent and recover from catastrophic wildfires, including a controversial bill that critics call a bailout for Pacific Gas and Electric Co. but that its author says is needed to save the liability-burdened utility from bankruptcy.

  • September 21, 2018

    Patient Drops Blood-Clot Suit Against Gov't, Army Hospital

    A New Mexico federal judge on Friday dismissed a U.S. Army hospital patient's suit against the federal government over allegedly negligent treatment of a blood clot after the parties voluntarily agreed to drop the claims. 

  • September 21, 2018

    Texas Court Affirms Defense Verdict In Botched Surgery Suit

    A Texas appellate panel on Thursday affirmed a jury’s decision to clear a doctor in a suit accusing him of botching a woman’s hysterectomy and causing serious injuries, rejecting the woman’s argument that the trial judge erred by refusing to strike two potential jurors.

  • September 20, 2018

    Blink-182 Drummer Sues Over Crash, Injury That Halted Gigs

    Blink-182 drummer Travis Barker filed a lawsuit Tuesday over two incidents this summer — a medical procedure and a car crash — that he says forced the band to cancel two reunion projects, a Las Vegas residency and an upcoming tour.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    11th Circ. Asked To Reconsider 'Poop Cruise' Suit Dismissal

    Carnival passengers who were stranded at sea in a 2013 incident known as the “Poop Cruise” asked the Eleventh Circuit on Thursday to reconsider an August decision to toss their suit, saying the ruling runs counter to U.S. Supreme Court precedent.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    Reality Show HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of an ABC documentary series, federal regulators announced Thursday.

  • September 20, 2018

    Houston Pill Mill Doc, Clinic Chief Each Get 35 Years In Prison

    A Houston doctor and the owner of the pain management clinic where she worked were each sentenced to 35 years in prison by a federal judge in Texas on Thursday for their roles in running what prosecutors called the “most prolific hydrocodone pill mill in Houston.”

  • September 20, 2018

    6th Circ. Says Contractor Must Face Nursing Home Death Suit

    The Sixth Circuit on Thursday partially revived a suit brought by a nursing home claiming a contractor should be on the hook for a $3.65 million settlement the home paid to the family of a patient who died, saying the deal precludes only one of two claims.

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    NY Court Tosses Gas Blast Suit Against National Grid Unit

    A New York appeals court on Wednesday dismissed a suit accusing a National Grid PLC subsidiary of being responsible for a gas explosion during Superstorm Sandy, saying the company established that it wasn't negligent in the installation or maintenance of the disturbed gas service line.

  • September 20, 2018

    Nursing Home Takes Death Suit To Texas Justices

    A Texas nursing home is taking its fight over a man’s death to the state Supreme Court, saying Thursday that the suit has moved forward only because an appeals court allowed the late patient’s daughter to use an impermissibly flawed expert report.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

  • September 19, 2018

    Mass. Doc Dodges Prison After Giving Patient Info To Drug Co.

    A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.

  • September 19, 2018

    La. Panel Revives Suit Over LSU Med School Prof'’s Firing

    A Louisiana appeals court on Wednesday revived a suit accusing Louisiana State University Medical Center of wrongfully terminating a tenured medical school professor, saying a dispute exists over whether the professor’s threat to resign can be considered a verbal resignation.

  • September 19, 2018

    Texas Employer Beats Suit From Worker Who Suffered Stroke

    A Texas appeals court on Wednesday tossed a suit accusing a company of failing to provide an employee with medical care after he exhibited stroke symptoms at work, saying the employee did not present evidence that the company owed a legal duty to provide him medical care.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Telemedicine — The Next Frontier For DOJ Scrutiny?

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    CVS is the first major drugstore company to offer customers the option to use their smartphone to “see” a doctor. With the U.S. Department of Justice affording more resources to health care fraud prosecutions, telemedicine services are certain to attract the scrutiny of investigators, say Lionel André and Michelle Bradford of Murphy & McGonigle PC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Opinion

    Protecting Florida Medical Plaintiffs’ Access To Courts

    Joe Taraska

    The Florida Supreme Court's recent decision in Morris v. Muniz is intended to help protect the right of victims of medical malpractice to pursue justice. The decision will help to bring the pre-suit investigatory process back to its statutory intent — to weed out frivolous cases, without denying access to the courts for well-founded ones, says Joe Taraska of Morgan & Morgan.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.