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Personal Injury & Medical Malpractice

  • November 9, 2018

    8th Circ. Says Gov't Exempt From Army Priest Sex Abuse Suit

    The dismissal of a sexual abuse lawsuit against a U.S. Army hospital was upheld by the Eighth Circuit on Friday after it determined that the federal government is immune to claims that the hospital should have known of a priest’s history of sexual abuse allegations.

  • November 9, 2018

    Fla. Court Says Doctor Must Face Patient Privacy Suit

    A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.

  • November 9, 2018

    Insurer Must Defend Shooter's Estate, Pa. Justices Told

    A man who was injured in a scuffle as he walked in on a murder-suicide is urging Pennsylvania's highest court to uphold a decision finding that Erie Insurance Exchange was responsible for the cost of defending the gunman's estate in a lawsuit over the incident.

  • November 9, 2018

    Drone Crash Injury At Wedding Not Covered, Insurer Says

    An insurance company has asked a California federal court to grant a quick win in its suit against a policy-holding photography company because exclusions in the coverage mean it doesn't have to pay for a drone incident at a wedding shoot during which a guest lost an eye.

  • November 9, 2018

    Atlanta Transit Rider Awarded $18.8M For Brain-Damaging Fall

    A Georgia jury on Thursday found that Atlanta's transit system's negligence was responsible for a fall by a disabled passenger who was getting off a bus that left her in a permanent vegetative state, and awarded the rider $18.75 million.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    As Pirates Settle, Net Installer Last Defendant In Foul-Ball Suit

    The Pittsburgh Pirates reached a settlement with a woman injured by a foul ball at PNC Park in 2015, attorneys said Friday, but a jury trial under a new judge in state court scheduled to get underway Wednesday will determine the liability of the company that installed the allegedly defective safety netting behind home plate.

  • November 8, 2018

    4th Circ. Urged To Nix $7.1M Award Over Baby's Brain Injury

    The federal government asked the Fourth Circuit on Thursday to toss a West Virginia federal judge's $7.1 million award in a suit accusing a federally employed doctor of botching a newborn’s treatment that caused brain damage, saying the award should have been reduced because of a previous settlement.

  • November 8, 2018

    Mo. Duck Boat Captain Indicted After Sinking Killed 17

    The captain of an amphibious “duck boat” that sank in a Missouri lake in July, killing 17 people, was charged in federal court on Thursday after prosecutors said he failed to take necessary safety precautions or warn the passengers to put on their life jackets.

  • November 8, 2018

    Hospital Not Liable For Nonemployee Doc's Kidney Surgery

    An Illinois appeals court on Wednesday tossed claims filed against a hospital in a suit accusing a doctor of failing to timely remove a woman’s kidney stone that caused serious injuries, saying because the doctor is an independent contractor the hospital can’t be held liable.

  • November 8, 2018

    Net Installer Wants Judge Off Pa. Foul Ball Injury Suit

    The company that installed safety netting at the Pittsburgh Pirates’ PNC Park wants a new state court judge for the upcoming case of a woman injured by a foul ball behind home plate, alleging improper communication between the current judge and one of the woman’s attorneys.

  • November 8, 2018

    Insurer Says County, Racetrack Not Covered In Crash Suit

    Evanston Insurance Co. on Wednesday asked a California federal court to rule that it has no further obligation to defend or indemnify Monterey County or the operator of a Salinas-based racetrack in a lawsuit over a motorcycle accident at the track, saying the claims are outside the scope of its policy.

  • November 8, 2018

    Former Dolphins Doctor Cleared In Ex-Player's Med Mal Trial

    A Florida jury has cleared a former Miami Dolphins team doctor in a suit brought by ex-player Otis “O.J.” McDuffie accusing him of negligence in failing to properly treat a toe injury that McDuffie says derailed his career.

  • November 7, 2018

    Fla. High Court Doubts Public Hospital's Right To Lien Powers

    One of Florida's largest public health systems urged the state's highest court Wednesday to reverse two lower courts' rulings striking down a law authorizing it to establish liens to recover medical services costs, but the court appeared skeptical of the hospital's argument that its patient contracts are public contracts, making the liens legal.

  • November 7, 2018

    Texas Court Mostly Affirms $4M Award After Med Mal Trial

    A reduced $4 million award in a medical malpractice suit was largely upheld after a Texas appeals court ruled Wednesday that a prior settlement offsets the award before the state’s cap on pain and suffering damages is applied.

  • November 7, 2018

    Tenn. Jury Finds For Workers In Coal Ash Exposure Trial

    A Tennessee federal jury on Wednesday sided with a group of workers and their families that alleged Jacobs Engineering Group Inc.'s work cleaning up a 2008 fly ash spill didn't adhere to health requirements, potentially causing a range of injuries including lung cancer.

  • November 7, 2018

    Ex-Steward Can't Toss Arbitration Award From Cruise Line

    A Florida federal magistrate judge Tuesday recommended confirmation of an arbitration award in a case by a former Norwegian Cruise Lines steward who said the company refused to pay for spinal surgery allegedly related to an incident aboard ship, saying the court must give considerable leeway to the arbitrator.

  • November 7, 2018

    Ex-BNSF Conductor Wins $2M In Injury Retaliation Trial

    A Montana federal jury has found that BNSF Railway Co. violated a federal railway safety law and fired a conductor for reporting an on-the-job injury, awarding the man more than $2 million in compensatory and punitive damages.

  • November 7, 2018

    La. Court Revives Suit Over Attys’ Courthouse Altercation

    A Louisiana appellate court Wednesday revived a suit by a lawyer convicted of assaulting a district attorney, which alleges that the convicted attorney was not the one who started the altercation and was in fact the person who was injured. 

  • November 7, 2018

    Ohio Ruling May Open Floodgates For Decades-Old CTE Suits

    Former football players suffering from long-term brain injuries discovered years after their playing days cleared a major hurdle to pursuing claims against professional leagues and universities last week when the Ohio Supreme Court allowed a CTE lawsuit from a deceased Notre Dame student to move forward.

Expert Analysis

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • The Uncertain Future Of Summary Judgment In California

    Scott Dixler

    While the California Supreme Court has held that summary judgment is no longer a disfavored remedy, two recent California Court of Appeal decisions demonstrate a continuing ambivalence concerning a trial court’s discretion to grant summary judgment, say attorneys with Horvitz & Levy LLP.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.