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Personal Injury & Medical Malpractice

  • January 17, 2019

    Royal Caribbean Death Suit Nixed After Plaintiff Rejects Deal

    A Florida federal judge’s warning to a woman that she may regret refusing a $500,000 settlement offer in her suit against Royal Caribbean over her teenage daughter's salmonella death proved prescient Wednesday when the suit was tossed.

  • January 17, 2019

    Construction Cos. Not Liable For Fatal Crash, NJ Court Says

    A New Jersey appeals court on Thursday said it would not revive a lawsuit seeking to hold a pair of construction-related firms liable for a fatal traffic collision, saying it is clear the companies should not face consequences for the actions of the driver.

  • January 17, 2019

    Liberty's Win In Crash Suit Was Legit, NJ Panel Says

    A New Jersey appeals court ruled Thursday that there is no reason to disturb a jury’s verdict that Liberty Insurance Corp. is not liable to a customer who claimed he had ongoing injuries from a crash with an underinsured motorist.

  • January 17, 2019

    Iberia Avoids Major Damages In Trial Over Turbulence Injury

    Iberia Airlines avoided having to pay substantial damages to a Florida woman injured when a May 2015 flight from Madrid to Milan experienced severe turbulence, after a federal jury in Miami found Wednesday that the Spanish airline bore minimal responsibility.

  • January 17, 2019

    Vegas Casinos Avoid Suit In Texas Over Gambler's Suicide

    The Fifth Circuit has upheld a ruling that Caesar's Palace, MGM Grand and other casinos can't be sued in Texas over the suicide of a high-stakes gambler, saying the casinos' alleged practice of sending jets to Texas to bring him to gamble in Las Vegas wasn't enough to give courts in the state authority to hear the case.

  • January 17, 2019

    NFL Wants Former Players' Revived Painkiller Suit Dismissed

    The NFL asked a California federal court to once again dismiss a proposed class action by former players alleging the league was negligent in providing them painkillers to get back in the game, saying the players didn't show that any NFL employees were involved in giving them the drugs.

  • January 17, 2019

    Clinic Has No Grounds For DQ In Surgery Suit, Patient Says

    A Canadian woman accusing a plastic surgery clinic of botching her breast surgery urged a Michigan federal court Wednesday to reject the clinic's bid to disqualify the judge after he conducted research and offered her guidance to avoid outright dismissal, arguing the action does not prove favoritism.

  • January 17, 2019

    Fiat Chrysler Gets Ironworker's Negligence Suit Trimmed

    Fiat Chrysler escaped most of the liability and negligence claims brought by an ironworker who sustained back injuries at one of its plants by tripping on a piece of plywood, when an Illinois federal judge tossed all but one of the negligence claims against the automaker Wednesday.

  • January 17, 2019

    Slippery Rock U. Must Face Ex-Student's Retaliation Suit

    Slippery Rock University can’t duck a former student’s lawsuit claiming she was improperly expelled from the physician’s assistant training program for questioning a patient’s treatment, after a Pennsylvania federal judge denied the school’s motion to dismiss Wednesday.

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Mo. Supreme Court OKs $29M Med Mal Award, Adds Interest

    The Missouri Supreme Court on Tuesday affirmed a jury's $28.9 million award in a suit accusing a hospital of failing to diagnose a woman's rare genetic disorder, which caused permanent brain damage and paralysis, and ruled that postjudgment interest was improperly denied by the trial judge.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    ER Doc Tells Texas Justices Retrial Order A 'Clear Abuse'

    An emergency room doctor urged the Texas Supreme Court on Tuesday to reverse a trial judge’s “clear abuse of discretion” in granting a new trial in a malpractice lawsuit after a jury had determined he was not at fault for a child needing to have a portion of her fallopian tube removed.

  • January 16, 2019

    Ex-NFL Player's Bid For Injury Benefits Denied By Fla. Judge

    Former NFL defensive lineman Darren Mickell’s yearslong suit against the league’s retirement plan hit a brick wall on Tuesday, after a Florida federal court denied his bid to overturn the plan’s decision that he didn’t qualify for certain disability benefits.

  • January 15, 2019

    Firm Tries 3rd Time To Toss Malpractice Arbitration Award

    A Texas law firm has asked the state's high court to undo lower court rulings that affirmed a nearly $460,000 arbitration award against it stemming from an ex-client's malpractice lawsuit, arguing the arbitrator's ruling goes against Texas law and must be reviewed.

  • January 15, 2019

    Aly Raisman's Nassar Suit Paused Pending USAG Ch. 11

    Olympic gold medal-winning gymnast Aly Raisman’s request to pause her suit over disgraced sports medicine doctor Larry Nassar’s sexual abuse was granted on Monday, after a California federal court agreed that a stay would help the parties assess the impact of the recent bankruptcy filing by USA Gymnastics, the sport's governing body.

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Hunton Andrews DQ Bid Under Fire In Crash Coverage Suit

    Ranger Construction Industries Inc. slammed Allied World National Assurance Co.'s bid to disqualify Hunton Andrews Kurth LLP for allegedly using inadvertently disclosed confidential documents in a pending case, saying Tuesday the insurer is trying to turn its own errors into a "reason to rob Ranger of its chosen counsel."

Expert Analysis

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • Preemption In Pharmaceutical Cases: 2018 In Review

    Connor Sheehan

    2018 marked another interesting year in the shifting landscape of pharmaceutical drug preemption, with important cases concerning newly acquired information, generic drugs, innovator liability, clear evidence, serious adverse events and marketing claims, says Connor G. Sheehan of Dunn Sheehan LLP.