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Personal Injury & Medical Malpractice

  • October 18, 2018

    Ark. Supreme Court Scraps Tort Reform Ballot Measure

    An Arkansas ballot issue aiming to institute sweeping tort reforms in personal injury lawsuits, including caps on certain damages and attorneys’ fees, will not be presented to voters next month after the Arkansas Supreme Court ruled Thursday that the measure was unconstitutional.

  • October 18, 2018

    Pa. Justices Ease Burden For Firefighter Cancer Claims

    The Pennsylvania Supreme Court has eased the burden on firefighters to move forward with workers’ compensation claims for cancer diagnoses they believe could be connected to their exposure to soot and other carcinogens.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Insurer Not Off Hook For $8.7M Car Crash Injury Award

    A Michigan federal judge has denied Wausau Underwriters Insurance Co.'s bid to avoid paying an $8.7 million damage award against one of its policyholders, ruling there are issues of fact about whether the insurer acted in bad faith when the insured was sued over a car crash.

  • October 18, 2018

    Cleaning Co. Not Liable For Fall In NJ Airport, Court Says

    A New Jersey state appeals court on Thursday refused to revive a personal injury complaint by a woman who slipped and fell on ball bearings in the Newark Liberty International Airport, ruling there was no proof the cleaning company that could have removed the ball bearings knew about them.

  • October 18, 2018

    Ex-USA Gymnastics CEO Charged With Evidence Tampering

    The former president and CEO of USA Gymnastics has been arrested in Tennessee after a Texas grand jury indicted him on charges of tampering with evidence during the federal investigation into convicted sexual abuser and former sports doctor Larry Nassar.

  • October 18, 2018

    Four Seasons' Win Sticks In Suit Over Shatter-Prone Doors

    A woman who was injured at a Four Seasons hotel by a shower-area glass door that shattered was not prejudiced by her inability to tell a jury about the hotel's alleged safety violations and therefore cannot receive a new trial, an Illinois federal judge ruled on Wednesday.

  • October 17, 2018

    Royal Caribbean Can't Escape Suit Over Passenger's Death

    A Florida federal judge ruled Wednesday that Royal Caribbean must face a wrongful death suit over an intoxicated passenger’s fatal fall off a cruise ship, saying it should be up to a jury to decide whether the fall was accidental or intentional.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    7th Circ. Upholds Conviction For Doc Who Ripped Off Insurers

    The Seventh Circuit on Wednesday said there’s “ample evidence” to support a jury’s finding that a Chicago dermatologist committed fraud by passing off cosmetic procedures as pre-cancer treatment to insurance companies.

  • October 17, 2018

    Pa. Justices Revive Suit Over Lyme Disease Misdiagnosis

    The Pennsylvania Supreme Court on Wednesday unanimously revived a woman’s Lyme disease misdiagnosis suit, saying a jury should decide whether the woman could have known she had the disease despite four negative results and an inability to afford a more sophisticated diagnostic test.

  • October 17, 2018

    NJ Justices To Review Med Mal Ruling Over Doc's Testimony

    The New Jersey Supreme Court will review whether a split state appellate panel properly ordered a new trial in a medical malpractice suit earlier this year on the grounds that defense counsel wrongly failed to disclose that a doctor’s trial testimony would deviate from his prior statements.

  • October 17, 2018

    Redo Bid On Ill. Hospital's Med Mal Win Has 'No Merit': Panel

    An Illinois woman's bid to either reverse a jury's finding for a hospital and doctor or receive an entirely new trial over claims they failed to treat her husband's chest pain more seriously has "no merit," a state appeals court has ruled.

  • October 17, 2018

    Mass. MD Says FCA Case Over Surgeries Should Advance

    A former anesthesiologist at Massachusetts General Hospital defended her second shot at a False Claims Act suit Tuesday, saying a federal court should hear the case because she has now provided evidence to show the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room.

  • October 17, 2018

    $75M Award In Asbestos Case 'Unreasonable,' Judge Rules

    A New York Supreme Court judge has ruled that a $75 million damages award for a couple who alleged that asbestos from engine parts was responsible for the wife's mesothelioma was unreasonable, ordering a new trial if the couple doesn't agree to a reduction.

  • October 17, 2018

    Nassar Plaintiffs’ Law Firm Has Conflict, Mich. State U Says

    Michigan State University has moved to disqualify the Nichols Law Firm PLLC from representing women who claim they were sexually abused by former sports doctor and faculty member Larry Nassar, saying the firm has a conflict of interest from its representation of another school employee who once defended Nassar's conduct.

  • October 16, 2018

    Duck Boat Cos.' Inaction Caused Deadly Crash, Jury Told

    Counsel for 42 victims of a “duck boat” crash that killed five people told a Seattle jury during opening statements Tuesday that the crash happened because of an axle defect that was improperly handled by amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, while the companies blamed each other for not making a recommended repair to the vehicle. 

  • October 16, 2018

    Strip Club Covered For $8M Fatal Crash Award, 6th Circ. Says

    A Cleveland strip club can force its liability insurer to cover an $8 million award that the family of a 2014 wrong-way car accident victim won against the club based on its negligent failure to stop the man responsible for the crash from driving home drunk, the Sixth Circuit ruled Tuesday, finding that the insurer is bound by the underlying judgment.

  • October 16, 2018

    Insurer Owes Hotel After Carbon Monoxide Leak: 10th Circ.

    The Tenth Circuit ruled Tuesday that a hotel has the right to insurance coverage after a carbon monoxide leak, overruling the insurer’s argument that the accident triggered an exclusion concerning “qualities or characteristics of indoor air.”

  • October 16, 2018

    Mo. Hospital Beats Patient's Excessive Morphine Suit

    A Missouri appeals court on Tuesday tossed a suit accusing a hospital and a doctor of negligently giving a maternity patient an excessive dose of morphine, which caused various injuries, saying it wasn’t a case of obvious negligence where a medical expert isn’t necessary.

Expert Analysis

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • 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?


    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.