Personal Injury & Medical Malpractice

  • March 16, 2018

    Cruise Photographer Who Shot Murder Scene Must Arbitrate

    A California federal judge has sent to arbitration a suit filed by a photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder because he was forced to document the scene of an alleged murder aboard the ship.

  • March 16, 2018

    Texas Justices To Weigh In On Higher Bar In Birth Injury Suit

    The Texas Supreme Court on Friday decided to hear oral arguments in a case where a doctor is fighting medical malpractice claims brought by the parents of a baby who was injured during delivery that asks the court to clarify when a heightened legal standard of negligence applies in emergency care situations.

  • March 16, 2018

    Hilton Ducks Sanctions In $20.5M Drowning Death Suit

    A Puerto Rican federal court declined to levy sanctions against a Hilton-operated resort in a $20.5 million suit brought by the family of a man who died while snorkeling, ruling Thursday that the resort’s behavior during discovery didn’t warrant sanctions.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 15, 2018

    Doc Can't Duck Suit Over Botched Hysterectomy, Court Says

    A Texas appellate court on Thursday refused to dismiss a medical malpractice suit alleging a doctor had botched a hysterectomy, saying expert reports submitted in the case provided enough information to keep alive the claims.

  • March 15, 2018

    Surgery Malpractice Claim Filed Too Late, La. Panel Says

    A Louisiana appeals court on Wednesday ended a suit alleging a clinic and several physicians' negligence caused the death of a woman who underwent two surgeries in as many days and suffered a stroke after a drop in blood pressure, finding her mother missed a one-year deadline to file her claims.

  • March 15, 2018

    Ga. Appeals Court Reverses $30M Auto Negligence Verdict

    A Georgia appellate court Thursday overturned a $30 million jury verdict awarded to a woman who was injured in a head-on car collision, ruling the trial judge failed to give the jury a crucial instruction on a defense theory.

  • March 15, 2018

    Claims Against Neighbor Revived In Bee Swarm Death Suit

    The siblings of a woman who died after being attacked by bees saw their suit against a neighbor partially revived Wednesday when a Texas appellate panel held that the family's negligent undertaking claim should proceed because there was evidence the neighbor tried to eradicate the bees.

  • March 15, 2018

    Pa. Court Affirms Defense Verdict In Child’s Flu Death Suit

    A Pennsylvania appeals court on Thursday said it would not upend a defense verdict in a lawsuit looking to hold a Philadelphia-area pediatrics practice liable for allegedly failing to offer a flu shot to a child who went on to die from the illness a month later.

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 14, 2018

    Pa. Bridge Contractor Charged With Deadly OSHA Violation

    A Pennsylvania company specializing in bridge rehabilitation was charged Tuesday with violating federal work safety regulations, leading to the death of an employee working in a trench that caved in and crushed him.

  • March 14, 2018

    Release Bars $3.2M Bike Race Accident Verdict, Philly Says

    The city of Philadelphia told a state judge on Tuesday that a release signed by a rider in a charity bike race should cancel out a nearly $3.2 million verdict he was awarded earlier this month over injuries he suffered after hitting a sinkhole and being thrown to the street.

  • March 14, 2018

    NY Helicopter Co. Accused Of Negligence In East River Crash

    The parents of a man who died in a sightseeing helicopter crash into New York City’s East River sued the aircraft’s owner on Tuesday for wrongful death, claiming it was grossly negligent and reckless to use harnesses that provided no means of escape in an emergency.

  • March 14, 2018

    Houston Man Sues Hospital Over English-Only Instructions

    A Houston area man sued Memorial Hermann Health System in Texas state court Tuesday, alleging the English-only care instructions the hospital gave his non-English-fluent son when the man was discharged after treatment for a heart infection amounted to medical malpractice.

  • March 14, 2018

    Cheesecake Factory Defeats NJ Appeal In Dropped-Plate Suit

    The New Jersey Appellate Division on Wednesday refused to revive a lawsuit by a patron of The Cheesecake Factory alleging a fragment from a dropped plate flew into her eye, ruling that her treating ophthalmologist’s opinion, that a foreign object could have contributed to her discomfort, was speculative.

  • March 14, 2018

    Surgical Drain Injury Suit Was Filed Too Late, Ohio Court Says

    An Ohio appellate panel on Wednesday tossed a suit accusing a doctor of negligently removing a patient’s surgical drain that purportedly caused internal injuries, saying the one-year statute of limitations began running the day the patient was readmitted to the hospital as opposed to his discharge nine days later.

  • March 14, 2018

    Second Fertility Clinic Sued Over Destroyed Eggs

    A San Francisco woman filed a proposed class action Tuesday over the destruction of eggs she had frozen at a California fertility center due to a cooling malfunction in the facility’s storage tanks, just a day after an Ohio couple filed a similar suit against a different facility.

  • March 14, 2018

    Injured Man Wins $37.5M In Dram Shop Suit Against Club

    A truck driver who became completely disabled and whose wife died in a drunken driving crash won a $37.5 million judgment Tuesday in Illinois state court in a dram shop lawsuit against the strip club that served the drunken driver, the man’s lawyers said.

  • March 13, 2018

    New Ky. Law Bars Physician Peer Reviews In Med Mal Cases

    Kentucky Gov. Matt Bevin has approved a bill making hospital peer reviews inadmissible as evidence in medical malpractice lawsuits filed against health care providers, while a multifaceted tort reform bill recently passed the state Senate.

  • March 13, 2018

    Power Co. Escapes $1.2M Fall Verdict At W.Va. High Court

    West Virginia’s high court has reversed a $1.2 million jury verdict awarded to a power company worker who was injured after falling 14 feet onto concrete, finding Monday there wasn’t enough evidence his employer intentionally exposed him to the unsafe working condition that led to the accident.

Expert Analysis

  • The Art And Science Of Investigative Questions: Part 3

    David Dolkas

    In the third article of this five-part series, longtime trial lawyer David Dolkas contrasts tough questions with tough-sounding questions and discusses which are likely to elicit more information from a source or witness.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • The Art And Science Of Investigative Questions: Part 2

    David Dolkas

    When lawyers question sources and witnesses, they need to know which portion of the person’s brain is answering each question. For purposes of asking questions, longtime trial lawyer David Dolkas divides the brain into two parts: the red brain and the blue brain.

  • The Art And Science Of Investigative Questions: Part 1

    David Dolkas

    In the first article of this five-part series, longtime trial lawyer David Dolkas offers ideas and instruction on how to ask better questions in any context where lawyers must obtain information from a source or a witness.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Calif. High Court Has A Chance To Define 'Accident'

    Gretchen Hoff Varner

    In Liberty v. Ledesma next week, the California Supreme Court will have an opportunity to answer, once and for all, what constitutes an "accident" under insurance policies and potentially clarify significant issues of both insurance law and tort law generally, say Gretchen Hoff Varner and Broer Oatis of Covington & Burling LLP.

  • After A Drone Accident, Who Can Be Held Responsible?

    John O'Brien

    The Federal Aviation Administration's evolving regulations on the use of unmanned aerial vehicles, as well as new anti-collision technologies, may prevent some drone-related accidents. But collisions, near-misses and malfunctions can still occur, with serious consequences. So citizen access to the courts is particularly important in the context of drone safety, says John O'Brien of John O'Brien & Associates.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.