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Personal Injury & Medical Malpractice

  • July 18, 2018

    Razor Wants Dad DQ'd As Child's Atty In Scooter Injury Suit

    Razor USA LLC moved Wednesday to disqualify an attorney representing his 11-year-old daughter in a suit alleging she was severely injured by a Razor scooter, arguing that the attorney was a key witness to multiple aspects of the case and should thus be removed.

  • July 18, 2018

    Insurer Needn't Defend Bar In Fatal Stabbing Suit

    Nautilus Insurance Co. doesn’t have to cover a Philadelphia bar facing a wrongful death suit over a patron who was stabbed 11 times for stealing alcohol, a Pennsylvania federal court said Tuesday, finding that a “bodily injury exclusion” clearly applies.

  • July 18, 2018

    Survival Claim Over Patients' Bedsores Revived

    A Pennsylvania appeals court has revived a survival claim made by the family of a man who died from bedsores allegedly worsened by two medical facilities' negligence, saying the deadline to file the claim is not two years from when the sores developed, as the lower court held, but two years from the time of death.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Insurer Says It Doesn't Owe Coverage For Fatal Parade Crash

    A Dallas auto body shop isn't covered for a fatal crash involving an affiliated motorsports team during a parade, an insurer has told a Texas federal judge, arguing the shop isn't the party responsible for the crash and lied in its insurance application about whether it had any sports sponsorships.

  • July 17, 2018

    Floyd Mayweather Can't Duck All Of Ex's Defamation Case

    Floyd Mayweather must face defamation claims over comments he made in an interview with Katie Couric following his conviction for battery constituting domestic violence, a California appeals court ruled Monday, though it dismissed claims for emotional distress arising from the interview.

  • July 17, 2018

    NJ High Court Revives Negligence Suit Over Elevator Injury

    The New Jersey Supreme Court on Tuesday revived a lawsuit from a woman who was injured by closing elevator doors at her Hackensack building, ruling that she is entitled to an inference of negligence in her claims against a condominium association and related parties.

  • July 17, 2018

    Subcontractor At Fault In Worker's Fatal Fall: 8th Circ.

    The Eighth Circuit on Tuesday said a subcontractor for a Missouri warehouse construction project is criminally liable for the fatal fall of an employee, affirming a guilty verdict and rejecting arguments that prosecutors failed to present sufficient evidence at trial or that the punishment did not fit the crime.

  • July 17, 2018

    Suit Against Insurer In Plane Crash Row Partially Revived

    A Texas appellate panel partially revived a lawsuit Kenyon International Emergency Services Inc. filed against Starr Indemnity and Liability Company on Tuesday, holding the emergency services company had shown that Starr might be on the hook in Kenyon's bid to recoup funds expended in the aftermath of a plane crash.

  • July 17, 2018

    Suit Over Child's Treatment At Philly Hospital Nixed, For Now

    A Pennsylvania federal judge has dismissed a woman's suit against a Philadelphia children's hospital alleging her child was mistreated during a two-week stay, finding it is based on vague civil rights claims, alleges racketeering activity that doesn't add up and asks to represent a class when there isn't quite one there.

  • July 17, 2018

    Ill. Couple's Med Mal Claims Revived Despite Blown Deadline

    An Illinois state appeals court revived a couple’s medical malpractice claims against an Illinois hospital and doctor on Monday after finding that a circuit court judge abused his discretion when he dismissed them rather than give the couple more time to file a supporting doctor’s report.

  • July 17, 2018

    Ohio Chiropractor Patient's Suit Over Stroke Came Too Late

    An Ohio appeals court has affirmed the tossing of a woman's claim against a chiropractor alleging malpractice after she suffered several strokes shortly after an adjustment, agreeing with the lower court she filed the suit months past the deadline and sounding nonplussed at why she offered no argument disputing that.

  • July 17, 2018

    Ex-NY Senate Boss, Son Again Convicted On Graft Charges

    Former New York State Senate Majority Leader Dean Skelos and his son Adam were again convicted of corruption charges on Tuesday following a second trial over claims the once powerful Republican extorted businesses into directing payments to his family.

  • July 17, 2018

    RICO Indictment Against Ex-Insys Execs Perplexes Judge

    A Massachusetts federal judge on Tuesday appeared befuddled by the government's Racketeer Influenced and Corrupt Organizations Act indictment charging former Insys Therapeutics Inc. executives with multiple schemes to bribe doctors to prescribe the company's pricey fentanyl spray, saying the allegations are confusing and fail to establish a common link in the alleged conspiracy.

  • July 16, 2018

    Ind. Court Says Foreign Object Med Mal Suit Filed Too Late

    An Indiana appeals court on Monday tossed a case accusing health care providers of failing to remove a catheter likely left inside a patient during infancy, saying the parents of the man bringing suit were informed of the foreign object in 2013 when he was a minor, making his 2017 proposed suit untimely.

  • July 16, 2018

    NHL Gains Upper Hand In Concussion Litigation

    A Minnesota federal judge on Friday blocked former National Hockey League players from bringing as a class action claims that the league ignored scientific evidence that head trauma in sports can cause long-term brain diseases, dealing a major blow to the players and potentially to other athletes bringing similar claims against their former leagues.

  • July 16, 2018

    Porn Studios Not Covered For HIV Suits, Insurer Tells 9th Circ.

    California's state-backed workers' compensation insurer Friday asked the Ninth Circuit to find it does not have to cover a porn studio for claims by actors who said they contracted HIV while on set, saying the claims are excluded by both state law and the policy terms.

  • July 16, 2018

    NCAA Says NJ Law Shields It In Wrongful Death Suit

    The NCAA has called on a New Jersey federal court to toss claims against it from the parents of a Massachusetts college football player who died after a workout, arguing in part that a state law shields the organization from certain liability.

  • July 16, 2018

    Firm Off The Hook In Pa. Couple’s Malpractice Suit

    A man who agreed not to pursue further claims against his employer and affiliated parties in settling a personal injury case is not precluded from suing his doctor for malpractice after allegedly botched surgery months later, a Pennsylvania appeals court ruled Monday in dismissing the man's malpractice suit against his lawyer alleging bad advice.

  • July 16, 2018

    Vegas Shooting Victims Can't Hold Resort Liable, MGM Says

    MGM Resorts International said it owes “no liability of any kind” to victims of October’s Las Vegas mass shooting, arguing in a California federal suit filed Friday that a 2002 anti-terrorism statute precludes victims from blaming injuries on its Mandalay Bay resort, where the shooter based his attack.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.