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Personal Injury & Medical Malpractice

  • December 3, 2018

    Colo. Justices Say Privilege Nixed By Stroke Victims’ Parents

    A strongly divided Colorado Supreme Court ruled on Monday that attorney-client privilege was destroyed by the presence of an allegedly neurologically disabled client’s parents in a meeting.

  • December 3, 2018

    Parents Seek Win Against Tribal Hospital In Birth Injury Suit

    The parents of a baby born with serious brain injuries have urged an Oklahoma federal court to grant their motion for partial summary judgment against a tribal hospital over claims that negligent care resulted in the injuries, arguing that the court should immediately find in their favor on three significant issues.

  • December 3, 2018

    10th Circ. Revives BNSF Engineer's Injury Suit

    BNSF Railway Co. must face a worker’s suit alleging the company was responsible for neck and back injuries he suffered while adjusting a faulty engineer's chair on a train he was conducting, the Tenth Circuit ruled Monday, saying the company can be held liable for not making sure the chair was in “proper condition.”

  • December 3, 2018

    NY Jury Awards $28M Over Rape Of Special-Needs Student

    A New York jury has awarded a family a state record $28 million in a suit accusing a school district of failing to properly supervise a special education student with disabilities who was raped by a fellow student and later severely beaten by other students.

  • December 3, 2018

    Pa. Justices Permanently Block Clergy IDs In Abuse Report

    The Pennsylvania Supreme Court said Monday that a lack of adequate due process protections meant it needed to permanently redact the names of nearly a dozen Roman Catholic clergy from a bombshell report by the state’s attorney general into decades of rampant of sexual abuse.

  • December 3, 2018

    Contractor Loses Bid For Gov't Info On Abu Ghraib Abuse

    A Virginia federal magistrate judge has ruled that the government need not cough up unredacted documents in litigation seeking to hold a CACI International unit liable for abuses at Iraq’s notorious Abu Ghraib prison, saying there are valid national security reasons for keeping the withheld details under wraps.

  • December 3, 2018

    High Court Declines To Hear Ex-NHL Player Opioid Death Suit

    The U.S. Supreme Court on Monday refused to consider a wrongful death lawsuit by the parents of a National Hockey League player alleging his fatal overdose was the result of the league's promotion of violence and downplaying of the risks of head trauma.

  • December 3, 2018

    Mass. Justices Say Atty's Fee Dispute Suit Too Late

    Justices on Massachusetts' highest court told an attorney Monday that he could have taken legal action against his former employee sooner if he wanted to collect on an agreement before the statute of limitations expired.

  • December 3, 2018

    Pittsburgh Foul-Ball Injury Lawsuit Goes To Jury

    Backstop netting installer Promats Athletics LLC never told the Pittsburgh Pirates how much its net would deflect when struck by a foul ball and was therefore negligent in the injury of a fan behind home plate in 2015, the fan's attorney told jurors in Pennsylvania state court Monday.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    Pa. Court OKs $114K Sanctions Against Atty In Med Mal Case

    A Pennsylvania appeals court on Friday upheld approximately $114,000 in sanctions imposed on an attorney for violating court rules governing medical malpractice cases, saying the attorney can’t blame the lawyer who took over the case.

  • November 30, 2018

    Personal Injury Firm's $755K Award Nixed Over Venue Spat

    Houston personal injury law firm Arnold & Itkin LLP suffered a setback in its quest to collect a nearly $755,000 judgment from an aircraft charter company when a Texas appeals court held Thursday a lower court erred by not ruling first on the company's change of venue request.

  • November 30, 2018

    Fla. Court Tosses $6M Verdict In Scooter Crash Injury Row

    A Florida appeals court on Friday nixed a jury’s $6 million verdict for a man who was rear-ended while riding a scooter on a causeway, ruling the jury should have been instructed that vehicles that can’t keep up with the flow of traffic are not permitted on the causeway.

  • November 30, 2018

    $28M Jury Award Nixed In Death Of Duke Energy Worker

    An Ohio appeals court on Friday vacated a $28 million jury award in a suit accusing an inspection company of being responsible for a Duke Energy worker’s death after a rotted utility pole collapsed, saying the trial judge improperly barred the company’s argument that Duke was to blame.

  • November 30, 2018

    Tort Reform Bills Face Higher Bar After Ky. High Court Ruling

    The Kentucky Supreme Court’s recent decision to strike down a 2017 state law requiring medical malpractice claims to be first reviewed by expert advisory panels is a major blow to the state’s ongoing tort reform efforts, experts said, since it provides a blueprint for opponents to challenge any future law.

  • November 30, 2018

    Pa. Atty Sanctioned For Role In 'Frivolous' Insurance Appeal

    A Pennsylvania appeals court on Friday took it upon itself to impose unilateral sanctions on an attorney it said had pursued a knowingly frivolous appeal on behalf of a woman challenging the appointment of an arbitrator in a coverage dispute with State Farm Mutual Automobile Insurance Co.

  • November 30, 2018

    KC Chiefs Say Player's Ex-Wife Can't Exit Concussion Deal

    The Kansas City Chiefs have urged a Pennsylvania federal court to reject a former NFL player's ex-wife's bid to opt out of the 2015 concussion settlement class, saying there is no justification for making the motion four years after the deadline.

  • November 30, 2018

    Gov't Wants Insys Founder's Atty Sanctioned For Media Talk

    Prosecutors on Thursday asked a Boston federal judge to sanction the attorney for billionaire Insys Therapeutics founder John Kapoor, saying comments she made to the press were meant to "attack the credibility and testimony" of a co-defendant who recently pled guilty and agreed to cooperate with the government.

  • November 29, 2018

    Mass. US Atty Sends Warnings To Opioid-Prescribing Docs

    The U.S. Attorney for Massachusetts began sending warning letters this week to doctors who have prescribed opioids in significantly greater numbers than their peers or who have prescribed them to a patient who later died from an overdose, the prosecutor's office announced Thursday.  

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • 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.