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Personal Injury & Medical Malpractice

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    LA County Not Liable For Atty’s $13.9M Crash, Panel Says

    A divided California appeals panel reversed a $13.9 million judgment against Los Angeles County on Monday, ruling in a published opinion that the local government can’t be held responsible for a public defender’s car crash on his commute home because he didn’t need his car to do his job that day.

  • June 18, 2018

    Attys' Fee Dispute Must Go To Trial, Judge Rules

    A California federal judge has denied an attorney's motion to give him a win in a dispute with another lawyer over a contingency fee for helping reach a multimillion-dollar personal injury settlement, finding that allegations that fraud muddied the settlement talks are for a trial to sort out.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Ohio Court Tosses Botched Catheter Removal Suit

    An Ohio appeals court on Monday tossed a suit accusing a medical assistant of negligently removing a prostate surgery patient's catheter, which caused severe penile injuries, saying a state Supreme Court precedent invoked by the patient doesn't apply because no physician was named as a defendant in the suit.

  • June 18, 2018

    NJ Court Finds No Negligence In Priest's Fall At Hospital

    A priest who went to the hospital to give a patient last rites only to fall and break his own hip doesn't have a negligence case because some of his evidence was hearsay and the hospital owner could not have foreseen the accident, a New Jersey appellate court has found.

  • June 18, 2018

    Pa. Injury Firm Inks Deal With Feds For Medicare Repayments

    Federal prosecutors said Monday they'd inked a deal with Philadelphia-based Rosenbaum & Associates to resolve claims that the personal injury firm failed to reimburse the government for Medicare payments made to health care providers on behalf of clients.

  • June 18, 2018

    NFL, Texans Want To Arbitrate Ex-Eagles Player's Injury Suit

    The NFL and the Houston Texans want a court to send to arbitration claims that a pocked and scored field at NRG Stadium gave a former Philadelphia Eagles player a career-ending injury, saying the players' union agreed that injury claims like this can only be decided in arbitration.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Ky. High Court Decision Nixes $18M Nursing Home Suit Award

    A Kentucky appeals court said Friday a new trial is warranted for a nursing home negligence suit that ended in an $18 million jury verdict for the daughter of a deceased resident, saying a state high court ruling handed down during post-trial motions barred certain claims.

  • June 15, 2018

    Kan. Panel Upholds Law Barring Wrongful Birth Claims

    A Kansas appellate court panel ruled Friday that a 2013 state law barring so-called wrongful birth claims is not a violation of the Kansas Constitution’s right to a jury trial, because wrongful birth claims didn’t exist in 1859 when the Constitution was adopted.

  • June 15, 2018

    New NLRB Memos Touch On Solo Strikes, Facebook Posts

    The National Labor Relations Board's general counsel released a handful of advice memorandums Thursday, with one finding a Papa John's worker was illegally fired after her solo strike to support the "Fight for $15" campaign and another determining a nursing home worker was properly fired for not reporting suspected patient abuse after complaining about it on Facebook.

  • June 15, 2018

    Iowa High Court Revives Heart Surgery Consent Claims

    The Supreme Court of Iowa on Friday revived informed consent claims in the negligence case of a man who had heart surgery that led to a transplant, finding the lower court shouldn't have prevented the patient from pursuing claims the doctor lacked experience and didn't warn him about the operation's dangers.

  • June 15, 2018

    Repairman Gets Texas Justices To Take Up Electrocution Suit

    The Texas Supreme Court agreed Friday to hear an appeal in a suit brought by a power station repairman who accused a chemical plant of not properly isolating his work area when he came to fix a transformer, causing him to be electrocuted and lose one of his arms.

  • June 15, 2018

    Texas Justices Uphold $9.6M Brain Injury Verdict

    The Texas Supreme Court on Friday affirmed a lower appellate court's ruling upholding a $9.6 million jury award against a doctor who jurors found liable for a patient's brain injury, holding that while it was wrong to exclude the testimony of the doctor's expert witness, that ruling didn't "probably cause" an improper judgment.

Expert Analysis

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Insurers Use Calif. Fraud Law Against Health Providers

    Zachary Rothenberg

    California's Insurance Fraud Prevention Act has emboldened car insurance companies to sue health care providers for allegedly overcharging patients whose bills are ultimately paid by the insurers in personal injury claims. As IFPA suits become increasingly common, health care providers should take precautions to minimize their exposure, says Zachary Rothenberg of Nelson Hardiman LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.