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Personal Injury & Medical Malpractice

  • September 14, 2018

    NJ Doc's Med Mal Win Nixed Over Conflict Of Atty On Jury

    A New Jersey state appeals court on Friday overturned a jury verdict in a doctor's favor in a medical malpractice action alleging he performed a hysterectomy after incorrectly suspecting a woman had cancer, saying an attorney who represented the physician’s insurer in other matters was improperly allowed to temporarily serve as a juror.

  • September 14, 2018

    Hospital Not Negligent In Cracked Femur Suit, Says Panel

    An split Indiana appeals court on Friday upheld a South Bend hospital’s win in a patient’s medical malpractice suit alleging her femur was fractured when nursing staff handled her roughly after hip surgery, finding that an exception that lets personal injury negligence claims go forward without direct evidence doesn’t apply.

  • September 14, 2018

    Weitz & Luxenberg Can't Toss Woman's $25M Fraud Suit

    A Manhattan federal judge refused Friday to toss a $25 million fraud suit targeting Weitz & Luxenberg brought by a woman who says the plaintiffs firm took on her 20-year-old breast implant injury case against Bristol-Myers Squibb but allowed it to be dismissed without telling her.

  • September 13, 2018

    Oregon High Court Puts Fence Around Doctor-Patient Talks

    Personal injury plaintiffs can keep their discussions with their doctors during medical exams secret, so long as those exams were not explicitly court-ordered, Oregon's high court ruled Thursday in a closely watched appeal.

  • September 13, 2018

    Intoxication Exclusion Applies To Snowmobile In Benefit Suit

    A Minnesota federal judge has approved a benefits-plan administrator's decision to deny coverage for a death in a snowmobile accident, ruling Wednesday that the snowmobile was a “motor vehicle” and piloting it under the influence could reasonably negate coverage.

  • September 13, 2018

    Member Fights Gold's Gym Bid To Nix Broken Equipment Suit

    A Colorado woman Thursday asked a federal court to deny Gold’s Gym’s attempt to dismiss her claim she was injured by a broken rowing machine, arguing her membership agreement’s liability waiver didn’t cover defective equipment.

  • September 13, 2018

    Walmart Asks NJ Justices To Nix Rule Barring Medical Terms

    Walmart Stores Inc. urged the New Jersey Supreme Court Thursday to strike down a bright-line rule set by a state appellate panel barring the use of terms like “somatization” and “symptom magnification” by experts in civil jury trials to convey that personal injury claims are inconsistent with objective medical evidence.

  • September 13, 2018

    Split 5th Circ. Affirms Austin, SXSW Immune In Fatal Crash

    A split Fifth Circuit panel has upheld an early win for the city of Austin, Texas, and the organizers of its South by Southwest music festival in a lawsuit brought by the family of one attendee who was killed by a drunken driver, holding that under Texas law those parties can't be held liable.

  • September 13, 2018

    Boston Joins In Suing Purdue, Others Over Opioid Epidemic

    The city of Boston joined dozens of other cities and towns in Massachusetts on Thursday, hitting Purdue Pharma LP, Insys Therapeutics Inc. and more than a dozen other drugmakers and distributors with a lawsuit in state court as a result of the opioid epidemic.

  • September 13, 2018

    Illinois Court Won't Order New Trial Over Botched Diagnosis

    An Illinois state appeals court won't order a new trial against medical practitioners who allegedly failed to diagnose a man's heart disease, saying that although surviving family members sought millions for grief and sorrow, their jury tactics let a hospital group sow doubt by suggesting the man was nonetheless likely to die before his wife and children did.

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

  • September 12, 2018

    NCAA Concussion MDL Nears End Of Direct Notice Phase

    More than 6,500 previously hard-to-reach class members in multidistrict litigation over concussions in student-athletes will soon learn about a $75 million deal with the NCAA, finally bringing to an end the direct notice portion of the case, an attorney for the college sports governing body told an Illinois federal judge Wednesday.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Pa. Justices Won't Hear Appeal To Transfer Toddler Death Suit

    The Pennsylvania Supreme Court declined on Tuesday to weigh in on a dispute over whether to transfer a medical malpractice suit involving the death of a toddler, leaving the suit where it was filed in Philadelphia.

  • September 12, 2018

    3rd Circ. Joins Harsh Critique Of $900K Fee Request

    The Third Circuit on Wednesday endorsed a lower court's harsh denial of a $947,000 fee request following an insurance coverage trial, and instituted a formal policy that judges can deny awards of even reasonable fees if they come alongside “staggering” and “astonishing” unsupported fees like the ones on display in the case.

  • September 12, 2018

    Insurer Gets Edge In Ex-Dickstein Shapiro Atty's Benefits Suit

    A D.C. magistrate judge said Tuesday that Unum Life's retraction of a former Dickstein Shapiro LLP attorney's long-term disability benefits was appropriate and recommended the suit be dismissed.

  • September 12, 2018

    Gov’t Can’t Limit Damages In $1M VA Amputation Suit

    An Ohio federal judge has refused to let the U.S. government cap an amputee’s damages in her $1 million medical malpractice suit alleging a Veterans Affairs podiatrist bungled an ankle replacement surgery and failed to warn her of the amputation risk associated with the procedure.

  • September 12, 2018

    Mo. Duck Boat Operators Slam AG's Suit Over 17 Deaths

    The operators of the amphibious "duck boat" that sank in a Missouri lake, killing 17 tourists, asked a federal court to throw out the state attorney general's unfair practices lawsuit against them, arguing that the suit ignores their strenuous efforts to protect individuals' safety.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    Appeals Court Clears Honeywell In Asbestos Cancer Suit

    A California appeals court has affirmed Honeywell's midtrial win against a man who worked with brakes containing asbestos as a child mechanic in the 1950s, saying Monday that the use of Kansas law was correct even if it imposes a nearly impossible standard.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Policing Bad Claims In Consolidated Litigation: Part 2

    Danielle Bagwell

    While conducting a pre-suit investigation sufficient to file a lawsuit may seem like a perfunctory enterprise, courts appear increasingly willing to affirm the importance of complying with this requirement — and this issue is particularly ripe in consolidated and multidistrict litigation, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.