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Personal Injury & Medical Malpractice

  • October 3, 2018

    Fees Too Low In $18M Plane Crash Suit Deal, Court Says

    A California appellate panel on Tuesday published an opinion holding that a trial judge’s decision to grant just 10 percent attorneys' fees in an $18.1 million settlement of a wrongful death suit over a plane crash was too low and unreasonable given a much higher contingency fee agreement.

  • October 3, 2018

    SafeSport 'Overwhelmed' With Sex Abuse Claims, Sens. Hear

    U.S. Olympic sports governing bodies told federal lawmakers that the U.S. Center for SafeSport is "overwhelmed" with sexual abuse allegations and needs more financial support to continue to protect athletes in the Olympic movement amid several serious scandals.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

  • October 3, 2018

    Full 3rd Circ. To Rehear Flyer's TSA Screener Abuse Suit

    The Third Circuit said Wednesday the entire court will hold a rehearing to reconsider its previous decision finding Transportation Security Administration airport screeners to be immune to civil suits over alleged traveler abuse.

  • October 3, 2018

    Airline Must Face Passenger's 'Severe Turbulence' Injury Suit

    A Florida federal judge on Wednesday found that an Iberia airline passenger's suit claiming injuries sustained from severe turbulence while onboard a flight from Madrid to Milan can proceed under a multilateral treaty that governs airline liability for passenger injury and death.

  • October 3, 2018

    Royal Caribbean Faces 6-Figure Verdict For Ice-Skating Injury

    A Florida federal jury entered a nearly $700,000 verdict Tuesday in a negligence suit brought against Royal Caribbean Cruises Ltd. by a passenger who broke his ankle while ice-skating aboard one of its ships.

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    Md. Court Restores $3.7M Jury Award In Suit Against EMTs

    A split Maryland appeals panel on Monday reinstated a jury’s $3.7 million award in a suit accusing Baltimore emergency medical technicians of failing to properly care for a heart attack patient who later died, saying the evidence showed that the EMTs were grossly negligent.

  • October 2, 2018

    5th Circ. Won't Rethink Insurer's Win On $21M Assault Award

    The full Fifth Circuit on Tuesday refused to revisit an appellate panel’s recent ruling that Century Surety Co. doesn’t have to cover for a $21 million verdict handed down against a Texas pizza parlor owner who admittedly drugged and raped an 18-year-old woman.

  • October 2, 2018

    Duck Boat Operator Blasts $100M Suit Over Deadly Sinking

    The operator of an amphibious "duck boat" that sank in a Missouri lake in July and claimed the lives of 17 tourists has hit back at a $100 million suit lodged by victims’ families, saying the company complied with applicable regulations and the wreck was unforeseeable.

  • October 2, 2018

    Pa. Doc Can't Escape Med Mal Suit Over Newborn's Death

    Lingering questions about when a pediatrician at a federally funded health clinic was notified of a newborn’s need for medical attention will send a malpractice suit toward trial, a Pennsylvania federal judge ruled Tuesday.

  • October 2, 2018

    Facebook Accused By Trafficking Survivor Of Aiding Abuse

    A human trafficking survivor has sued Facebook, Backpage.com and others in Texas state court, accusing the social media giant and the now-defunct classified ads website of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade.

  • October 2, 2018

    NJ Atty Suspended Over $16K Referral Fee Paid To Lawyer

    The New Jersey Supreme Court has suspended a personal injury attorney for three months after he failed to show cause for why he shouldn’t be disciplined for paying another lawyer $16,000 for a single referral and for evading clients’ requests for an accounting of a $175,000 settlement.

  • October 1, 2018

    Colo. Jury Clears Docs In Patient Brain Damage Case

    A Colorado federal jury found Friday that four medical professionals who allegedly failed to diagnose and treat a brain abscess early enough to prevent serious brain damage were not negligent.

  • October 1, 2018

    Ill. Court Affirms ER Doc's Trial Win In Patient Death Suit

    An Illinois appellate panel has affirmed a defense verdict in a suit accusing an emergency room physician of failing to timely inform a patient of possible cancer, which contributed to her death, saying certain testimony was properly excluded by the trial judge.

  • October 1, 2018

    Grain Co. Must Pay BNSF's Defense Of Fatal Train Crash Suit

    An Oklahoma federal judge on Monday ruled that a grain and fertilizer company that leased land from BNSF Railway Co. must fund the railroad giant's defense of a lawsuit over a train collision that left a truck driver dead, while also holding that BNSF is not entitled to coverage from the lessee's insurer.

  • October 1, 2018

    NCAA Must Face Ex-Purdue Players' Concussion Claims

    An Illinois federal judge Friday let two ex-Purdue University football players go forward with most of their putative class claims that the National Collegiate Athletic Association and the Big Ten Conference hid the risks of repetitive brain trauma.

  • October 1, 2018

    Justices Won't Review Janssen's Liability For Risperdal Death

    A California appellate court’s decision that Janssen Pharmaceuticals can’t be blamed for a doctor’s error during a clinical trial for the antipsychotic medication Risperdal will hold up, after the U.S. Supreme Court on Monday turned away an appeal from the mother of a patient who died during the trial. 

  • October 1, 2018

    McMaster's Family Sues Over Father's Nursing Home Death

    The death of the father of former Trump administration official Lt. Gen. H.R. McMaster Jr. at a Philadelphia nursing home, which has already resulted in criminal charges against a staffer, is now the subject of a wrongful death lawsuit alleging the facility provided negligent care.

Expert Analysis

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 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.