Personal Injury & Medical Malpractice

  • March 8, 2018

    Jury Won't Punish Four Seasons Over Shatter-Prone Doors

    An Illinois federal jury on Thursday declined to award punitive damages to a woman who says Four Seasons Hotels Ltd. ignored patrons’ safety by failing to replace its shatter-prone glass shower-area doors.

  • March 8, 2018

    Cubs Escape Foul Ball Blindness Suit, But MLB Does Not

    The Chicago Cubs have been released from a suit brought by a baseball fan who claims he was blinded in one eye after getting hit by a foul ball during a game at Wrigley Field last summer, but Major League Baseball will continue as a defendant, a Cook County judge ruled on Wednesday.

  • March 8, 2018

    NCAA Concussion Deal Delayed 5th Time Over Notice Issues

    An Illinois federal judge pushed back the final approval hearing for a settlement in the multidistrict litigation over concussions against the NCAA for a fifth time Thursday after the class administrator said it had inadvertently failed to notify almost 75,000 players.

  • March 8, 2018

    Saudis Raised Immunity Bar Too Late, 9/11 Victims Say

    Victims of the Sept. 11 terrorist attacks, their families and insurers on Wednesday blasted Saudi Arabia and a now-shuttered Saudi charity for waiting too long to demand a higher bar for the accusations that they aided the terrorist organizations behind the plot.

  • March 8, 2018

    Steak 'N Shake Must Face Shooting Victim's Negligence Suit

    A woman shot in the face during an altercation at a Steak 'n Shake restaurant can sue the establishment for failing to provide her adequate protection, an Indiana appeals court ruled Wednesday, reversing a lower court's finding that the shooting was unforeseeable.

  • March 8, 2018

    Family Doc's Office Manager Can't Ditch Ex-Patient's Suit

    A Texas appellate court refused to kill a lawsuit brought against a doctor’s office whose administrator allegedly called the police on a former patient who was attempting to recover her medical files, ruling that the claims involving the administrator were not health care claims, and thus could not be doomed by the patient's "deficient" expert report.

  • March 7, 2018

    Ga. Jury Awards Record $18M In Infection Misdiagnosis Suit

    A Georgia state jury on Tuesday awarded $18 million in a suit accusing a doctor of failing to timely diagnose and treat a woman’s spinal infection that ultimately caused her to become a paraplegic in what is touted as the largest medical malpractice verdict in Chatham County history.

  • March 7, 2018

    Texas Panel Nixes Challenge To Time-Bar In Patient Death Suit

    A Texas appeals court on Tuesday tossed a suit accusing a doctor of causing a woman’s death, rejecting her minor son’s argument that a state law tolling the statute of limitations for personal injury claims for minors under the age of 12 is unconstitutional as applied to his wrongful death suit.

  • March 7, 2018

    NJ Nail Salon Visit Led To Toe Amputation, Suit Says

    A New Jersey nail salon has been slapped with a lawsuit by a customer who alleges he had to undergo a toe amputation and other surgeries after he contracted an infection from an employee’s illegal use of a razor to remove a callus from his foot.

  • March 7, 2018

    Wash. Court Backs Insurance Atty DQ In Wrongful Death Suit

    A Washington appeals court has ruled that insurer-appointed lawyers defending the estate of a boy killed in a car crash may not then withdraw from that position only to later oppose the estate representative on behalf of the boy’s parents.

  • March 7, 2018

    CSX Wins Verdict In Rail Worker's Philly Toxic Tort Case

    After a six-day trial CSX Transportation Inc. has shed what Philadelphia jurors determined were too-late claims from a brakeman who worked for the railway's predecessors and alleged that on-the-job exposure to toxic substances caused his kidney cancer.

  • March 7, 2018

    Diocese Claims Against Insurer Nixed In Sex Abuse Suits

    A Minnesota federal judge on Monday found that a Roman Catholic diocese in the state had not provided the details needed to support its claim that Arrowood Indemnity Co. lied or acted in bad faith when it refused to cover more than six dozen sexual abuse suits.

  • March 7, 2018

    Boston Hospital Says Lack Of Billing Info Sinks FCA Suit

    Massachusetts General Hospital told a federal judge Wednesday that a former anesthesiologist's False Claims Act suit claiming it double-booked surgeries should be tossed because the whistleblower can't prove the government had been charged for any of those procedures, an argument that drew some skepticism from the judge.

  • March 6, 2018

    Royal Caribbean Fights Renewed Harvey Cruise Claims

    Royal Caribbean Cruises Ltd. asked a Florida federal court Tuesday to toss a proposed class’ amended claims that the cruise line put passengers in harm's way last year by not canceling a cruise as Hurricane Harvey bore down on Texas, saying the court has previously dismissed such claims.

  • March 6, 2018

    Faulty Presuit Notice Dooms Texan's Chemical Peel Suit

    A Texas appellate panel on Tuesday affirmed the dismissal of a suit accusing a dermatologist of botching a woman’s chemical peel that purportedly caused severe burns, saying the woman’s notice of intent to sue was flawed and didn’t toll the two-year statute of limitations.

  • March 6, 2018

    Trial Over Civilian Deaths In Bolivia Gets Underway in Fla.

    A trial of a former Bolivian president and a government minister over soldiers' alleged wrongful killing of eight bystanders during protests in 2003 opened Tuesday in a Florida federal court with contrasting portrayals of the defendants' roles but an undeniable agreement on the underlying events.

  • March 6, 2018

    Calif. Justices Grapple With Sexual Abuse Coverage Quandary

    A California builder on Tuesday urged the state's highest court to find that a Liberty Mutual unit must cover its liability for claims it negligently failed to supervise a former employee who sexually assaulted a middle school student, during a hearing in which the justices probed the intricacies of policy language and the intersection of insurance and tort law.

  • March 6, 2018

    Time Warner Cable Gets Cyclists’ $500K Injury Award Nixed

    A North Carolina appellate panel on Tuesday vacated a $500,000 jury award for two cyclists who were injured after they hit a fallen Time Warner Cable unit’s utility line, saying jurors misapplied the “sudden emergency doctrine” to rule out the bike riders' alleged contributory negligence.

  • March 6, 2018

    Pa. Justices OK Fee Claim In Suit Over Departed Atty

    A unanimous Pennsylvania Supreme Court agreed on Tuesday that Meyer Darragh Buckler Bebenek & Eck PLLC was entitled to part of a $235,000 settlement in a wrongful death case that one of its former attorneys took with him when he moved to Malone Middleman PC.

  • March 6, 2018

    Asbestos Suits Not Barred By Ch. 11 Plan, 3rd Circ. Told

    The victims of asbestos-related ailments stemming from a Montana mine operated by bankrupt W.R. Grace told the Third Circuit Tuesday that its claims against the chemical maker’s insurers aren’t barred by its Chapter 11 plan, because they stem solely from the insurers’ alleged misconduct.

Expert Analysis

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Weekly Column

    Acting For Trial Lawyers: Emphasis And Impact Devices

    Michael DeBlis III

    As lawyers, we are very good at emphasizing the written word in our briefs through a variety of literary and stylistic devices, but we sometimes struggle to apply that same approach to the spoken word, says actor and trial lawyer Michael DeBlis.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)