We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Personal Injury & Medical Malpractice

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    Heart Transplant Surgeon Sues Houston Chronicle, ProPublica

    Heart transplant surgeon Dr. O. Howard "Bud" Frazier has filed suit in Texas state court alleging that The Houston Chronicle, ProPublica Inc. and their reporters defamed him in an article this year accusing him of a "secret history of research violations, conflicts of interest and poor outcomes," to quote the story's headline.

  • July 10, 2018

    White Nationalists Can't Nix Charlottesville Violence Suit

    A Virginia federal judge has allowed a suit alleging civil rights violations in connection with deadly white supremacist-associated rallies that took place in Charlottesville last year to move forward, saying the victims plausibly alleged a conspiracy to commit racial violence.

  • July 10, 2018

    Mass. Doctor Sues Delta For $1M Over 'False Imprisonment'

    A noted Newton, Massachusetts, neurosurgeon says he was illegally detained and marched by Delta employees through a London terminal after falsely being accused of stealing a flight attendant’s bag, according to a $1 million lawsuit removed Tuesday to federal court.

  • July 10, 2018

    Financial Guardian Must Face Ward's Claims: Ill. Court

    In a split decision, an Illinois state appellate court revived a malpractice suit on Monday accusing an attorney serving as guardian ad litem for a young girl of failing to protect money she received in a settlement following a car accident, saying the lawyer was not entitled to immunity.

  • July 10, 2018

    Hospital Can't Dodge Botched Surgery Suit: Ariz. High Court

    A consolidated case alleging malpractice in three bariatric surgeries was given a second life Monday by the Arizona Supreme Court, which ruled that even though the claims against the doctor were settled, claims against the hospital can still be pursued.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Pulse Shooting Victims' Families Ask 6th Circ. To Revive Suit

    Families of victims of the 2016 mass shooting at the Pulse nightclub in Orlando, Florida, urged the Sixth Circuit on Friday to revive a suit alleging Twitter, Google and Facebook aided the radicalization of shooter Omar Mateen by sharing the propaganda of terrorist group ISIS.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Johnny Depp Punched, Yelled At Film Crew Member, Suit Says

    Johnny Depp punched and screamed at a location manager on the set of “City of Lies,” according to a suit filed in Los Angeles Superior Court Friday that also says the financially strapped actor offered the man $100,000 to hit Depp in the face.

  • July 9, 2018

    Skelos Admits He Helped Son Get Work, Denies Corruption

    Former New York State Senate leader Dean Skelos told a Manhattan federal jury on Monday that he never traded the power of his office to help his son Adam, but on cross-examination admitted to pressing a real estate developer at least three times to help his son find work.

  • July 9, 2018

    Docs Escape Suit Over Not Telling Worker About Bad X-Ray

    A New York appeals court has tossed a negligence suit brought by a utility worker's widow against doctors and his employer for not telling him about a suspicious X-ray that might have alerted him of his lung cancer sooner, finding the doctors' only obligation was to report signs of health problems to his employer, which they did.

  • July 9, 2018

    Buffalo Bills Escape Dolphins Fan's Stadium Assault Suit

    A New York appeals court has tossed a suit accusing the Buffalo Bills of having lax security that allowed Bills fans to attack a Miami Dolphins fan during a game, saying the victim is suggesting a security guard should've been posted at the exact spot the attack occurred.

  • July 9, 2018

    10th Circ. Calls Medical Judgment Fair Game In FCA Cases

    In a significant decision, the Tenth Circuit on Monday revived a whistleblower’s False Claims Act suit alleging a doctor billed for unnecessary heart procedures, concluding that the medical judgment of health care providers can be deemed fraudulent.

  • July 9, 2018

    Attys Missed Window To File $10M Suit, Ill. Woman Says

    An Illinois woman hit several attorneys with a malpractice suit in Illinois state court on Friday, alleging their failure to timely file suit over her injuries from a collapsed fair booth ruined her chance to recoup more than $10 million in compensatory damages.

  • July 9, 2018

    Man Can Sue DC Courts Over Payout Delay In RNC Injury Suit

    The D.C. Circuit has reversed a district court's refusal to hear the case of a man who won a $1.3 million award against the Republican National Committee involving disabling injuries he sustained in an assault by a security guard, only for court administration to inexplicably withhold his payout for many years.

  • July 9, 2018

    5th Circ. Rejects Texas Pill Mill Doc’s Conviction Appeal

    The Fifth Circuit has upheld the conviction of a Texas doctor found guilty of running a pill mill, rejecting his arguments that the government's evidence was insufficient to show that he illegally wrote more than 11,000 oxycodone prescriptions over two years.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • How Courts Apply Contact-Sports Exception To Nonplayers

    Amy Crouch

    Established case law holds that a sports participant has no claim against another participant for injuries sustained during play, unless the co-participant intentionally or recklessly injured the other. In the context of concussion-based litigation, courts have grappled with how to apply that standard to entities far removed from the field of play, say Amy Crouch and Kerensa Cassis of Shook Hardy & Bacon LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Aviation Watch: Keeping Turbines Spinning, Passengers Safe

    Alan Hoffman

    Engine failures are rare in modern commercial aviation. But recent problems with two types of aircraft engines — including one which led to an in-flight fatality in April — point to the serious technical and legal challenges faced by manufacturers, air carriers and regulators trying to keep planes in the air, says Alan Hoffman, a retired attorney and private pilot.