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Personal Injury & Medical Malpractice

  • 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.

  • July 6, 2018

    What You Need To Know For The Supreme Court Nomination

    President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.

  • July 6, 2018

    Md. Medical Bill Law Not Federally Preempted, Court Rules

    A Maryland appeals court on Friday ruled that a federal law allowing Medicare to recover medical payments from wrongdoers in personal injury cases does not preempt a Maryland law allowing losing defendants to submit proof of a plaintiff’s actual medical costs as opposed to billed costs.

  • July 6, 2018

    Ex-NY Senate Boss Takes Stand At Retrial, Denies Graft

    Former New York Senate Majority Leader Dean Skelos unexpectedly took the witness stand in his own defense Friday at a retrial over charges he strong-armed businesses for illicit payments to his son, denying that he ever traded his official position for personal gain.

  • July 6, 2018

    Ariz. Panel Won't Revive Wrongful-Death Suit Against Eatery

    An Arizona appeals court on Thursday affirmed a jury’s verdict for Hurricane Grill and Wings and a lower court’s judgment for the franchiser in a wrongful-death action brought by the husband of a woman who died when a drunken driver crashed into their car after leaving the restaurant, finding no errors.

  • July 6, 2018

    Biggest Texas Supreme Court Rulings Of 2018: Midyear Report

    In its 2018 term, the Texas Supreme Court became the first state high court in the country to apply attorney-client privilege to non-lawyer patent agents, opened the doors for patients to access hospitals' closely guarded insurance reimbursement rates, and strengthened protections for lawyers facing suits brought by courtroom opponents. Here, Law360 takes a look at six of the most significant cases from the term.

  • July 6, 2018

    NY Appeals Court Frees Eye Doctor From Med Mal Suit

    A New York appeals court on Thursday dismissed claims lodged against an ophthalmologist accused of negligently supervising a colleague who allegedly botched a patient’s two eye surgeries, saying the eye doctor presented evidence he never treated the patient and owed her no duty of care.

  • July 6, 2018

    Feds To Pay $900K In VA Hospital Cancer Misdiagnosis Suit

    A South Carolina federal judge on Friday approved a $900,000 settlement in the case of a lung cancer patient whose family sued a U.S. Department of Veterans Affairs hospital alleging its late diagnosis wrongfully hastened his death and worsened his and his family's suffering.

Expert Analysis

  • Moving Toward A Standard Of Care For Medical Marijuana

    Ian Stewart

    The Medical Board of California's recently updated guidelines for physicians on recommending medical cannabis serve as part of the foundation for an emerging standard of care for medical cannabis. As medical cannabis becomes more widespread, this standard is needed to ensure consistency of care and patient safety, say attorneys at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • 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.