Personal Injury & Medical Malpractice

  • March 6, 2018

    Calif. Court Takes Broad View Of Notice Addresses

    A California appellate court revived a medical malpractice suit against a Long Beach doctor on Monday, saying the family of a patient who died had been justified in sending notice of intent to sue to an address listed with the state medical board, despite a state law that says notices should be sent to a doctor’s home.

  • March 6, 2018

    Mighty Raises $114M Fund For Litigation Funders

    Mighty, a technology service provider for litigation funders, is making a move into the industry’s budding secondary market, announcing on Tuesday that it has raised $114 million to help personal injury-focused litigation funders scale their businesses.

  • March 5, 2018

    Walmart Seeks DQ Over Ex-Atty's Role In Slip-And-Fall Row

    Walmart asked a Nevada federal court on Saturday to disqualify a Las Vegas law firm from representing a woman who was allegedly injured after slipping at one of the retailer’s stores, contending that the firm surreptitiously installed one of the company’s former attorneys to represent the shopper and her husband.

  • March 5, 2018

    Ga. Justices Toss $22M Med Mal Verdict, Order New Trial

    The Georgia Supreme Court on Monday reversed a $22 million jury verdict in a suit accusing an anesthesiologist of being responsible for a woman’s catastrophic brain injury and eventual death, saying a claim for ordinary negligence was improperly presented to the jury, therefore a new trial is warranted.

  • March 5, 2018

    Four Seasons Ignored Shatter-Prone Doors, Jury Told

    Four Seasons Hotels Ltd. knew that 136 sliding bathroom privacy doors in its Chicago hotel could shatter into pieces and should be replaced, but it ignored warnings and kept them in place in reckless disregard for patrons' safety, a hotel guest's attorney told jurors Monday at the start of a trial on punitive damages over the company's alleged conduct.

  • March 5, 2018

    Colo. Justices Decline To Narrow Doctor-Patient Privilege

    The Colorado Supreme Court on Monday reasserted its holding that doctors who have treated a patient in a medical malpractice suit but who are not themselves defendants may not reveal information about that treatment except under limited circumstances.

  • March 5, 2018

    Bad Handwriting Preserves NJ Wrongful Death Suit

    A New Jersey appellate court refused on Friday to dismiss claims against three doctors accused of mistreating a man who later died from a clot that lodged in his lungs, ruling that claims were not time-barred because of misleading and “illegible” hospital records that made it difficult to identify the treating doctors and their roles.

  • March 5, 2018

    10th Circ. Backs Ski Resort On 'Inherent Risk' Defense

    A man who was severely injured in a skiing accident can’t sue the Jackson Hole resort where he fell into a snow-covered pit, the Tenth Circuit said Monday, affirming a lower court’s ruling that the injury was a result of the “inherent risk” of alpine skiing.

  • March 5, 2018

    Del. Court Says Nurse’s Records Alteration Inadmissible

    A Delaware state judge ruled Friday that a man suing a surgery center and its nurses for malpractice can’t introduce evidence that another nurse altered his medical records three years after the surgery and just prior to her deposition, saying the alteration did not pertain to the patient’s alleged injury.

  • March 5, 2018

    NJ Justices To Review Health Club Injury Waiver

    The New Jersey Supreme Court agreed Friday to hear a lawsuit brought by an exerciser who says a release she signed upon joining a health club should not let the gym off the hook for injuries she suffered when a trainer allegedly dropped a dumbbell on her.

  • March 5, 2018

    Texas Hospital Must Face Claims Nurse Assaulted Patient

    A woman claiming she went to the emergency room for chest pains only to be molested and unnecessarily catheterized by a male nurse can pursue her civil case, a Texas appeals court has ruled, rejecting arguments that the patient’s expert reports were inadequate.

  • March 5, 2018

    3 Ways Injury Attys Can Make The Most Of Online Reviews

    Getting a one-star Yelp or Google review from a client can be devastating to a personal injury attorney who relies on such evaluations to drum up new cases, but having a minimal online presence out of fear of getting negative reviews is just bad business in the internet age. Here, experts share tips on how to get glowing online client reviews and how to handle the haters.

  • March 5, 2018

    Calif. Justices Set To Tackle Key Liability Insurance Query

    California's high court will hear arguments Tuesday in a builder's lawsuit over its insurer's refusal to cover allegations that it negligently failed to supervise a former employee who sexually assaulted a middle school student, a case that raises the broader question of whether liability coverage applies to the unexpected consequences of intentional conduct.

  • March 2, 2018

    NFL, Class Attys Hash Out Concussion Deal's Pros And Cons

    Lawyers on both sides of the NFL concussion case on Friday defended U.S. District Judge Anita Brody’s handling of the case as a class action moving it toward an uncapped settlement, saying they believed it was the most reasonable option despite vociferous objections to the deal.

  • March 2, 2018

    Hotel Guest’s Role In Own Death Sinks ‘Dram’ Suit: NC Court

    The North Carolina Supreme Court ruled Friday that a Crowne Plaza guest who checked in to celebrate her wedding anniversary and checked out dead of alcohol poisoning was at least as responsible for her death as was the hotel, freeing the owners of a “dram shop” claim that a lower court had revived.

  • March 2, 2018

    Insurer Must Defend Defunct Grocery Over Gang Shooting

    An Illinois appellate panel Thursday found that Boston-based Netherlands Insurance Co. owed a duty to defend now-defunct Chicago-area grocery chain Dominick's in a lawsuit over a fatal gang shooting in the parking lot of one of its stores in 2004, reversing a lower court's ruling but rejecting the grocer's argument that the insurer acted in bad faith.

  • March 2, 2018

    Calif. Car Dealer On Hook For $7.4M Personal Injury Award

    A California appellate court on Friday affirmed a $7.4 million jury award to a man who accused a used car dealership of failing to replace worn auto parts, which the driver said caused an accident and left him partially paralyzed, despite the dealership’s argument that he didn't prove causation.

  • March 2, 2018

    Texas Appeals Court Limits Discovery In NCAA CTE Suit

    The National Collegiate Athletic Association was partially successful in limiting the scope of discovery in a wrongful death suit brought by the widow of a former football player who died from chronic traumatic encephalopathy, with a Texas appeals court saying Thursday that a trial court's order was overly broad in some respects.

  • March 2, 2018

    Texas Court Keeps Post-Plastic Surgery Death Case Open

    A Texas appeals court has kept alive a wrongful death case filed by the family of a double mastectomy patient who died following reconstructive plastic surgery, shutting down arguments that called the family’s expert witness unqualified and his report inadequate.

  • March 2, 2018

    Aly Raisman Is Latest Gymnast To Sue Over Nassar Abuse

    Gold medal Olympic gymnast Aly Raisman is the latest former athlete to sue over sexual abuse and harassment by former sports doctor Larry Nassar, launching a lawsuit in California state court alleging USA Gymnastics and the U.S. Olympic Committee organizations failed to protect her and others from Nassar’s misconduct.

Expert Analysis

  • Weekly Column

    Acting For Trial Lawyers: Finding The Theme Of Your Case

    Michael DeBlis III

    Just in time for film award season, actor and trial lawyer Michael DeBlis discusses how some of the tools and techniques of the stage can be used by lawyers in the courtroom.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fla. Case Points To Speculative Nature Of Asbestos Claims

    Corey Lapin

    Last month, a Florida appeals court erased a sizable verdict against Bechtel Corporation for a worker's asbestos exposure decades ago. The court found that the jury should never have considered claims against the defendant because of the plaintiffs’ insufficient evidence. The case highlights the lack of clear causation in many asbestos claims, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.