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Personal Injury & Medical Malpractice

  • October 10, 2018

    NJ Appeals Court Puts Doc Back On Hook After Tainted Trial

    A New Jersey state appeals court on Wednesday overturned a jury’s finding that a doctor did not harm a woman who died of gastric cancer, saying the trial court allowed the defense to sneakily use a motion in limine to improperly kill a claim.

  • October 10, 2018

    Delta Likely To Evade $1M Suit Over Terminal Detention

    A $1 million suit brought by a noted Massachusetts doctor against Delta Airlines Inc. over his alleged false imprisonment in a London terminal is likely headed for dismissal, a federal judge said Wednesday, despite a stern warning from the doctor’s lawyer that tossing the case could pave the way for an airline “police state” on American soil.

  • October 9, 2018

    Amputee Wins $4M After Wyo. Hospital Missed Health Risks

    A Wyoming jury on Friday found that doctors and nurses at a Sweetwater County hospital breached the standard of care in treating a man whose legs needed to be amputated because it failed to properly diagnose his condition, putting him on track to collect about $4 million. 

  • October 9, 2018

    Ill. Jury Awards $50M For Child's Oxygen-Deprived Birth

    An Illinois state jury awarded $50 million on Tuesday to a boy who suffered a severe brain injury after hospital physicians failed to diagnose and treat his oxygen deprivation during birth.

  • October 9, 2018

    Covil Corp. Must Pay $32.7M Over Tire Plant Worker's Death

    A North Carolina federal jury has awarded $32.7 million in a suit accusing Covil Corp. of causing a tire plant worker's mesothelioma death due to asbestos exposure, finding the defunct pipe insulation supplier failed to warn the worker of the dangers of asbestos in the products it sold.

  • October 9, 2018

    Family Of Deceased Trucker Can Sue Missouri Co. In Mass.

    A federal judge subjected Missouri-based New Prime Inc. to Massachusetts’ long-arm statute Tuesday, ensuring the company must face a lawsuit in Massachusetts from the family of a truck driver who was killed after his instructor drove them into another vehicle.

  • October 9, 2018

    Texas Atty Flagged After 'Attacks' On Judges' Integrity

    A Texas lawyer was referred for disciplinary action Monday after a state appeals court said that, in fighting to reinstate a $2 million jury verdict, his judicial recusal bid crossed a line by making "direct attacks" on the integrity of the judges and the court.

  • October 9, 2018

    Sports Medicine Doctors Get Wider Protection Under New Law

    President Donald Trump has signed into law the Sports Medicine Licensure Clarity Act, which expands protections for sports medicine doctors and trainers when traveling with teams outside the states where they are licensed and insured.

  • October 9, 2018

    Higher Bar Applies In Birth Injury Suit, Texas Justices Told

    The medical malpractice claims brought against a doctor by the parents of a baby who was injured during delivery must be tossed because a heightened legal standard of negligence applies in emergency care situations, the Texas Supreme Court heard during oral arguments Tuesday.

  • October 9, 2018

    Pirates' Net Installer Can't Escape Foul Ball Injury Suit

    The company that sold and installed the net behind home plate at the Pittsburgh Pirates' PNC Park was denied a way out of a patron’s injury lawsuit Tuesday, when a state judge rejected arguments that the team should have known the net would stretch and deflect.

  • October 5, 2018

    Facebook Beats Suit Over Message Before Ohio Man's Killing

    Facebook has been cleared in a suit alleging it failed to alert authorities after a man posted a message with a seemingly murderous intent minutes before he recorded a video of himself killing a random pedestrian, with an Ohio state judge on Friday saying the company is immune under a federal law shielding third-party content publishers.

  • October 5, 2018

    Veteran Med Mal Atty Joins Grant & Eisenhofer In Chicago

    Grant & Eisenhofer PA has added a veteran medical malpractice attorney to its Chicago office as an associate in its birth injury litigation practice group.

  • October 5, 2018

    5th Circ. Reverses Doc's Win In Records Seizure Row

    The Fifth Circuit on Friday determined a doctor didn't have standing to claim a Texas Medical Board investigation into his patient records stemming from alleged overprescription of controlled substances violated his Fourth Amendment right to privacy, reversing a trial court ruling that had allowed the lawsuit to proceed.

  • October 5, 2018

    6th Circ. Affirms Widow's Federal Black Lung Benefits

    The Sixth Circuit on Friday upheld an administrative law judge's finding that the operator of a coal-loading terminal owes black lung benefits to a worker’s widow, saying the terminal didn’t overcome the legal presumption that longtime coal workers have black lung.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 5, 2018

    Jury Clears Bard In Third IVC Bellwether Trial

    An Arizona federal jury on Friday cleared C.R. Bard Inc. of liability in the third bellwether trial over claims that the company’s clot-stopping vein filter could break and send metal pieces toward patients’ hearts.

  • October 4, 2018

    Fla. Justices Undo Attys' Fees Ruling Over Settlement Offer

    The Florida Supreme Court on Thursday quashed a decision deeming a settlement offer too ambiguous to warrant an attorneys’ fee award, ruling that the lower court’s “nitpicking” of offers adds to judicial workload, which is contrary to the purpose of the law.

  • October 4, 2018

    8th Circ. Says Petco Off The Hook In Driver Injury Suit

    The Eighth Circuit on Thursday tossed a suit brought by a delivery driver accusing Petco of causing his trip-and-fall injuries during the course of a delivery, saying the driver failed to properly disclose key expert witness testimony.

Expert Analysis

  • 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.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.