Personal Injury & Medical Malpractice

  • April 9, 2018

    Orlando Venue Can't Avoid Slain Singer's Suit Over Security

    A Florida judge denied a bid Friday to dismiss a suit by the family of “The Voice” singer Christina Grimmie against the Orlando venue and her tour promoter for failing to protect her from an assailant that gunned her down after a concert in June 2016.

  • April 9, 2018

    Punitive Damages Bid OK'd In Patient Bedsore Death Suit

    A nursing home accused of being responsible for the death of a patient from complications arising from severe bedsores should face a claim for punitive damages, a Pennsylvania federal judge ruled Monday, saying the allegations, if proven, warrant an award for punitive damages under state law.

  • April 9, 2018

    Carnival Trims Suit Alleging Ship Docs Misdiagnosed Illness

    A Florida federal judge on Friday trimmed a Carnival Corp. cruise ship passenger’s suit alleging ship doctors misdiagnosed and failed to treat a flare-up of his chronic condition, but gave the plaintiff another shot at cleaning up the complaint.

  • April 9, 2018

    NJ Justices Probe Atty Fees Bid After $1M Med Mal Deal

    Counsel for a widow in a medical malpractice action told the New Jersey Supreme Court on Monday that she did not waive her right to pursue attorneys' fees under the so-called offer-of-judgment rule when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • April 9, 2018

    Fees In NFL Concussion Settlement Add To Payout Concerns

    Lead class attorneys led by Seeger Weiss LLP and Anapol Weiss are set to collect at least $107 million in fees from the potentially billion-dollar National Football League concussion litigation after a court ruling last week, raising concerns over the continued administration of the settlement amid complaints that the claims process has become too complicated.

  • April 9, 2018

    Pro Tennis Orgs Hit With Player's $10M Blood Draw Injury Suit

    Professional tennis player Madison Brengle sued the Women's Tennis Association and International Tennis Federation for subjecting her to anti-doping tests requiring blood drawn with a needle that she says exacerbated her rare medical condition, according to a $10 million suit filed Monday in Florida state court.

  • April 9, 2018

    NJ Biz Beats Widow's Suit Over Worker's Electrocution Death

    A New Jersey state appeals court on Monday refused to revive a lawsuit alleging a wireless equipment business caused a maintenance worker's electrocution death, rejecting his widow's argument that she may pursue the matter because the company knowingly exposed him to a “virtual certainty of harm.”

  • April 9, 2018

    Patient Had Right To Testify At Med Mal Trial, NJ Panel Says

    A New Jersey state appeals panel on Monday remanded for retrial the case of a man suing his doctor for negligence after an endoscopy gone wrong allegedly left him with cognitive defects, with the panel finding the trial court erred in not allowing the plaintiff to testify.

  • April 6, 2018

    La. Hospital's Trial Win Restored In Patient Choking Suit

    A trial judge’s decision to wipe out a jury verdict that cleared a hospital of liability in a suit over a patient’s death after choking on a pill was erroneous, a Louisiana appeals court ruled Friday, saying the evidence did not clearly support tossing the verdict, which it then reinstated.

  • April 6, 2018

    Widow Says Mine Safety Agency Breached Duty In Explosion

    The U.S. Department of Labor's Mine Safety and Health Administration should have done more to prevent a deadly 2010 explosion at a West Virginia mine operated by a Massey Energy Co. subsidiary, the widow of one of the 29 coal miners killed in the incident alleged Thursday, on its eight-year anniversary.

  • April 6, 2018

    Colo. Court Nixes $1M Recovery For Excess Med Mal Insurer

    A doctor's excess malpractice insurer that successfully sued his primary insurer for allegedly rejecting a $1 million settlement offer in bad faith will have to go back to the drawing board to prove that bad faith, a Colorado appeals panel ruled Thursday.

  • April 6, 2018

    UnitedHealth Must Face Wrongful Death Claim In State Court

    UnitedHealth Group Inc. and others must fight a wrongful death suit in state court, an Alabama federal judge ruled Friday, finding that the punitive remedies available in the state’s wrongful death statute could not be precluded by ERISA. 

  • April 6, 2018

    Nurse Fired In Kidney-Tossing Gaffe Gets Suit Revived

    An Ohio appeals court on Friday revived an employment suit brought by a nurse fired for being involved in the accidental disposal of a kidney to be transplanted between siblings, saying an arbitration provision effectively barred the trial judge from ruling on a wrongful termination claim.

  • April 6, 2018

    Monsanto Can't Dodge Water Contamination Suit, Judge Says

    An Alabama federal judge on Thursday denied Monsanto Chemical’s bid to toss an Army veteran’s personal injury suit alleging the company caused his leukemia by contaminating drinking water where he was based as a soldier several years ago, disagreeing with Monsanto that the veteran missed the statutory deadline to file.

  • April 5, 2018

    New Trial OK’d In SEPTA Train Worker's Electrocution Suit

    A Pennsylvania appeals court ruled Thursday that a new trial is appropriate in a suit over a Southeastern Pennsylvania Transportation Authority employee’s electrocution injury that ended in a $500,000 jury verdict, saying a Locomotive Inspection Act claim was supported only by expert testimony excluded at trial.

  • April 5, 2018

    Whistleblower Nurse Asks 1st Circ. For Lower Burden Of Proof

    A seasoned nursing assistant fired one week after raising flags about an allegedly dangerous colleague told the First Circuit Thursday that whistleblowers in Maine should not be subject to the same legal standard as workers who claim retaliation tied to discrimination and fraud under federal law.

  • April 5, 2018

    Ranch Owners Off Hook For Child’s Horseback Riding Injury

    The family of a 6-year-old boy who was injured when he was thrown off a horse in 2014 cannot sue the ranch owners for negligence because they are protected by a Texas law that specifically limits liability for inherent risks of equine activity, an appeals court ruled Wednesday.

  • April 5, 2018

    Child Abuse Plaintiffs Denied Quick Win In $4M Coverage Row

    A Kentucky federal judge on Wednesday denied the winners of a $4 million child abuse judgment against a day care center director a quick win against insurer Shelter General Insurance Co., saying they had not proven Shelter waived the right to contest paying the judgment.

  • April 5, 2018

    NFL Concussion Class Attys Get $107M Fees Amid Scrutiny

    The Pennsylvania federal judge overseeing the National Football League concussion settlement on Thursday granted the lead class counsel’s bid for nearly $107 million in attorneys’ fees and capped fees for individual attorneys at 22 percent, praising the work of class attorneys despite allegations the deal is failing many former players.

  • April 5, 2018

    Insurance Defense Atty Switches Sides To Join Clifford Law

    An insurance defense attorney who previously defended against suits lodged by Clifford Law Offices has now joined the Chicago-based personal injury powerhouse’s ranks as a partner, bringing experience in matters related to medical malpractice, product liability and trucking accidents, the firm announced Tuesday.

Expert Analysis

  • 10 Insights Into The West Virginia Supreme Court Of Appeals

    Elbert Lin

    From its architectural grandeur to its relaxed approach to time limits during oral argument, West Virginia’s highest court has many unique features that make it a special place to practice, says Elbert Lin, co-chair of the issues and appeals practice at Hunton & Williams LLP and former solicitor general of West Virginia.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • 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.