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 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.

  • July 6, 2018

    Travelers, Others Must Cover Hospital Sex Abuse: 2nd Circ.

    Travelers must defend the Connecticut hospital where a notorious pedophile abused hundreds of children from subsequent lawsuits under two sections of its policy, and an excess insurer must step in once either of those is exhausted, the Second Circuit said Friday as it affirmed several earlier decisions in a “very unusual” coverage dispute.

  • July 6, 2018

    Subpoenas Of Google, Twitter In Reporter's Assault Suit OK'd

    A man accused of sending a seizure-inducing tweet to journalist Kurt Eichenwald cannot block the Newsweek writer's civil subpoenas of Google, Twitter and others to reveal who pledged money toward the defendant's legal defense and statements people made about the incident, a federal judge in Maryland has ruled.

  • July 5, 2018

    Ariz. Patient's 'Unsound Mind' Appeal Fails, Court Says

    An Arizona appeals court on Thursday affirmed the dismissal of a suit accusing a doctor and hospital of botching a patient’s heart procedure and causing several injuries, rejecting the patient’s argument that the statute of limitations should’ve been tolled because she had been too ill to recognize her injuries.

  • July 5, 2018

    Calif. Justices Revive Sony Prenatal Toxic Exposure Suit

    The California Supreme Court on Thursday revived a suit alleging a woman’s injuries were caused by in utero exposure to chemicals at a Sony manufacturing plant where the woman’s mother worked, saying a state toxic exposure law tolled the claims until the woman reached age 18.

  • July 5, 2018

    DOJ Touts 6th Circ. Medical-Need Ruling To Boost FCA Cases

    The U.S. Department of Justice is trumpeting the Sixth Circuit’s endorsement of a physician’s fraud conviction for unnecessary heart procedures, saying it undermines prominent court rulings that rejected False Claims Act liability over differences of medical opinion.

  • July 5, 2018

    Negligence Award Over Assault Victims' Landlord Reversed

    A Texas appeals court has set aside a more than $2 million jury verdict that found a landlord's negligence partially responsible for two women being raped after a man entered a tenant's apartment through a window with a faulty latch, saying the crime needed to be proved foreseeable and it wasn't.

  • July 5, 2018

    Texas A&M Immune In Student's Death From Chemical Use

    A Texas appeals court has held that the family of a Texas A&M University student who died after ingesting chemicals can’t defeat governmental immunity in its claim that his death was caused by the school giving him access to the substance.

  • July 5, 2018

    Hersheypark Sued By Man Accused Of Snapping Girls' Pix

    A Washington, D.C., man has filed suit in Pennsylvania federal court accusing Hersheypark amusement resort of having police detain and interrogate him under the false impression he was taking pictures of girls near a wave pool changing room.

  • July 4, 2018

    Law360 Reveals The Global 20 Firms Of 2018

    What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.

  • July 4, 2018

    How Smaller Firms Can Go Global Without Going Bankrupt

    Setting up shop across the globe may seem impossible for smaller law firms, but it can be done — and it's not the only way to get business overseas. Here, Law360 looks at what firms should think about when deciding whether, and how, to go global.

  • July 4, 2018

    Global Law Firms Bulk Up In Europe As Brexit Approaches

    With Britain less than a year from exiting the European Union, firms on Law360’s Global 20 have begun pushing deeper into the countries remaining in the bloc, adding offices and industry specialists in a shift that could rebalance how BigLaw works in the region.

  • July 3, 2018

    Insurer Witness In Skelos Trial Grilled Over NY Sanction

    Attorneys for former New York state Senate Majority Leader Dean Skelos and his son Adam on Tuesday went after a government witness who says he gave the younger Skelos a job in part to keep key state legislation to his insurance company viable, by questioning him over a state regulator’s finding that he engaged in misconduct at a medical malpractice insurer.

  • July 3, 2018

    Tressler LLP Boosts Litigation Presence In Four Cities

    Chicago-based firm Tressler LLP has added four attorneys to its staff in four U.S. cities, augmenting its national presence in such specialty areas as insurance coverage disputes, hospital law and patent and copyright infringements, the firm has announced.

  • July 3, 2018

    Less Talk, More Walk In Volleyball Sex Abuse Suit: Judge

    The Illinois federal judge overseeing a putative class action accusing an elite volleyball coach of concealing past sexual abuse allegations told both sides of the case Tuesday they should spend less time focusing on “sniping” at each other with “apocalyptic” pleading language and more on preparing for what he assumes will be a showdown over class certification.

  • July 3, 2018

    Duke University Doc Must Face Brain Tumor Misdiagnosis Suit

    Following a rehearing, a North Carolina appeals court on Tuesday revived a suit accusing a Duke University Health System doctor of misdiagnosing a man’s brain tumors, leading to unnecessary brain surgery, saying the trial judge erred by ruling that the patient’s medical expert was not qualified to testify.

  • July 3, 2018

    Atty Sanctioned In $1M Gym Class Wrongful Death Case

    A California judge overseeing a more than $1 million wrongful death case filed by the family of a woman who suffered cardiac arrest during a fitness class slapped sanctions on one of the family’s attorneys Tuesday, saying she doubted his claims that a surgery delayed his responses to the gym defendants’ discovery requests.

  • July 3, 2018

    Mass. Appeals Court Revives Part Of Skydiver’s Injury Suit

    A Massachusetts Appeals Court on Tuesday revived part of a suit brought by a Bay State woman who suffered two broken femurs while skydiving over Cape Cod, saying that, even though she signed a waiver, state law doesn't prevent her from suing for gross negligence.

  • July 3, 2018

    NCAA Concussion Deal Needs Audit On Notice, Class Says

    The NCAA and class counsel for a group of athletes trying to lock down a $75 million concussion settlement filed a joint request on Monday to push back a final hearing on the deal yet again, citing the same problems with contacting eligible athletes that have dogged the case for years.

  • July 3, 2018

    Injured Oil Worker's $2.8M Award Overturned By Texas Court

    A Texas appeals court overturned a jury verdict awarding an offshore driller $2.8 million for injuries sustained when a defective cable snapped and dropped a 62-pound weight on his foot, ruling Tuesday that the case was tried under the wrong legal theory.

Expert Analysis

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.