Personal Injury & Medical Malpractice

  • March 2, 2018

    Tucker Law Faces Pa. Malpractice Suit Over Car Crash Case

    Tucker Law Group LLC was hit with a malpractice suit in Pennsylvania state court on Thursday by a former client alleging that the firm settled an underinsured motorist claim on her behalf without her consent.

  • March 2, 2018

    Texas Justices Order New Trial In $9.6M Oil Rig Injury Case

    Citing the improper exclusion of video evidence that shows an injured oil rig worker performing manual labor, the Texas Supreme Court on Friday ordered a new trial in the case that originally resulted in a $9.6 million jury verdict against Diamond Offshore Services Ltd.

  • March 2, 2018

    Insurance Claims Over Criminal Surgeon Capped At £10M

    A U.K. company that runs private hospitals where a surgeon carried out hundreds of unnecessary breast operations can recover no more than £10 million ($14 million) on its insurance policy against payments made to his victims, a London court ruled Friday.

  • March 1, 2018

    PIP Insurance Repeal Rejected By Fla. Senate Subcommittee

    Efforts in the Florida Legislature to repeal the state's no-fault motor vehicle insurance law, which requires motorists to carry $10,000 in personal injury protection coverage, appear set to fail in the current session following a Senate subcommittee's rejection Wednesday, although a procedural step left open a narrow lifeline.

  • March 1, 2018

    Calif. Court Says Med Mal Trial Loser Must Pay $110K Costs

    A California appellate panel on Wednesday upheld a trial judge’s decision to award approximately $110,000 in costs to a neurosurgeon cleared by a jury of medical malpractice, saying the doctor’s take-nothing offer to settle the case entitles him to recover certain legal expenses.

  • March 1, 2018

    Pa. Court Cuts Surgeon Loose From Med Mal Suit

    The family of a now-deceased woman who lost her leg to vascular disease cannot pursue their medical malpractice claim against her surgeon because they didn’t produce an expert witness despite ample time and numerous extensions, a Pennsylvania appeals court ruled Thursday.

  • March 1, 2018

    Insurer Escapes Coverage Over Fall At Dunkin' Donuts

    A New Jersey appellate court on Thursday found that Travelers Insurance Co. does not owe coverage to a strip mall owner and its Dunkin' Donuts tenant in a man’s injury suit, as the owner was found to be grossly negligent and the policy excluded coverage for such negligence.

  • March 1, 2018

    Calif. Atty Beats Malpractice Claim Over Untimely Suit

    A California appeals court Wednesday tossed a legal malpractice suit accusing an attorney now employed by Sanford Heisler Sharp LLP of botching a woman’s personal injury case against a school district and its teacher who allegedly molested her as a child, saying the woman’s underlying claim was untimely.

  • March 1, 2018

    Mailing Error Can’t Return Med Mal Suit To Sender, Court Says

    A Michigan appeals court has held in a published decision that a medical malpractice plaintiff’s failure to mail notices of intent to sue to the right addresses does not necessarily let the named hospital, neurosurgeon and others off the hook.

  • March 1, 2018

    Iran Ordered To Pay $920M For Beirut Marine Base Bombing

    A Washington, D.C., federal judge granted 80 victims of the 1983 bombing of a U.S. Marine Corps barracks in Beirut a $920 million judgment against Iran on Wednesday for its role in supporting the attack.

  • March 1, 2018

    Consumer Class A New Liability For Sex Abuse Enablers

    A new class action against a renowned Illinois volleyball coach over claims he and his gym concealed allegations he sexually abused players is using a novel consumer protection approach to find relief for victims, which could lead to massive liabilities for other organizations caught up in similar scandals.

  • March 1, 2018

    Insurers Say They Won't Defend Weinstein From Assault Suits

    The Chubb Group Wednesday asked a New York state court to find its companies do not have to defend or indemnify movie producer Harvey Weinstein for nearly a dozen sexual assault and harassment suits in the U.S. and abroad.

  • March 1, 2018

    Fla. Jury Awards Doctor $2.85M In Whistleblower Trial

    A Florida state jury has awarded a surgeon $2.85 million, finding that he was retaliated against when his former employer, Florida Hospital, fired him for blowing the whistle on practices at the Heart and Lung Transplant Institute that put patients at risk.

  • March 1, 2018

    Texas Panel Keeps $2.7M Jury Verdict Against Obstetrician

    An obstetrician who was found liable by a jury for causing permanent nerve damage in a child he delivered lost his bid to toss the $2.7 million judgment on Thursday when Texas' Ninth Court of Appeals rejected his argument that the wrong negligence standard was applied.

  • March 1, 2018

    NJ Medical Board Bars Doc From Prescribing Painkillers

    A New Jersey orthopedic surgeon has been temporarily banned from prescribing controlled dangerous substances after allegations that he performed unnecessary surgery, prescribed unnecessary painkillers and failed to notice signs of drug dependence in patients, the New Jersey attorney general announced Thursday.

  • February 28, 2018

    Ohio's Judge Recusal Rules Violate Due Process, Suit Says

    Hundreds of patients pursuing claims against a fugitive surgeon have filed suit in Ohio federal court, claiming the state high court’s rules on judge recusals are unconstitutional.

  • February 28, 2018

    USOC Revamps Amid Nassar Scandal, CEO To Step Down

    The U.S. Olympic Committee announced major changes to the organization Wednesday including the resignation of its CEO amid health issues and the implementation of new initiatives and reforms intended to protect athletes from abuse, as it looks to move forward in the wake of the sexual abuse of athletes by former sports doctor Larry Nassar.

  • February 28, 2018

    American Airlines, Boeing Sued For Chaotic Plane Escape

    An Indiana woman who was a passenger aboard an American Airlines flight when one of the plane’s engines caught fire while it was on a Chicago airport runway sued the airline and plane manufacturer Boeing Co. in Cook County Circuit Court Wednesday, alleging the flight attendants made an already chaotic situation worse.

  • February 28, 2018

    Med Mal Expert Can Testify Despite Specialty: SC High Court

    The South Carolina Supreme Court ruled Wednesday that a state law requiring expert medical opinions to be filed with medical malpractice cases allows for submissions to be made by doctors who don't practice in the same area of medicine as an allegedly negligent doctor.

  • February 28, 2018

    Ohio Court Says Shoulder Surgery Med Mal Claim Is Too Old

    An Ohio appeals court Wednesday upheld the dismissal of a medical malpractice case against a hospital where a doctor was accused of performing bad reverse shoulder joint replacement surgery, finding the man discovered his injury outside of the one-year deadline to file suit.

Expert Analysis

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.