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Personal Injury & Medical Malpractice

  • July 3, 2018

    Pa. Judge Exits Med Mal Case After Relative Treated By Doc

    A Pennsylvania state judge who has faced questions over family connections to individuals involved in a medical malpractice case she'd been handling has agreed to step aside from the litigation after revealing that a relative was treated by one of the physicians targeted in the lawsuit.

  • July 3, 2018

    NCAA Wants Wrongful Death Suit Sent Back To State Court

    The NCAA has urged a New Jersey federal court to send back to state court a wrongful death suit against the sports association, a Massachusetts college and insurers from the parents of a football player who died after a workout, rejecting the school’s claims of diversity jurisdiction.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    Yelp Needn't Delete Defamatory Atty Reviews: Calif. Justices

    A divided California Supreme Court on Monday reversed a lower court’s order that Yelp take down defamatory reviews of a personal injury attorney posted by a former client, saying the consumer review website is protected by a federal law shielding publishers of third-party content.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    Mich. Jury Awards $135M For Botched Spinal Surgery

    A Michigan jury on Monday awarded a 17-year-old girl and her family $135 million in a suit accusing a Detroit Medical Center hospital of botching her spinal surgery causing severe and permanent injuries, in what is being touted as a record medical malpractice verdict.

  • July 2, 2018

    Skelos Cleared To Grill Key Witness Over Alleged Misconduct

    A New York federal judge on Monday greenlighted a multipronged attack by former New York State Senate Majority Leader Dean Skelos and his son Adam on the credibility of former insurance boss and government witness Anthony Bonomo, saying she would allow the defense to probe claims of misconduct at Bonomo’s company.

  • July 2, 2018

    Injured Worker Must Arbitrate Claims, Princess Cruise Says

    Princess Cruise Lines Ltd. has removed to California federal court a crew member’s suit stemming from a traumatic brain injury he suffered after slipping at work, asserting that the matter belongs in arbitration in Bermuda.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Ex-Yankee Player Gets Injury Suit Sent Down To State Court

    An Illinois federal judge Friday sent a former New York Yankees outfielder’s suit alleging he was injured at a June 2017 game at the Chicago White Sox’s Guaranteed Rate Field back to state court, saying the White Sox can’t claim the case is a federal labor dispute.

  • July 2, 2018

    Insurer Needn't Defend Bars Sued For Fatal Hit-And-Run

    A South Carolina federal judge ruled Monday that Scottsdale Insurance Co. has no duty to defend or indemnify a pair of bars in a suit alleging they overserved alcohol to a woman accused of mortally wounding a man with her car while fleeing the scene of a brawl, holding that a policy exclusion for claims arising out of assault and battery forecloses coverage.

  • July 2, 2018

    Atty’s Win In Fraud Case Over Injury Suit Nixed On Appeal

    A California appeals court has reversed a bench trial verdict in favor of an attorney being sued for fraud in connection with his alleged malpractice in an auto injury case, finding the attorney's former clients were entitled to a jury trial and were inexplicably denied one at the last minute.

  • July 2, 2018

    Mental Health Questions Clear Pa. Rehab Center In Death Suit

    A Pennsylvania appeals court ruled Monday that a drug rehabilitation center facing claims over the death of a patient whose mental health had come into question could take advantage of a law limiting the liability of individuals and facilities involved in treatment of the mentally ill.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

Expert Analysis

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A Key Rhode Island Ruling On Take-Home Asbestos Exposure

    Thaddeus Lenkiewicz

    Last month a Rhode Island court addressed for the first time whether an entity has a duty of care to protect nonemployees from exposure to the asbestos-tainted work clothes of the entity’s employee. The decision reveals a willingness of the court to extend an employer’s duty to household members of employees, says Thaddeus Lenkiewicz of Manning Gross & Massenburg LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Reining In Abusive Alien Tort Statute Cases

    Perlette Jura

    The most obvious takeaway from the U.S. Supreme Court's decision in Jesner v. Arab Bank is that non-U.S. corporations no longer need to fear Alien Tort Statute liability. But tucked within the decision’s holding and its various concurring opinions are other key points, say attorneys with Gibson Dunn & Crutcher LLP.

  • For Some Insurance Claims, Plain Language Isn’t Enough

    Robert Helfand

    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.