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Personal Injury & Medical Malpractice

  • June 28, 2018

    Bus Accident Victims Push Pa. Justices To Ax Gov't Immunity

    Two women who say they suffered catastrophic injuries after being struck by public buses in Philadelphia are urging the state's highest court to find that Pennsylvania's sovereign immunity statute infringed their constitutional right to a legal remedy for their suffering.

  • June 28, 2018

    Wis. Justices Uphold Med Mal Noneconomic Damages Cap

    The Wisconsin Supreme Court has reversed an appellate court's ruling that declared unconstitutional a state law that puts a $750,000 cap on noneconomic damages in medical malpractice suits, saying the Legislature put much thought into the limit and the trade-off is a guarantee of unlimited awards for all other damages.

  • June 28, 2018

    Delay On Kennedy Replacement 'Ain't Going To Happen': GOP

    High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."

  • June 28, 2018

    DaVita Hit With $375M Punitive Damages In Colo. Verdict

    A Denver federal jury awarded $384 million on Wednesday, $375 million of it punitive damages, to kin of three dialysis patients who died after being treated by the national dialysis chain DaVita with solutions that were allegedly known dangers.

  • June 28, 2018

    Sessions, HHS Unveil $2B Health Care Fraud Takedown

    More than 600 people, including 165 medical professionals, have been charged with taking part in health care fraud schemes that included more than $2 billion worth of fraudulent billing, in what Attorney General Jeff Sessions on Thursday called “the largest health care fraud takedown in American history.”

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

  • June 27, 2018

    Rutgers Doc Escapes Med Mal Suit Over Absent Claim Notice

    The New Jersey Appellate Division ruled Wednesday that a woman cannot revive her medical malpractice action against a doctor working for Rutgers University, because she did not file a tort claim notice after the physician “unequivocally disclosed” that he was a state employee entitled to such notification.

  • June 27, 2018

    Life After Kennedy: 1 Big Question, 6 Judges To Watch

    President Donald Trump made it clear Wednesday that the world already knows the name of the person he is going to nominate to replace retiring Associate Justice Anthony M. Kennedy. The question is, which name will it be?

  • June 27, 2018

    PG&E, Others Settle Family’s Toppled-Tree Suit For $47.5M

    Pacific Gas and Electric Co., a Northern California county and others have reached settlements totaling $47.5 million to resolve a lawsuit brought on behalf of a boy who lost his right leg and part of his pelvis after being crushed by a tree while camping.

  • June 27, 2018

    'Goodbye, Tony!' Justices Bid Farewell To Kennedy

    As U.S. Supreme Court Justice Anthony Kennedy prepares to step down after three decades on the bench, his colleagues stepped forward to share stories about the man they know as “Tony,” describing a thoughtful coworker who built enduring friendships and made a lasting mark on the legal landscape.

  • June 27, 2018

    When Partisan Passion Raged, Kennedy Was The Vote To Get

    Throughout his three-decade run on the U.S. Supreme Court, Associate Justice Anthony Kennedy leveraged his precious swing vote to forge robust legacies in free speech, LGBT rights and capital punishment, clerks and court watchers told Law360 after the justice announced his retirement Wednesday.

  • June 27, 2018

    Insurers Want Out Of Coverage For Miami Bridge Collapse

    Two insurers asked a Florida federal court Wednesday to declare that they do not have to cover or defend Figg Bridge Engineers Inc. for lawsuits related to the deadly collapse of a pedestrian bridge the company helped design at Florida International University near Miami.

  • June 27, 2018

    Texas Chemical Plant Wants Injured Workers’ Suits In MDL

    A Texas chemical plant has asked the Texas Judicial Panel on Multidistrict Litigation to consolidate eight lawsuits brought on behalf of 104 people who claim injuries stemming from an explosion and subsequent fire at its Houston-area facility.

  • June 27, 2018

    Del. Justices Reverse Nixed 'Take-Home' Asbestos Claim

    In an acknowledged change of course, Delaware’s Supreme Court on Wednesday reversed the dismissal of a “take-home” asbestos injury claim by the estate of a worker’s spouse who regularly laundered contaminated clothing, overruling tort and liability standards used in prior cases.

  • June 27, 2018

    Ill. Court Affirms $1.3M Award In Med Mal Referral

    An Illinois appeals court has upheld a $1.27 million award in the case of a law firm alleging it never got its agreed-upon share of a final settlement in a medical malpractice case it worked on with a firm to which it had referred the case.

  • June 27, 2018

    GOP Kicks Off Race To Confirm Kennedy Replacement

    Supreme Court Justice Anthony Kennedy’s retirement announcement Wednesday echoed like a starting gun in the Senate, setting off a sprint from Senate Republicans who said they plan on having his replacement confirmed before the fall elections.

  • June 27, 2018

    Ohio Atty Suspended 1 Year For 'Sloppy Office Practices'

    The Supreme Court of Ohio has suspended a personal injury attorney for a minimum of one year over her "sloppy" handling of forms, a client trust fund and records in the course of representing a mother and daughter in a case stemming from a car accident.

  • June 27, 2018

    Facebook, Twitter, Google Reject Blame For Pulse Shooting

    Twitter Inc., Google LLC and Facebook Inc. have asked a Florida federal judge to dismiss claims by survivors of the Pulse nightclub shootings that their online platforms are liable for the massacre because they allowed a terrorist group to post material that propelled the shooter to kill in its name.

  • June 27, 2018

    $160M Deal Ends Fatal Philly Food Truck Explosion Cases

    In what attorneys say is the largest pre-verdict settlement in the history of the Pennsylvania state courts, U-Haul International Inc. has signed off on a $160 million deal to end claims over its role in a Philadelphia food-truck explosion that killed two and injured several others, according to an announcement Wednesday.

  • June 27, 2018

    Justice Kennedy's Retirement To Upset High Court Balance

    Associate Justice Anthony Kennedy, 81, the U.S. Supreme Court's most senior member, is stepping down from the bench, the court announced Wednesday. His retirement will hand President Donald Trump the chance to replace a crucial swing vote and shift the ideological balance of the court to the right.

Expert Analysis

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Courts Remain Skeptical Of FCA Statistical Arguments

    Robert Rhoad

    A Massachusetts federal court's ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 3 Key Concussion Issues To Be Decided By Ohio High Court

    Michael Nelson

    Individual concussion cases are moving forward at a faster clip than class actions and making law that may have far-reaching implications for collegiate sports and beyond. Schmitz v. NCAA — which will be argued before the Ohio Supreme Court on April 11 — is a prime example of the trend, say attorneys with Jenner & Block LLP.

  • 'Malpractice' By A Computerized Decision-Support Tool?

    Charles Weiss

    Skounakis v. Sotillo, a case recently decided by the New Jersey Appellate Division, illustrates circumstances in which tort claims are brought against the supplier of a clinical computerized decision-support tool, and some of the issues that can arise in this type of case, says Charles Weiss of Holland & Knight LLP.

  • Vindication Of Employers' Jones Act Rights At 5th Circ.

    Matthew Guy

    The Fifth Circuit's recent decision in Denetra Thomas v. Hercules Offshore Services — holding that a mobile offshore drilling unit was subject to U.S. Coast Guard regulations not those of the Occupational Health and Safety Administration — shows that employers can successfully defend Jones Act claims when an employee fails to provide evidence of fault, says Matthew Guy of Adams and Reese LLP.