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Personal Injury & Medical Malpractice

  • September 20, 2018

    6th Circ. Says Contractor Must Face Nursing Home Death Suit

    The Sixth Circuit on Thursday partially revived a suit brought by a nursing home claiming a contractor should be on the hook for a $3.65 million settlement the home paid to the family of a patient who died, saying the deal precludes only one of two claims.

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    NY Court Tosses Gas Blast Suit Against National Grid Unit

    A New York appeals court on Wednesday dismissed a suit accusing a National Grid PLC subsidiary of being responsible for a gas explosion during Superstorm Sandy, saying the company established that it wasn't negligent in the installation or maintenance of the disturbed gas service line.

  • September 20, 2018

    Nursing Home Takes Death Suit To Texas Justices

    A Texas nursing home is taking its fight over a man’s death to the state Supreme Court, saying Thursday that the suit has moved forward only because an appeals court allowed the late patient’s daughter to use an impermissibly flawed expert report.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

  • September 19, 2018

    Mass. Doc Dodges Prison After Giving Patient Info To Drug Co.

    A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.

  • September 19, 2018

    La. Panel Revives Suit Over LSU Med School Prof'’s Firing

    A Louisiana appeals court on Wednesday revived a suit accusing Louisiana State University Medical Center of wrongfully terminating a tenured medical school professor, saying a dispute exists over whether the professor’s threat to resign can be considered a verbal resignation.

  • September 19, 2018

    Texas Employer Beats Suit From Worker Who Suffered Stroke

    A Texas appeals court on Wednesday tossed a suit accusing a company of failing to provide an employee with medical care after he exhibited stroke symptoms at work, saying the employee did not present evidence that the company owed a legal duty to provide him medical care.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Calif. Surgeon, Girlfriend Charged With Sexual Assault

    The Orange County district attorney’s office has accused a California surgeon who once appeared on a Bravo dating show and his girlfriend of drugging and sexually assaulting two women, and prosecutors say there may be significantly more victims who haven't come forward.

  • September 19, 2018

    Lawyer Group Tells Justices Taxing Lost Rail Wages Unfair

    The American Association for Justice told the U.S. Supreme Court that damages given for lost wages cannot be taxed under a railroad statute because they do not fall under its definition of taxable income, and that ruling otherwise would not be fair because it would impede fair settlement offers when workers are injured in the future.

  • September 18, 2018

    Catholic Orgs To Pay $27.5M For Reported Abuse, Attys Say

    The Roman Catholic Diocese of Brooklyn and a local after-school program have agreed to pay $27.5 million to end a suit in New York state court from four males who say they were abused by a local church worker as children, the plaintiffs' attorneys said Tuesday.

  • September 18, 2018

    OSHA Fines Contractors For Deadly Fla. Bridge Collapse

    Five contractors who worked on the design and construction of a pedestrian bridge that collapsed in Miami in March, killing six people, have been issued citations and fines, the federal Occupational Safety and Health Administration announced Tuesday.

  • September 18, 2018

    Carnival Wants Claim Cut From Passenger's Misdiagnosis Suit

    Carnival Corp. asked a Florida federal court on Monday to end a claim in a suit by a cruise ship passenger who said the ship's medical staff misdiagnosed a flare-up of his chronic condition, putting his life at risk.

  • September 18, 2018

    Labor Union Says Lost Wages Not Taxable Under Railroad Law

    A labor union and an association of plaintiffs’ attorneys has urged the U.S. Supreme Court to find that wage loss awards should not be taxable under a railroad retirement statute and argued that the railroad company pushing for them to be taxable had an ulterior motive, saying railroads could use the tax to reduce wage loss awards that result from future injuries.

  • September 18, 2018

    Parents’ Suit Over Child Born With Cystic Fibrosis Revived

    A North Carolina appeals court has revived a suit over the birth of a child with cystic fibrosis following a doctor’s notification to the mother that she was not at risk of having children with CF, saying Tuesday that because of the “continuing course of treatment” of the mother, time limits for suing were extended.

  • September 18, 2018

    Mass. Utility Hit With $50M Suit After Deadly Gas Explosions

    Antiquated infrastructure and a lack of leak prevention and safety practices led to last week’s gas explosions in three communities north of Boston, killing one person and displacing thousands, according to a $50 million proposed class action filed Tuesday in Massachusetts state court seeking to hold the utility company responsible.

  • September 18, 2018

    Mass. Hospital Rips FCA Claims Med Students Not Supervised

    Massachusetts General Hospital argued Monday that a former anesthesiologist’s False Claims Act lawsuit citing specific bills fails to properly show that the renowned teaching hospital overbilled government health programs for time patients spent in the care of unsupervised doctors-in-training or waiting on overbooked surgery units.

  • September 17, 2018

    Freight Co. Hit With $3.5M Verdict Over Semi-Truck Pileup

    A Mississippi federal jury has found that a driver for trucking company Skymile Logistics was completely responsible for a three semi-truck pileup that killed one man and severely injured another, awarding the injured man $3.5 million in damages.

  • September 17, 2018

    Insurer's Bid For Docs In Brain Damage Case Mostly Denied

    A Texas magistrate judge on Friday largely denied an insurer’s request for documents from a surgery center accused of causing brain damage to an ankle-injury patient, finding they were shielded by either attorney work-product protections or a state law that keeps medical care review records confidential.

Expert Analysis

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 1

    Kirk Hartley

    Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.

  • Opinion

    USOC Should Have Selected Ethics Expert As New CEO

    Ronald Katz

    The U.S. Olympic Committee is in the midst of an ethical crisis because of sexual abuse, and its new CEO does not have the background, experience or credibility to investigate the scandals. It is critical that she appoint someone to help resolve this major moral malfeasance, says Ronald Katz of GCA Law Partners LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.