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Personal Injury & Medical Malpractice

  • October 16, 2018

    Uber Gets Car Crash Negligence Suit Sent To NY

    An Illinois federal judge has transferred to the Southern District of New York a negligence suit filed by a Chicago man who was paralyzed when his Uber ride crashed, saying most of the case's "material events" happened in the Big Apple.

  • October 16, 2018

    Duck Boat Owner Says Law Limits Liability Over Fatal Sinking

    The owner of an amphibious “duck boat” has filed an action in Missouri federal court seeking to limit its liability over the deadly July sinking that claimed the lives of 17 tourists by citing a federal maritime law enacted in the 19th century.

  • October 16, 2018

    Florida Policy Won't Cover NJ Car Crash, Court Says

    The New Jersey state appeals court on Tuesday declined to revive a motorist’s suit against another driver over a car crash, ruling the motorist’s out-of-state insurance policy invalid in the Garden State, thus barring him from seeking damages against the other driver.

  • October 16, 2018

    Washington Pays $28M To Head Off Crash Survivor's Trial

    The state of Washington will pay $28 million to settle claims that its failure to bring a highway pillar up to legal standard was responsible for crash injuries that made a 15-year-old girl a quadriplegic.

  • October 16, 2018

    6th Circ. Affirms Ex-Bemis Worker's ADA Jury Win

    A Sixth Circuit panel affirmed an ex-Bemis Company Inc. press operator’s jury win in a disability bias suit Tuesday, saying the company hadn’t shown the worker couldn’t do his job but directing the trial court to tweak the $500,000 judgment.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 15, 2018

    Miami Dolphins Sued Over Stadium Injury

    A man who was injured at a bar in the Miami Dolphins' stadium has sued the team and the venue, saying both were negligent.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    Widower Asks High Court To Review Military Injury Suit Ban

    The widower of a Navy officer who died following childbirth at a military hospital has urged the U.S. Supreme Court to revisit a contentious decision that grants the government immunity from service members’ claims over injuries that are “incident” to their service, saying it should not bar his medical malpractice suit.

  • October 15, 2018

    Feds Must Face Suit Over Diabetic's Death At IHS Hospital

    A Nebraska federal judge has allowed a suit to move forward accusing an Indian Health Service hospital of causing the death of a diabetic patient by misdiagnosing her condition, saying the patient’s estate properly exhausted its administrative remedies under the Federal Tort Claims Act.

  • October 15, 2018

    Uber's Negligence Led To Rider's Assault By Driver, Court Told

    A New Jersey man alleging Uber is liable for hiring a driver who assaulted him over a ride dispute told a Pennsylvania federal court Friday that the ride-hailing giant cannot dodge blame in his negligence suit and that his amended claims are fully fleshed out.

  • October 15, 2018

    Pa. Justices Reject Bus Injury Victims' Immunity Challenge

    The Pennsylvania Supreme Court on Monday declined, for the time being, to consider whether principles of sovereign immunity infringed on the constitutional rights of two women to full compensation for injuries they suffered after being struck by public transit buses in Philadelphia.

  • October 15, 2018

    Ex-NECC Workers Blame Boss In Fraud Case

    ​Attorneys for six former New England Compounding Center employees accused of misleading regulators about the workings of the facility whose tainted drugs caused a deadly meningitis outbreak placed the blame on the workers' boss​ in statements to a Boston federal jury Monday.

  • October 15, 2018

    TSA Immunity At Stake As Full 3rd Circ. Weighs Abuse Case

    The Third Circuit may flip its July ruling that Transportation Security Administration airport screeners accused of abusing travelers are immune to civil suits because the decision appears to flout a U.S. Supreme Court directive, experts say.

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Ill. Lawyer's $25M Deal Was Misleading, Commission Says

    An Illinois lawyer who settled a quadriplegic man's personal injury suit for $25 million charged his client dishonest fees and improperly withheld details he learned about a jury note before accepting the deal minutes later, according to a complaint made public Friday.

  • October 12, 2018

    Jury Awards $6.3M In Fatal Farmers Market Auto Collision

    A California jury on Thursday awarded $6.3 million to the family of a 74-year-old man who was struck and killed by a vendor’s vehicle at a Southern California farmers market, finding the trade association that runs the market was almost entirely at fault for the accident.

  • October 12, 2018

    Ex-NY Senate Boss Asks For Light Sentence After Conviction

    Former New York State Senate Majority Leader Dean Skelos asked a New York federal judge on Friday to give him a sentence of less than two years in light of his life of public service, the needs of his two autistic grandchildren, and the consequences he’s already suffered as a result of his two convictions.

  • October 12, 2018

    Landowners' Counsel DQ'd In Okla. Pollution Suit

    An Oklahoma federal judge has disqualified an entire law firm from a pollution case against Kinder Morgan in which one plaintiff-side lawyer formerly working on it had a conflict from a seven-year-old matter.

Expert Analysis

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 3

    Kirk Hartley

    Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 2

    Kirk Hartley

    The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • 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.