Personal Injury & Medical Malpractice

  • April 26, 2018

    La. Court Again Revives Nursing Home Slip-And-Fall Suit

    A Louisiana appeals court on Wednesday again reinstated a nursing home visitor’s slip-and-fall suit against the facility, saying relevant facts remained in dispute regarding whether staff followed procedure at the time of the incident.

  • April 26, 2018

    Bad Faith Claims Trend Threatens Insurer Attys, Panel Says

    Fair warning, insurance defense specialists and appointed counsel: Bad faith claims are coming for you.

  • April 26, 2018

    Fla. Justices End Circuit Split Over Med Mal Classification

    The Florida Supreme Court on Thursday resolved a conflict among two lower appeals courts by ruling that a personal injury suit accusing staff at a residential treatment facility of negligently injuring an unruly patient while attempting to physically restrain her can’t be categorized as medical malpractice.

  • April 26, 2018

    Kiwi Olympic Snowboard Coach Gets $6.3M In Med Mal Trial

    A Colorado federal jury awarded $6.3 million on Tuesday to the New Zealand Olympic Snowboard Team's former coach and his wife after the coach said his post-fall treatment at St. Anthony Summit Medical Center left him with permanent injuries.

  • April 26, 2018

    SeaWorld-Owned Water Slide Injured 5-Year-Old, Suit Says

    A SeaWorld-owned park’s negligence in operating its water slide led to the permanent injury of a 5-year-old girl when one of the ride’s rafts violently buckled and collapsed, slamming her head into a concrete wall, according to a suit removed to Virginia federal court on Wednesday.

  • April 26, 2018

    Ex-Olympic Gymnast Jordyn Wieber Sues Over Nassar Abuse

    Olympic gold medalist Jordyn Wieber has joined a number of others in alleging former team doctor Larry Nassar wasn’t properly monitored by organizations including USA Gymnastics, allowing him to leverage his position and abuse hundreds, according to a complaint removed to California federal court Wednesday.

  • April 25, 2018

    Ohio Doc On Hook For $1M For Child's Drug-Related Injuries

    An Ohio appeals court on Tuesday affirmed a jury’s $1 million verdict in a suit accusing a pediatrician of negligently prescribing a drug to a 6-year-old child and causing injuries, rejecting the doctor’s argument that the trial judge issued two improper jury instructions.

  • April 25, 2018

    Pa. Appeals Court Says Conrail Off Hook For Asbestos Death

    A Pennsylvania appeals court Tuesday upheld the dismissal of a case brought against Consolidated Rail Corp. by a man who died of lung cancer because of asbestos exposure, noting that all evidence indicates he signed away his right to sue in 2004 when settling his previous case for having nonmalignant mesothelioma.

  • April 25, 2018

    Ambulance Co.’s Trial Win In Injury Suit OK’d By La. Court

    A Louisiana appeals court on Wednesday affirmed a jury’s decision to clear an ambulance service company driver of liability in a personal injury suit over a two-car collision, saying the driver did not act recklessly and therefore is entitled to immunity under a state law shielding emergency vehicle drivers.

  • April 25, 2018

    Houston Doctor Says Deficient Reports Sink Malpractice Suit

    A Houston doctor facing claims that his delay in getting an MRI led to a patient’s permanent paralysis told a Texas appellate panel Wednesday that the patient’s suit was backed by flawed expert reports and should have been thrown out by a trial court judge.

  • April 25, 2018

    Buy Buy Baby Sued After NY Girl Killed By Fallen Chest

    Bed Bath & Beyond Inc.’s Buy Buy Baby retailer sold a 65-pound chest that was defectively designed in a way that allowed it to tip over and kill a young girl, says a suit filed Tuesday in New York court.

  • April 24, 2018

    Justices' Arab Bank Ruling To Force Alien Tort Suit Rethink

    A decision by the U.S. Supreme Court on Tuesday to find foreign corporations exempt from liability under the Alien Tort Statute is likely to lead to pressure on Congress to pass a law spelling out when non-U.S. companies can be sued for overseas human rights abuses, even if the prospects for such legislation appear dim.

  • April 24, 2018

    Apartment Fire Death Suit Tossed By Miss. Court

    A Mississippi appeals court on Tuesday affirmed the dismissal of a suit accusing an apartment building owner and property management company of negligently causing a tenant's death in a fire, saying testimony submitted by an electrical expert was properly rejected by the trial judge.

  • April 24, 2018

    Injury Suit Against Kansas City Power & Light Is Back On

    A Missouri appeals court panel on Tuesday revived a worker’s lawsuit against a power supplier over a 2013 fall in which he injured his wrist, ruling there were triable issues as to whether he was a statutory employee confined to workers’ compensation or free to file a premises liability suit.

  • April 24, 2018

    Neb. Appeals Court Revives Ironworker's Injury Suit

    A Nebraska appeals court on Tuesday revived an ironworker's negligence claims against a general contractor, his employer and an insurance carrier, finding that the trial court analyzed his claims based on the wrong theory of liability.

  • April 24, 2018

    Fla. State Sen. Joins Morgan & Morgan In Fort Lauderdale

    A Florida state senator has joined plaintiffs' firm Morgan & Morgan PA in its Fort Lauderdale office, where he will focus his practice on consumer class actions, False Claims Act suits and first-party insurance coverage cases, the firm announced Tuesday.

  • April 24, 2018

    Bard Seeks New Trial Over Vein Filters After $3.6M Verdict

    Medical device maker C.R. Bard on Monday moved for a new trial after being hit with a $3.6 million verdict last month in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, telling an Arizona federal court the decision was "inconsistent" and rested on flimsy evidence.

  • April 24, 2018

    Texas Doc's Attack On Expert Report Can't Sink Patient Suit

    A Houston doctor on Tuesday lost his bid to escape a medical malpractice suit brought by a deceased patient’s family when a Texas appellate court rejected the doctor's argument that an expert report supporting the family's claims did not link the doctor's actions to the patient's death.

  • April 24, 2018

    New United Video Suits Show Stubborn Power Of Viral Media

    A year after a video of airport security officers dragging a passenger off of a United Airlines plane went viral, new litigation related to the event makes the case a model for how social media can lead to legal consequences that continue long after the public has moved on.

  • April 24, 2018

    Justices Curb Civil Suits Against Foreign Companies

    A divided U.S. Supreme Court on Tuesday ruled that litigants can't use the Alien Tort Statute to sue foreign corporations for overseas human rights abuses and violence, ending a case attempting to hold a Jordanian bank liable for its alleged financing of Palestinian militant attacks.

Expert Analysis

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Weekly Column

    Acting For Trial Lawyers: Emphasis And Impact Devices

    Michael DeBlis III

    As lawyers, we are very good at emphasizing the written word in our briefs through a variety of literary and stylistic devices, but we sometimes struggle to apply that same approach to the spoken word, says actor and trial lawyer Michael DeBlis.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Weekly Column

    Acting For Trial Lawyers: Finding The Theme Of Your Case

    Michael DeBlis III

    Just in time for film award season, actor and trial lawyer Michael DeBlis discusses how some of the tools and techniques of the stage can be used by lawyers in the courtroom.