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Personal Injury & Medical Malpractice

  • July 24, 2018

    Casino Slip-And-Fall Suit Belongs In Navajo Court: 10th Circ.

    The Tenth Circuit on Tuesday overturned a district court decision that said a personal injury suit against a Navajo Nation-owned casino should be heard in New Mexico state court, ruling that the Indian Gaming Regulatory Act doesn't allow tribes to give jurisdiction over tort claims to states and that the case belongs In Navajo tribal court.

  • July 23, 2018

    Bayer Can't Keep 16 Suits Over Essure Injuries In Fed. Court

    A Pennsylvania federal judge on Monday sent back 16 consolidated suits brought by women alleging they were harmed by Bayer’s birth control device Essure, finding that the company had failed to establish federal jurisdiction over the suits.

  • July 23, 2018

    Ill. Court Revives One Direction Concert Venue Injury Suit

    An Illinois court on Friday revived a suit accusing a Soldier Field parking garage company of causing a woman to trip over a bollard she says was obscured by a crowd leaving a One Direction concert, saying a factual dispute exists over whether the bollard was an “open and obvious” hazard.

  • July 23, 2018

    Feds, Silver Take Familiar Tacks Before Graft Sentencing

    Manhattan federal prosecutors on Friday asked a judge to give former New York State Assembly Speaker Sheldon Silver more than 14 years, the highest recent sentence over Albany corruption, while Silver asked for a chance to redeem himself — positions similar to those they took after Silver's first trial. 

  • July 23, 2018

    Mich. Justices Say Hospital Must Face Patient Fall Suit

    The Michigan Supreme Court on Monday allowed to move forward a suit accusing a hospital aide of negligently dropping a patient twice during a trip to the bathroom, saying the second fall can be considered ordinary negligence, not medical malpractice, and is therefore timely.

  • July 23, 2018

    Court OKs Sanction On Atty In WWE Concussion Suit

    A Connecticut federal judge has accepted a magistrate judge's recommendation to fine an attorney as a sanction for not complying with orders to provide specific evidence to back his clients' claims that World Wrestling Entertainment Inc. fraudulently concealed a link between the sport and brain injuries.

  • July 23, 2018

    Is The Grass Greener On The Solo Side?

    Long hours. Financial stress. Unpredictable clients. These lawyers say they've found their calling.

  • July 23, 2018

    FTS International Must Pay $101M For Texas Truck Accident

    A Texas jury has told FTS International Services LLC that it must pay $101.1 million to a driver who sued after one of FTS’ employees rear-ended him in an 18-wheeler in September 2013.

  • July 23, 2018

    USA Gymnastics Says It Isn't Liable In Nassar Abuse Suit

    USA Gymnastics has denied civil liability for the sex crimes of convicted national team doctor Lawrence Nassar in an answer in Michigan federal court to a lawsuit lodged in April by a team member accusing the Michigan State University sports doctor of sexually molesting her hundreds of times.

  • July 20, 2018

    Law360's Satisfaction Survey: By The Numbers

    Being a lawyer is not easy. But among private practice attorneys, in-house counsel and government lawyers, who's feeling the greatest pressure in finances and stress? Law360's 2018 Lawyer Satisfaction Survey provides a snapshot.

  • July 20, 2018

    The Least-Stressed Attorneys In A Stressed-Out Profession

    Law360's 2018 Lawyer Satisfaction Survey shows that when it comes to career and overall well-being, one type of firm is a lawyer's happy place — at least relatively speaking.

  • July 20, 2018

    MGM Wants Las Vegas Mass Shooting Suits In MDL

    MGM Resorts International has asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate more than a dozen suits filed in connection with last year’s Las Vegas mass shooting, saying all claims and potential claims arise out of a single event.

  • July 20, 2018

    Ohio State Sexual Misconduct Probe Reveals Over 100 Claims

    A Perkins Coie LLP investigation of allegations that a now-deceased Ohio State University sports team doctor sexually abused or harassed student-athletes and others has unearthed sexual misconduct claims made by more than 100 former students, the school said Friday.

  • July 20, 2018

    Norwegian Cruise Line Looks To Arbitrate Wrongful Death Suit

    Norwegian Cruise Line removed to Florida federal court Thursday a wrongful death suit brought by the family of a Filipino employee who died while participating in a rescue drill aboard a cruise ship, saying the claims must be arbitrated in the Philippines pursuant to the terms of his employment contract.

  • July 20, 2018

    Seattle Airport Worker's $40M Injury Award Slashed To $10M

    The Washington Supreme Court has ruled that the Port of Seattle need only pay $10 million to an injured airport baggage handler, rejecting the worker's claim that the port should be on the hook for the entirety of a jury’s $40 million award.

  • July 20, 2018

    DC Circ. Partially Revives Terrorist Attack Liability Case

    The D.C. Circuit on Friday reversed the dismissal of certain terrorism liability claims against Hezbollah and an Iranian bank related to rocket attacks against Israel, saying a district court failed to address necessary jurisdictional issues before ruling, but affirmed the dismissal of tort claims against the bank, citing a recent high court decision.

  • July 20, 2018

    Uncertain Clauses Revive Insurer's Bid To Ditch NJ Mold Suit

    A New Jersey appellate court ruled Friday that insurers may not be obligated to defend a policyholder facing a coverage lawsuit if its duty to cover the underlying claim is uncertain, in a decision stemming from a nurse’s mold illness claims against her employer.

  • July 20, 2018

    JB Hunt Owes $4.8M Interest In Indiana Negligence Suit

    An Indiana appeals court on Wednesday affirmed the $4.8 million in prejudgment interest that J.B Hunt Transport Inc. owes to an injured woman awarded $19.5 million following an accident stemming from a J.B. Hunt driver’s negligence in a 2006 tractor-trailer crash, saying the interest was justified.

  • July 20, 2018

    Litigation Funder Seeks Bond For Ex-NFLer’s $500K Advance

    A third-party claims funder argued Thursday that a Pennsylvania federal court should make an ex-NFL player post a bond or some other security after he refused to repay an advance of his share of a settlement with the league in multidistrict litigation over brain injuries.

  • July 20, 2018

    NH High Court Affirms $750K Verdict For Applebee's Patron

    The New Hampshire Supreme Court has upheld a $750,000 jury verdict awarded to an Applebee's patron who said he got salmonella from a hamburger served by the restaurant, shooting down the eatery's claims that the lower court made a number of errors during the trial.

Expert Analysis

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • 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.