Personal Injury & Medical Malpractice

  • 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.

  • April 23, 2018

    Prince Estate Sues Walgreens, Hospital For Wrongful Death

    On the two-year anniversary of Prince’s death by accidental opioid overdose, the singer’s family filed a wrongful death suit in Illinois state court against Walgreens and an Illinois hospital that treated Prince for a separate overdose one week earlier.

  • April 23, 2018

    Masseuse Sues Superhero Creator Stan Lee For Assault

    Stan Lee, co-creator of Spider-Man, Iron Man, X-Men and other blockbuster comic book series, was hit with claims of assault and battery in Illinois state court Monday from a massage therapist who said Lee grabbed her foot and rubbed it against his genitals.

  • April 23, 2018

    Pa. ER Doc's Trial Win Affirmed In Patient Death Suit

    A Pennsylvania appeals court affirmed Monday a jury’s verdict in favor of an emergency room physician in a suit alleging negligent treatment of a teen suffering from shortness of breath who later died, saying a third amended complaint added new causes of action properly excluded by the trial judge.

  • April 23, 2018

    Walmart Slip-And-Fall Suit Revived By Idaho High Court

    The Idaho Supreme Court has revived a suit accusing Wal-Mart Stores Inc. of being responsible for a woman’s slip-and-fall injury, saying the retailer is alleged to have unsupervised product kiosks known to leak water, a factual dispute that precludes dismissal at this stage of the case.

  • April 23, 2018

    Widower Loses Bid For Review Of Left-Behind Catheter Suit

    The U.S. Supreme Court declined Monday to hear a medical malpractice suit brought by the widower of a woman who claimed a Dallas County hospital knew for years that a piece of a plastic catheter had been left inside her body after a heart procedure but didn’t tell her.

  • April 23, 2018

    5 Ways To Ensure Your Injury Expert Doesn't Hurt Your Case

    An expert witness testifying in a personal injury case can seriously undermine its success if he or she is surprised at trial by materials that should have been provided, fails to disclose prior testimony in other cases or isn't aware of what communications are discoverable by the other side. Here, Law360 offers five tips to help personal injury attorneys make sure an expert doesn't undermine a case.

  • April 23, 2018

    Woman's Suit Against Lawyer For Losing Case Came Too Late

    A woman who lost her case against her doctor for allegedly failing to diagnose her fungal sinusitis and ended up owing the defendant $123,000 in court fees cannot sue her lawyer for malpractice, a Michigan appeals court has ruled in affirming a lower court's finding that she filed too late.

  • April 20, 2018

    Texas Hospital Can't Ditch Suit Over Nurse Training

    Texas hospital chain Baylor Scott & White can't assert governmental immunity to avoid a lawsuit brought by a woman who says she was over-sedated during knee surgery because it didn't manage the hospital where it had trained nursing staff, a Texas appeals court held Thursday.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

    Food Co., Nurse Must Face Suit Over Worker’s Death

    A Kansas appeals court Friday reinstated a woman's lawsuit against her late husband's employer after the food processing company's nurse diagnosed him with acid reflux shortly before he suffered a fatal heart attack, with the panel finding that the state’s ever-evolving workers' compensation law no longer applies.   

  • April 20, 2018

    Wis. Atty Disciplined For Bungling Med Mal Suit

    The Wisconsin Supreme Court on Friday publicly reprimanded an attorney who admitted to taking on a medical malpractice case without prior experience with malpractice cases and later exiting the suit without properly advising her clients.

Expert Analysis

  • 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.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • 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.