Personal Injury & Medical Malpractice

  • October 15, 2021

    NJ Dentist Gets $1.4M Verdict Pulled In Suit Over Surgery

    A New Jersey appeals court on Friday undid a $1.4 million verdict in a suit by a woman alleging a dentist botched a tooth extraction and damaged her nerves, finding that the trial court was wrong to exclude or limit testimony from a potential witness and a defense expert in the case. 

  • October 15, 2021

    Texas Justices To Review SandRidge Electric Shock Suit

    The Texas Supreme Court agreed Friday to consider whether a lower court was right to revive a contractor's lawsuit seeking to hold an energy production company responsible for injuries he incurred when he was shocked while working near a live wire on the company's property.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    Imminent NFL Race-Norming Deal To Be Sealed, For Now

    The anticipated agreement on how to remove controversial use of race-based norms from the NFL concussion settlement is nearing finalization, but it will be kept under seal, at least for now, a Pennsylvania federal judge ruled Friday after a request from the league, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players.

  • October 15, 2021

    Ill. Death Suit Not Doomed By Late Expert Disclosure

    An Illinois appeals court has given a widower another chance at a wrongful death suit stemming from the death of his wife after knee replacement surgery, finding that the trial court was wrong to dismiss the suit entirely after he missed a deadline to disclose expert witnesses.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    Hockey Fan Hit By Puck At MSG Can't Sue NHL, Rangers

    Madison Square Garden, the New York Rangers and the NHL ducked a suit Thursday from a fan struck by an errant puck when a New York state appeals court affirmed that the venue had gone far enough to protect the fan.

  • October 15, 2021

    Texas Justices Won't Revisit PUC Purview In Injury Suit

    The Texas Supreme Court on Friday rejected utility CenterPoint's request to reconsider its June decision that the Public Utility Commission of Texas doesn't have exclusive jurisdiction over an injury lawsuit filed against the company.

  • October 15, 2021

    Maxwell Says NYC Jail's 'Incompetence' Hurting Trial Prep

    Lawyers for Ghislaine Maxwell said "incompetence" at Brooklyn's Metropolitan Detention Center is delaying delivery of the mail she needs to prepare for her upcoming sex-trafficking trial, asking a New York federal judge on Thursday to order the jail to speed things up.

  • October 15, 2021

    Mallinckrodt Ch.11 Plan Under Fire From Multiple Angles

    The drugmaker Mallinckrodt is facing more than a dozen objections to its proposed reorganization plan as it heads for a confirmation hearing in a Delaware bankruptcy court in just over two weeks, on grounds ranging from liability releases to insurance claims to bond terms.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Nursing Home Arbitration Not Unfair, Fla. Court Says

    A Florida state appeals panel tossed claims that an assisted living facility in St. Petersburg abused a former patient, finding that the plaintiff's "scattershot" arguments can't overcome an arbitration agreement signed by the woman's daughter upon admission into the facility.

  • October 14, 2021

    Prof Says Navy Employment Can't Excuse Harassment

    A national defense expert suing Navy personnel for harassment and retaliation in Maryland federal court pushed back against their attempt to dodge her suit by claiming immunity as federal employees, saying the allegations are outside the scope of their employment.

  • October 14, 2021

    Cosby Facing More Sex Abuse Claims After Axed Conviction

    A former "Cosby Show" actress launched a $25 million lawsuit on Thursday accusing Bill Cosby of drugging and raping her in a New Jersey hotel 31 years ago, joining the dozens of women who have accused him of sexual assault.

  • October 14, 2021

    Otis Elevator Must Face Suit In NY Over Woman's Injury

    A New York appeals court has revived claims that Otis Elevator Co. is responsible for a faulty elevator that allegedly injured a woman when it suddenly accelerated and then abruptly stopped, finding that the woman's expert report creates a triable issue of fact.

  • October 14, 2021

    Kevin Spacey's PR Emails To Be Admitted In Sex Abuse Suit

    A New York federal judge has ruled that some emails between Kevin Spacey's public relations team and his attorneys on the day accusations of sexual assault of a 14-year-old were first published can be brought as evidence in the alleged victim's lawsuit, but not London police documents related to another alleged assault.

  • October 14, 2021

    Johnson & Johnson Puts Talc Spinoff Into Ch. 11

    Johnson & Johnson said Thursday that it has sought Chapter 11 protection in North Carolina bankruptcy court for LTL Management, the subsidiary it has newly spun off to hold its cosmetic talc liability.

  • October 14, 2021

    La. Appeals Court Says Patient's Slip And Fall Not Malpractice

    A Louisiana appeals court has found that a woman's allegation that she slipped and fell off a stepstool at a doctor's office does not need to go to a medical review panel, saying the fall was not related to the treatment she sought.

  • October 14, 2021

    Fla. High Court Passes On Discovery Disparity Question

    The Florida Supreme Court on Thursday affirmed denials of two personal injury defendants' bids to block disclosure about their attorneys' or insurers' financial relationships with medical expert witnesses, but the justices declined to address the lower courts' questions of whether a 2017 ruling has unfairly resulted in defendants being treated differently than plaintiffs.

  • October 14, 2021

    Ga. Hotel Seeks Jury In Sex-Trafficking Coverage Row

    A Red Roof Inn franchisee is urging a Georgia federal judge to allow a jury to weigh in on its dispute with Mesa Underwriters over insurance coverage for a sex-trafficking suit, arguing that policy language in its assault and battery exclusion is "broad, vague and ambiguous."

  • October 14, 2021

    MyPhillyLawyer Boss Slams Ex-Staffer's Harassment Claims

    The managing partner of Philadelphia-based personal injury firm MyPhillyLawyer forcefully denied allegations during testimony on Thursday that he made an inappropriate comment to an ex-paralegal who's now pursuing a sexual harassment case against her erstwhile employer.

  • October 14, 2021

    Purdue Ch. 11 Plan Challenges Won't Hit 2nd Circ. Right Away

    A New York bankruptcy judge on Thursday denied a motion from parties appealing the confirmation of Purdue Pharma's Chapter 11 plan to bypass the normal appellate channels and bring their arguments directly to the Second Circuit.

  • October 14, 2021

    Minn. High Court Blocks Payment For Worker's Medical Pot

    The Minnesota Supreme Court has found that the federal Controlled Substances Act preempts a workers' compensation court decision ordering a dental center to pay for an employee's medicinal cannabis, saying the company can't comply with both state and federal law at the same time.

  • October 13, 2021

    Task Force Suggests Sweeping Changes To Fla. Condo Law

    A Florida Bar task force assembled to review the state's condominium law following the deadly Champlain Towers collapse has proposed sweeping changes that include making it harder for condominium associations to waive reserves, making financing more accessible to associations and increasing liability against developers and municipalities that conduct inspections.

  • October 13, 2021

    VA Says Bill's Proposed Medical Pot Study Is Too Broad

    A House subcommittee on Wednesday pressed U.S. Department of Veterans Affairs directors on why they did not support a bipartisan bill ordering the department to conduct clinical trials on the potential benefits of medical marijuana.

Expert Analysis

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Pa. Lawmakers Must Save Medical Liability Venue Rule

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    The Pennsylvania Legislature should stop the state's Civil Procedural Rules Committee from rolling back a rule banning medical malpractice forum shopping, to avoid a return to rampant liability claims in high-verdict courts, sky-high insurance premiums for doctors and less public access to care, says Curt Schroder at the Pennsylvania Coalition for Civil Justice Reform.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Opinion

    Defense Counsel Need New Strategies In Spinal Fusion Cases

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    To fight back against the growing trend of plaintiffs obtaining large jury verdicts in personal injury cases involving spinal fusion surgery, defense counsel should employ certain unconventional approaches, says Nicholas Hurzeler at Lewis Brisbois.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

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