Personal Injury & Medical Malpractice

  • February 23, 2018

    Meningitis Pharmacist Must Forfeit $175K Before Restitution

    A former Massachusetts pharmacist convicted of recklessly mixing drugs that led to a 2012 meningitis outbreak must forfeit $175,000, or less than one-half of his salary from the roughly three years a jury decided his laboratory degenerated into a criminal enterprise, a federal judge decided on Friday.

  • February 23, 2018

    2nd Circ. Won’t Revive Surgery Patient’s Med Mal Case

    The Second Circuit on Friday upheld the toss of a malpractice case accusing a New York City hospital of causing nerve damage in a man’s shoulder by improperly positioning him during surgery, finding the patient’s expert testimony was far too speculative.

  • February 23, 2018

    Texas Justices Pass On Hospital's Expert Report Row

    The Texas Supreme Court on Friday denied a request from Methodist Richardson Medical Center to intervene in a wrongful death lawsuit brought by the widow of a former patient, leaving in place a lower court's ruling granting the widow an extension to fix deficiencies in an expert report submitted in support of her claims.

  • February 23, 2018

    ‘Strategy’ Defense Fails Atty Who Shirked Case: Texas Court

    A Texas appeals court has upheld a jury’s findings that an attorney violated state professional rules of ethics, noting that by his own admission he outright ignored discovery requests and was generally unresponsive in representing an auto accident client.

  • February 23, 2018

    Top Challenges Facing Amtrak In 2018

    Amtrak is facing growing pressure to improve its spotty performance, justify its national network of routes, and modernize its systems following a string of high-profile derailments and accidents and continuing threats to its budget.

  • February 23, 2018

    Judge Calls For Sanctions In WWE Concussion Suit

    A Connecticut federal judge on Thursday recommended partial sanctions against the lead attorney for two former wrestlers in the concussion suit against World Wrestling Entertainment Inc., calling for him to pay for legal fees associated with the sanctions motion and warning him that failure to follow another court order would result in his dismissal from the suit.

  • February 23, 2018

    La. Court Revives Suit Over Hospital Care During Katrina

    A Louisiana state appellate court has revived a woman’s suit against a New Orleans hospital over the way it allegedly failed to provide for her mother during Hurricane Katrina, ruling that the woman should be allowed more discovery time to find an expert to support her claims.

  • February 22, 2018

    Sam's Club Can't Escape $1M Verdict Over Woman's Injury

    Sam's Club again lost its challenge to a $1 million verdict for a customer left scarred and limping after injuring her leg at a New Jersey store, with a state appeals court saying Thursday that the business failed to show the award constitutes a miscarriage of justice.

  • February 22, 2018

    Va. Supreme Court Overturns Patient’s $652K Med Mal Verdict

    The Virginia Supreme Court on Thursday overturned a jury verdict which found a doctor liable for injuries suffered by a woman due to an alleged botched hysterectomy, saying the patient failed to present any evidence at trial that the doctor proximately caused her injury.

  • February 22, 2018

    Doc Asks Texas Justices To Review Med Board Subpoenas

    A Texas doctor who is facing an investigation into his care of three patients has asked the state Supreme Court to hear his constitutional challenge to billing record subpoenas issued by the state medical board.

  • February 22, 2018

    Jury Awards $53M To Brothers Injured In Truck Collision

    A California jury awarded nearly $53 million on Wednesday to a pair of brothers whose pickup truck was hit by the driver of a CRST Inc. commercial truck that crossed over the center line of a two-lane highway.

  • February 22, 2018

    Omni Urges 1st Circ. To Rehear Suit Over Hotel Lobby Assault

    Omni Hotels asked the First Circuit on Wednesday to reconsider the court’s decision to revive a man's suit accusing the company of negligence in an assault he suffered in a hotel lobby, saying circuit judges erred in accepting "inadmissible hearsay" and speculation about Omni’s standard of care.

  • February 22, 2018

    NJ Hotel Escapes Patron's Infection Suit At 3rd Circ.

    The Third Circuit on Wednesday affirmed a ruling for Windrift Hotel Resort in litigation brought by a woman whose leg was amputated after she contracted sepsis and a bacterial skin infection from raw clams, saying there wasn’t enough evidence that the Jersey Shore establishment was to blame for the allegedly defective food.

  • February 22, 2018

    Pa. Attys’ $38K Sanctions Halted For 3rd Circ. Appeal

    Three Pennsylvania attorneys sanctioned for lodging a groundless proposed class action against a surgery center were granted a reprieve from paying approximately $38,000 in penalties after a federal judge halted the case on Wednesday pending a Third Circuit appeal.

  • February 22, 2018

    CACI Still Faces Torture Claims By Abu Ghraib Prisoners

    Several former prisoners of Iraq’s notorious Abu Ghraib prison failed to plausibly support direct liability claims against a CACI International unit over its employees’ alleged torture and abuse of detainees, but a Virginia federal judge did back their conspiracy and aiding and abetting claims in ruling not to dismiss the suit.

  • February 22, 2018

    Texas Panel Says Expert Testimony Dooms Med Mal Claim

    Southwest Surgical Associates and one of its doctors escaped a malpractice suit brought by the family of a woman who died after treatment for a gangrenous left foot, with Texas' First Court of Appeals on Thursday holding that the expert's testimony meant to support the family's claims was insufficient.

  • February 22, 2018

    MSU Hit With New Suit Over Nassar Gymnast Abuse

    A former gymnast sued Michigan State University, its board of directors and USA Gymnastics in Michigan federal court Wednesday, joining others who allege that the school and its administrators failed to protect her and other gymnasts from years of sexual abuse by former orthopedic doctor Larry Nassar.

  • February 22, 2018

    Ga. Court Says Doc’s Murder Trial Needn’t Halt Civil Suit

    A Georgia appeals court ruled Wednesday that a criminal homicide case against a doctor is not reason enough to delay a parallel civil case that accuses the doctor of causing a woman's death by overprescribing medications.

  • February 22, 2018

    US Airways Owes Worker For Bus Injury, Pa. Court Says

    A Pennsylvania appeals court issued a published decision Thursday allowing a US Airways flight attendant to receive workers' compensation benefits after she slipped while on a shuttle bus transporting her between a Philadelphia International Airport terminal and a city-owned employee parking lot.

  • February 22, 2018

    NJ Trampoline Park Loses Bid To Arbitrate Injury Claims

    The New Jersey Appellate Division on Thursday denied a trampoline park's bid to force arbitration of claims that a boy was severely injured at the facility, finding that neither an agreement signed by his friend's mother nor a prior agreement signed by his mother were enforceable in the matter.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Weekly Column

    Acting For Trial Lawyers: The Power Of Vulnerability

    Michael DeBlis III

    Your willingness to let your guard down and render yourself “open” requires an enormous amount of courage. But the impact that vulnerability has on a jury cannot be underestimated, says actor and trial lawyer Michael DeBlis, discussing how tools of the stage can be used by lawyers in the courtroom.

  • 10 Insights Into The West Virginia Supreme Court Of Appeals

    Elbert Lin

    From its architectural grandeur to its relaxed approach to time limits during oral argument, West Virginia’s highest court has many unique features that make it a special place to practice, says Elbert Lin, co-chair of the issues and appeals practice at Hunton & Williams LLP and former solicitor general of West Virginia.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.