Personal Injury & Medical Malpractice

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    NY Court Says Special Needs Patient's Injury Claims Barred

    In a case of first impression, a New York appellate court has ruled that a special needs teen allegedly injured by a hospital can't pursue certain claims, saying a state social services law protecting special needs patients doesn't allow for private lawsuits.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    Ill. Cab Biz Isn't Covered In Fatal Carjacking Suit, Insurer Says 

    A Pennsylvania insurer told an Illinois federal court Wednesday that it has no duty to defend a cab company in a suit by victims of a fatal crash involving a stolen taxi, saying its policy doesn't cover anything stemming from the violent carjacking that led to the accident.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 24, 2020

    Union Pacific Must Face Suit Over Train Crossing Collision

    A Missouri appellate court on Tuesday revived a suit seeking to hold Union Pacific Railroad Co. liable for a train-car collision that caused a woman's permanent injuries, saying a factual dispute exists as to whether the train sounded its horn at a proper decibel level before approaching the crossing.

  • November 24, 2020

    NY Justices Say Insurer Can Escape Some Injury Award Costs

    New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

  • November 24, 2020

    Jury Awards $3.5M In Iowa Artificial Hip Trial

    An Iowa federal jury has awarded $3.5 million over a hip implant patient's claims that her Biomet M2a Magnum metal hip shedded microscopic particles and caused her to need revision surgery.

  • November 24, 2020

    Samsung Says Expert Ruined Batteries In Vape Explosion Suit

    A Samsung unit asked a Tennessee federal judge Tuesday to sanction a man who sued the company over an exploding battery, claiming his expert sawed open batteries that were going to be used in discovery before they could be safely tested.

  • November 24, 2020

    Amazon Workers Turn To 2nd Circ. In COVID-19 Safety Suit

    Workers at Amazon's Staten Island warehouse are taking their suit, which seeks to make the e-commerce giant increase COVID-19 protections, to the Second Circuit with their appeal of an order tossing the case, according to a Tuesday filing.

  • November 24, 2020

    11th Circ. Affirms Doctor's Prescription Kickback Conviction

    A Georgia doctor was not harmed by a trial court's erroneous jury instruction over his involvement in a prescription kickback scheme that defrauded the federal government's Tricare military health insurance program, the Eleventh Circuit said in a published opinion Tuesday, affirming his convictions.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Biomet To Pay $21M In Hip Implant Defect Suit Verdict

    Biomet Inc. was hit with a $21 million judgment following a Missouri federal trial over whether its hip implants were defective and caused injuries to a woman who had her hips replaced in 2008, according to an order making the amount public on Tuesday.

  • November 24, 2020

    NHL Blocks Father's Suit Over Son's Brain Trauma Death

    An Illinois federal judge on Tuesday tossed out a father's lawsuit alleging the NHL's promotion of fights led to his son's eventual death, saying the Labor Management Relations Act preempts most of his claims and the remaining two should be litigated in state court.

  • November 24, 2020

    Baylor Prez Avoids Deposition In Campus Sex Assault Suit

    Baylor University's president won't have to sit for a deposition in a lawsuit over an alleged sexual assault on campus, a Texas appellate court ruled Tuesday, determining the plaintiff failed to demonstrate the president had any "unique or superior knowledge of discoverable information."

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    Texas Hospital Keeps Win In Patient Nerve Damage Suit

    A Texas appellate court has affirmed the dismissal of a suit seeking to hold a Baylor Scott & White hospital liable for a patient's nerve damage suffered due to alleged malpractice, rejecting the patient's argument that the treatment shouldn't be considered emergency medical care subject to a higher evidentiary standard.

  • November 23, 2020

    Insurer Eyes Early Win Over 'My 600-lb. Life' Policy Row

    Philadelphia Indemnity Insurance Co. has urged a Texas federal judge to grant it an early win in its suit against the producers of TV's "My 600-lb. Life" over coverage of lawsuits arising from the show's treatment of its subjects, saying the policies exclude coverage for claims stemming from reality shows.

  • November 23, 2020

    Shipbuilder Says Kinder Morgan Owes Asbestos Coverage

    Shipbuilding giant Huntington Ingalls Inc. has demanded Kinder Morgan provide insurance coverage for millions of dollars worth of asbestos-injury claims, telling a Virginia federal court that the energy company inherited the risk by buying Huntington's former parent company.

  • November 23, 2020

    Md. Court Reinstates $2.6M Award In Cancer Death Suit

    A Maryland appeals court on Monday reinstated a $2.6 million jury verdict in a suit accusing a radiologist of failing to timely diagnose a woman's breast cancer that caused her death, saying the trial judge's decision to toss the verdict was erroneous.

  • November 23, 2020

    Ill. Builders To Pay $370K In Toxic Dust Cloud Suit

    An Illinois developer and two contractors will pay $370,000 to settle the state's claims that they blanketed a low-income neighborhood with toxic dust after a botched smokestack demolition, which came amid a high point of the coronavirus outbreak.

  • November 20, 2020

    Weinstein Wants Depo Halted Over Poor Health, Criminal Case

    Disgraced Hollywood producer and convicted rapist Harvey Weinstein has urged a New York federal judge to stay his deposition in civil litigation against him, citing his poor health and pending extradition to Los Angeles to face criminal charges on similar claims of sexual assault.

  • November 20, 2020

    Texas Ex-Atty Loses Fee Fight Over $4.7M Sex Assault Award

    A former Texas attorney on Thursday lost a three-year contingency fee battle stemming from a $4.7 million sexual assault judgment, with a state appeals court ruling that she is not entitled to independently collect fees from her client's judgment.

  • November 20, 2020

    Women Suing Baylor Say 'Enough Is Enough' In Docs Fight

    A group of women suing Baylor University over its response to sexual assault reports has shot back against the school's claims that their bid for sanctions was "draconian," urging "severe and immediate" consequences for the school for allegedly stonewalling document requests.

  • November 20, 2020

    How Seattle's Federal Court Has Pioneered Zoom Jury Trials

    It was something lawyers predicted at the start of the pandemic would never happen: a civil jury trial conducted over the internet. But Seattle’s federal court has proven it can work — not just once but three times. U.S. District Judge Marsha Pechman, who presided over two of these trials, told Law360 how the now well-oiled machine was built.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • What Amazon's Workplace Safety Win Means For Employers

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    While a New York federal court recently dismissed Amazon employees' lawsuit alleging COVID-19-related workplace safety inadequacies, employers should not relax — there are a number of steps they can and should take to protect their workers and reputations during the pandemic, say attorneys at Greenwald Doherty.

  • Tesla Ruling Leaves Self-Driving Liability Questions Open

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    A California federal court recently dismissed Umeda v. Tesla, saying that the wrongful death suit involving a driver-assist system should have been filed where the crash occurred, but the underlying liability questions the case raised remain to be resolved, say Matthew Berkowitz and Brian O'Shea at Carr Maloney.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • Justices May Clarify Personal Jurisdiction Online In Ford Suits

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    At the U.S. Supreme Court's oral argument in Ford Motor Co. v. Montana Eighth Judicial District Court, the justices suggested that the court will soon clarify how the internet affects personal jurisdiction, say attorneys at McGuireWoods.

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