Personal Injury & Medical Malpractice

  • 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.

  • April 20, 2018

    Insurers' $132.5M Clawback Denial Upheld In Calif. Rail Crash

    Lloyd's of London and other insurers can’t claw back $132.5 million they spent settling claims after the deadly Chatsworth train accident, a California state appeals court has ruled, affirming a lower court’s decision that found an exclusion didn’t apply because the crash wasn’t a strictly “intentional act.”

  • April 20, 2018

    Rare Southwest Engine Failure Prompts Liability Questions

    The death of a Southwest Airlines passenger following a midair engine explosion marked the first U.S. commercial airline fatality in nine years, sparking liability questions for the carrier and aircraft and parts manufacturers along with heightened scrutiny of aircraft inspection and maintenance protocols, legal experts say.

  • April 20, 2018

    5 Charged In Alleged $31M Slip-And-Fall Fraud Scheme

    Federal authorities in New York City announced on Thursday the indictment of five people who allegedly attempted to rake in $31 million from an insurance fraud operation in which "victims" were recruited to fake slipping and falling, coached on how to feign injuries and even paid to undergo unnecessary surgeries.

  • April 20, 2018

    Dems Look To Shield Offshore Rules From Trump Rollback

    Eight years after the Deepwater Horizon disaster that killed 11 and sent plumes of oil spraying into the Gulf of Mexico for months, a group of Democratic senators Thursday proposed codifying two Obama-era rules aimed at tightening regulations for offshore drilling after the Trump administration moved to reconsider them.

  • April 19, 2018

    Gun Website Must Face Wis. Suit Over Mass Shooting Death

    A Wisconsin appeals court ruled Thursday that online gun marketplace Armslist LLC must face a suit over a woman's death in a 2012 mass shooting, saying the company was improperly granted immunity under a federal law shielding website operators that publish third-party content.

  • April 19, 2018

    NJ Panel Revives Claims Against Cos. In Turnpike Death Suit

    A New Jersey appeals court on Thursday revived claims in a wrongful death suit over a fatal accident during a New Jersey Turnpike resurfacing project amid a dispute over the role of an engineer at the time and whether negligence claims can be asserted against two contractors.

  • April 19, 2018

    'Inherent Risks' Caused Skier's Injury, Not Resort Negligence

    The Pennsylvania Superior Court on Thursday upheld the dismissal of a suit alleging a ski resort’s negligence caused a skier to break his leg after he fell over trenches created by a resort vehicle, finding the ruts it made in the terrain were simply an “inherent risk” of downhill skiing.

  • April 19, 2018

    Ariz. Court Resolves Firms' Row Over Med Mal Settlement

    An Arizona appeals court on Thursday awarded the bulk of a 33 percent contingency fee from a $500,000 medical malpractice settlement to the firm that originally took the case and spent two years developing it, saying the firm that brokered the deal was unjustly enriched by the original firm's work.

  • April 19, 2018

    Feds Fight For Cap On Paralyzed Native Alaskan's Award

    The federal government refused to concede the $3.25 million in noneconomic damages awarded to the family of a woman incapacitated by a stroke after she was treated at a federally run clinic for native Alaskans, urging the Ninth Circuit on Wednesday to apply the state’s $400,000 limit on such awards.

  • April 19, 2018

    Ex-Gymnast Sues In Texas, Michigan Over Nassar Abuse

    Attorneys and two of the former youth athletes they represent gathered Thursday in Houston to announce new lawsuits — one in state court in Houston and one in Michigan federal court — alleging the women were among those sexually assaulted by disgraced former USA Gymnastics doctor Larry Nassar.

  • April 19, 2018

    Atty Won't Face Malpractice Claims, Texas Court Affirms

    The First Court of Appeals of Texas determined Thursday that a trial court was right in tossing a legal malpractice lawsuit brought against a Houston attorney, holding the client hadn't presented any evidence to back up his claims of subpar representation.

  • April 19, 2018

    Fla. Motel Can’t Reduce Bond During Appeal Of $12M Verdict

    A Florida appeals court on Wednesday rejected a Hialeah motel’s appeal of an order denying its request to post a reduced bond while it fights a $12 million verdict against it for negligent security, ruling that because the motel had an applicable insurance policy, the bond could not be reduced.

  • April 19, 2018

    Suit Over Treadmill Injuries Is Revived Against NJ Gym

    Calling a New Jersey fitness center’s customer waiver form “one-sided” and “unconscionable,” a New Jersey appellate panel reversed a trial court’s dismissal of a suit filed by a woman who was seriously injured after she says a trainer instructed her to step onto a running treadmill.

  • April 19, 2018

    Pa. Judge Defends Axing Privilege For Divorce Records

    A Pennsylvania judge has defended her decision, which is currently on appeal, that documents relating to a woman’s divorce proceedings could be admitted in her suit over her husband’s death despite the woman’s claims of attorney-client privilege, saying the woman’s own actions put the documents in play.

  • April 18, 2018

    Hospital Says $47M Baby Injury Award 'Shocks Conscience'

    A Pennsylvania jury’s $47 million award last month to the parents of a baby badly disfigured after a doctor allegedly misdiagnosed a hemorrhage condition shortly after she was delivered “shocks the conscience” and should be reconsidered, attorneys for the doctor and hospital argued in a motion for a new trial filed Tuesday.

  • April 18, 2018

    Sport Governing Bodies Ignored Sexual Abuse: Olympians

    Former Olympians testified Wednesday on Capitol Hill about rampant sexual abuse within multiple sports, including gymnastics, telling lawmakers that organizations in charge ignored and dismissed reports of abuse.

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.