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Personal Injury & Medical Malpractice

  • June 20, 2018

    Fla. Nursing Home's Suspension For Irma Failures Affirmed

    A Florida appellate panel ruled Wednesday that a license suspension for a nursing home where 12 patients died last year in the aftermath of Hurricane Irma was proper, saying the emergency suspension imposed by state health officials was supported by detailed allegations of an immediate and serious danger to patients.

  • June 20, 2018

    Okla. Justices Affirm $10.7M BNSF Train Accident Award

    The Oklahoma Supreme Court has upheld a jury's award of $10.7 million in a suit accusing BNSF Railway Co. of failing to maintain adequate warning devices at a railroad crossing that purportedly contributed to a fatal train-vehicle collision, saying competent evidence supported the jury's decision.

  • June 20, 2018

    Fla. Appeals Court Gives Bechtel Win In Asbestos Dispute

    A Florida appeals court ruled Wednesday that a trial court should have entered judgment in favor of Bechtel Corp. in a dispute with a former worker who won a $21 million jury verdict against the company and Florida Power & Light Co. over asbestos exposure.

  • June 20, 2018

    No-Cause Payout Subject To Workers' Comp Lien, Court Says

    A New Jersey appeals court on Wednesday said a police officer receiving the low amount in a high-low agreement with parties he sued for malpractice after being injured in a work-related accident owes some of that money toward a workers' compensation lien, despite an arbitrator finding no cause in his case.

  • June 20, 2018

    Texas Justices Won't Let Walmart Ax $1.4M Injury Verdict

    A Texas appellate court has rejected Wal-Mart Stores Texas LLC's request to toss a $1.39 million verdict awarded to a woman who was injured in a store when a box fell on her head, holding that the retail giant had not shown that the verdict and amount of the damages award were reached in error.

  • June 20, 2018

    Bard Can't Get New Trial After $3.6M Vein Filter Verdict

    Medical device maker C.R. Bard is stuck with a $3.6 million jury verdict awarded in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, after an Arizona federal court denied Bard’s requests for a new trial or judgment as a matter of law.

  • June 20, 2018

    Pa. High Court Rules Insurer Can't Get Maimed Worker's Cash

    The Pennsylvania Supreme Court has ruled that the state's workers' compensation law doesn't entitle a butcher or its insurer to recover the cost of providing ongoing medical care from an employee's injury settlement.

  • June 20, 2018

    NJ County Loses Fee Bid In Fatal Construction Accident Row

    A New Jersey state appellate court ruled Wednesday that Middlesex County couldn’t require a construction company and an engineering consultant to cover its legal expenses in a suit brought by the family of a worker who died after an accident at a bridge construction site.

  • June 20, 2018

    ConEd Wins Appeal Over Electrocution During Sandy

    A woman who was electrocuted by downed power lines during Superstorm Sandy and whose family sued Consolidated Edison of New York Inc. for negligence in not taking precautions they argue could have saved her life was killed by her own recklessness and therefore has no case, a New York state appellate court has ruled.

  • June 20, 2018

    Robins Kaplan Helps Transgender Inmate Receive Treatment

    A Missouri federal judge recently struck down as unconstitutional the state prison system's "freeze-frame" policy of denying hormone treatment and other health care to certain transgender inmates, a first-of-its-kind ruling that Robins Kaplan LLP attorneys helped obtain despite prison officials' insistence that no such formal policy was in place.

  • June 20, 2018

    K. Hov Unit Not Liable For Worker Death, Texas Court Says

    A Dallas appeals court has backed a ruling that a K. Hovnanian unit couldn't be held responsible for a worker's death, saying the lower court rightfully concluded the building contractor did not have direct control over the worker's activities and thus didn't have a duty to ensure his safety.

  • June 19, 2018

    Former Aegerion Execs Say FDA Approval Negates FCA Case

    Former executives at Aegerion Pharmaceuticals Inc. argued Tuesday that a False Claims Act case against them ignores a federal regulatory program that gave marketers and doctors explicit permission to recommend an expensive cholesterol drug to people who did not have the rare genetic disorder it was created for.

  • June 19, 2018

    Reggie Bush Injury Award Likely To Spur Pro-Athlete PI Suits

    Former NFL running back Reggie Bush's $12.5 million award for a knee injury suffered at the Los Angeles Rams' former stadium in St. Louis could embolden players to bring more personal injury suits against teams, a tide the league will attempt to stem in the upcoming round of labor negotiations.

  • June 19, 2018

    NBA Player Sterling Brown Sues Milwaukee Over Taser Arrest

    Milwaukee police’s use of a taser to arrest NBA player Sterling Brown for a parking violation in January was an excessive use of force and he was targeted because he is black, the Milwaukee Bucks guard said in a suit filed Tuesday in Wisconsin federal court.

  • June 19, 2018

    Doctor Can't Shake Convictions In Motorcycle Gang Drug Ring

    The Third Circuit on Tuesday refused to overturn a former Philadelphia doctor's convictions on charges of causing a patient's death and taking part in a drug trafficking conspiracy with members of a motorcycle gang in which he wrote bogus prescriptions in exchange for cash and sexual favors.

  • June 19, 2018

    SC Judge Grudgingly Tosses Church Shooting Victims' Suits

    Despite slamming the federal background check system for "glaring weaknesses," a South Carolina federal judge has dismissed 16 lawsuits filed by surviving victims and the estates of those who died when Dylann Roof entered a Charleston church in 2015 and opened fire on a bible study group, killing nine.

  • June 19, 2018

    Texas Doc Accused Of $240M Fraud Says Charges Too Old

    A doctor accused of running a $240 million health care fraud has urged a Texas federal court to throw out charges that he prescribed unnecessary treatments, saying that many of the charges are too old and that the U.S. government deliberately delayed action to prejudice the jury against him.

  • June 19, 2018

    Mo. Hospital Must Face Suit Over Deaths Of 5 Patients

    The families of five patients who were allegedly killed by a hospital employee’s intentionally lethal injections can pursue a suit against the hospital after a Missouri appeals court ruled Tuesday that their fraud claims were wrongly tossed as duplicative of those in a previously dismissed wrongful death suit.

  • June 19, 2018

    Pa. Justices OK Suit Over Worker's Past Drug Theft

    Pennsylvania's highest court on Tuesday cleared the way for patients of a Kansas hospital to pursue negligence claims against the University of Pittsburgh Medical Center after they allegedly contracted hepatitis from an employee in the Sunflower State who UPMC had caught stealing fentanyl syringes years before but whose conduct went unreported to federal authorities.

  • June 19, 2018

    Merck Implant Suit Barred By Wrongful Birth Law: 1st Circ.

    After a Maine woman’s birth control implantation went awry and turned her into a mother, the First Circuit ruled Monday she cannot sue implant maker Merck or her U.S.-funded doctors, saying she failed to pursue what could have been a worthwhile argument to apply the most exigent level of review to the Maine law blocking her path.

Expert Analysis

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • How Courts Apply Contact-Sports Exception To Nonplayers

    Amy Crouch

    Established case law holds that a sports participant has no claim against another participant for injuries sustained during play, unless the co-participant intentionally or recklessly injured the other. In the context of concussion-based litigation, courts have grappled with how to apply that standard to entities far removed from the field of play, say Amy Crouch and Kerensa Cassis of Shook Hardy & Bacon LLP.