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Personal Injury & Medical Malpractice

  • December 13, 2018

    Drunk Man's Fall Not Cruise Line's Fault, 11th Circ. Says

    The Eleventh Circuit affirmed a Florida district court’s decision Thursday dismissing a negligence suit brought against Norwegian Cruise Lines by an injured passenger who drank too much and proceeded to wander into a crew-only area, where he fell down an escape hatch and injured himself.

  • December 13, 2018

    Let Jury Hear Passenger Used Medication: Royal Caribbean

    Royal Caribbean Cruises Ltd. urged a Florida federal judge Wednesday to allow jurors in a wrongful death trial to hear evidence that a 22-year-old passenger who fell from one of its cruise ships — an incident his family insists was not a suicide — used the antidepressant Pristiq in the days before the trip.

  • December 13, 2018

    Insys Slams BCBS Privilege Claim In $19M Fentanyl Suit

    Fentanyl maker Insys Therapeutics Inc. has filed a blistering request in Arizona federal court to wrest documents from Blue Cross Blue Shield over the insurer's allegations that Insys conjured up $19 million worth of bogus prescriptions for the powerful opiate, calling the insurer's attorney-client privilege claims a fiction.

  • December 13, 2018

    Oil Platform Co. Asks 5th Circ. To Toss $3.2M Injury Verdict

    ENI US Operating Co. has urged the Fifth Circuit to toss a jury’s verdict awarding $3.2 million to an offshore drilling technician who was injured when he fell from a crane, arguing the jury should have heard evidence about the man’s prescription drug use before the accident.

  • December 13, 2018

    Engineering Co. Worker's $3.3M Injury Award Cut To $600K

    A Florida federal judge cut down a $3.3 million award by a jury to a woman whose hands were mangled by an R.T. Engineering Corp. wire bundling machine, downgrading it to  $608,744.

  • December 13, 2018

    5 Of 6 NECC Defendants Guilty In Latest Trial

    A jury found five of six former New England Compounding Center employees guilty Thursday after a week of deliberations in Boston federal court in the third criminal trial related to the Framingham, Massachusetts, facility, whose contaminated steroids killed 64 and infected almost 800 others in a nationwide meningitis outbreak in 2012.  

  • December 13, 2018

    'Boilerplate' Defense Lets Bus Driver Assault Suit Go On

    A “boilerplate” defense by the Massachusetts Bay Transportation Authority in a suit involving a bus driver who allegedly attacked a passenger lacked the specificity necessary to kill a negligence claim against the state agency, the Bay State’s top appellate court ruled Wednesday.

  • December 12, 2018

    Hotel Hit With $50M Suit Over Teen's Walk-In Freezer Death

    The mother of a 19-year-old woman who died last year after accidentally locking herself in a Chicago hotel’s walk-in freezer has sued the hotel, its security staff and a restaurant in Illinois state court, claiming that her daughter’s death could have been easily avoided if not for their gross negligence.

  • December 12, 2018

    Flawed Verdict Form Triggers New Trial Against Calif. Hospital

    A California appeals court said Tuesday that a “hopelessly” unclear verdict form invalidates a $1.75 million medical malpractice verdict against a hospital whose treatment of a patient with temporarily impaired swallowing power allegedly led to her death.

  • December 12, 2018

    Bad Jury Instructions Nix Defense Verdict In Patient Death Suit

    A New York appellate panel on Wednesday vacated a jury’s decision to clear an anesthesiologist of causing a patient’s death by failing to clear a blocked breathing tube in a timely manner, saying the jury was given improper instructions regarding the “emergency doctrine.”

  • December 12, 2018

    USOC Says Time, Safe Sport Act Bar Ex-Gymnast's Abuse Suit

    The United States Olympic Committee told a Massachusetts federal court on Wednesday that it can't be held accountable for a former coach's alleged abuse of a onetime world champion gymnast, arguing she has misinterpreted the Safe Sport Act and that her remaining claims are time-barred.

  • December 12, 2018

    Fatal Crash Of Thrice-Lent Car Not Insured, 10th Circ. Says

    The Tenth Circuit on Wednesday affirmed a trial court’s ruling that a man’s State Farm liability coverage doesn’t apply to wrongful death claims arising from a fatal one-car crash that occurred when the man’s estranged wife’s boyfriend allowed an intoxicated woman to drive the man’s Porsche.

  • December 12, 2018

    Feds Agree To Pay $1M Over Blood Pressure Med Death

    The federal government agreed to pay $1 million to settle a suit brought by the administrator of the estate of an Illinois woman who died after being allegedly improperly prescribed high blood pressure medication, according to a stipulation of dismissal filed Wednesday.

  • December 11, 2018

    Judge Passionately Defends Juries In Denying Instant Wins

    A Massachusetts federal judge unleashed a Seventh Amendment polemic Tuesday against five separate motions for summary judgment in a complicated suit over a grave injury to a farmworker, saying that to bar a jury from deciding whether to put a private equity firm on the hook for damages would evince "an unabashed retreat from the magnificent vision of the founders."

  • December 11, 2018

    State Farm Must Defend Accused Cyberbully In Suicide Suit

    State Farm must defend a teenage boy against a lawsuit accusing him of cyberbullying one of his classmates and pushing her to commit suicide, a Pennsylvania federal judge on Tuesday ordered, saying a home insurance policy held by the boy's mother covers the lawsuit.

  • December 11, 2018

    Cape-Wearing Chicago Atty Offers No Excuse For Client Theft

    A former Chicago personal injury lawyer known for dressing up in a cape and mask for a superhero persona known as "ExcuseMan" pled guilty Monday in a Chicago court to stealing his clients' settlements.

  • December 11, 2018

    Feds Settle Suit Claiming VA's Medication Error Killed Patient

    The federal government has agreed to pay $800,000 to resolve a suit accusing Veterans Affairs medical staff of giving a cancer patient the wrong medication, causing lung toxicity and ultimately killing him, according to documents filed Tuesday in South Carolina federal court.

  • December 11, 2018

    Insurer Says It Doesn't Owe USC Coverage In Abuse Suits

    United Educators Insurance has sued the University of Southern California in New York state court in a bid for a declaration that the insurer doesn't have to cover a $215 million class action settlement and multiple other lawsuits pending against the university over a former school gynecologist's sex abuse scandal.

  • December 11, 2018

    Justices Asked To Review Due Process In Faulty Helmet Suit

    A former bicyclist alleging he is now quadriplegic because of a defective Bell Sports USA bike helmet has asked the U.S. Supreme Court to review his case, saying the trial court violated his due process rights by scheduling the trial without consulting his attorney.

  • December 11, 2018

    Drone Injury At Wedding Not Covered, Judge Rules

    A California federal judge has ruled that Philadelphia Indemnity Insurance Co. doesn’t have to defend or indemnify a photography company in a lawsuit alleging that its drone blinded a wedding guest in one eye, finding that drone-related injuries fall under policy exclusions for claims stemming from the use of aircraft.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    USA Gymnastics Should Dissolve Itself In Bankruptcy

    Ronald Katz

    USA Gymnastics, facing over 100 lawsuits as a result of the Larry Nassar sex molestation crimes, recently filed for bankruptcy to ensure its survival. However, rather than being preserved, the organization should be replaced by a government agency that can assume financial and moral responsibility, says Ronald Katz of GCA Law Partners LLP.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.