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Personal Injury & Medical Malpractice

  • November 9, 2018

    Fla. Court Says Doctor Must Face Patient Privacy Suit

    A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.

  • November 9, 2018

    Insurer Must Defend Shooter's Estate, Pa. Justices Told

    A man who was injured in a scuffle as he walked in on a murder-suicide is urging Pennsylvania's highest court to uphold a decision finding that Erie Insurance Exchange was responsible for the cost of defending the gunman's estate in a lawsuit over the incident.

  • November 9, 2018

    Drone Crash Injury At Wedding Not Covered, Insurer Says

    An insurance company has asked a California federal court to grant a quick win in its suit against a policy-holding photography company because exclusions in the coverage mean it doesn't have to pay for a drone incident at a wedding shoot during which a guest lost an eye.

  • November 9, 2018

    Atlanta Transit Rider Awarded $18.8M For Brain-Damaging Fall

    A Georgia jury on Thursday found that Atlanta's transit system's negligence was responsible for a fall by a disabled passenger who was getting off a bus that left her in a permanent vegetative state, and awarded the rider $18.75 million.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    As Pirates Settle, Net Installer Last Defendant In Foul-Ball Suit

    The Pittsburgh Pirates reached a settlement with a woman injured by a foul ball at PNC Park in 2015, attorneys said Friday, but a jury trial under a new judge in state court scheduled to get underway Wednesday will determine the liability of the company that installed the allegedly defective safety netting behind home plate.

  • November 8, 2018

    4th Circ. Urged To Nix $7.1M Award Over Baby's Brain Injury

    The federal government asked the Fourth Circuit on Thursday to toss a West Virginia federal judge's $7.1 million award in a suit accusing a federally employed doctor of botching a newborn’s treatment that caused brain damage, saying the award should have been reduced because of a previous settlement.

  • November 8, 2018

    Mo. Duck Boat Captain Indicted After Sinking Killed 17

    The captain of an amphibious “duck boat” that sank in a Missouri lake in July, killing 17 people, was charged in federal court on Thursday after prosecutors said he failed to take necessary safety precautions or warn the passengers to put on their life jackets.

  • November 8, 2018

    Hospital Not Liable For Nonemployee Doc's Kidney Surgery

    An Illinois appeals court on Wednesday tossed claims filed against a hospital in a suit accusing a doctor of failing to timely remove a woman’s kidney stone that caused serious injuries, saying because the doctor is an independent contractor the hospital can’t be held liable.

  • November 8, 2018

    Net Installer Wants Judge Off Pa. Foul Ball Injury Suit

    The company that installed safety netting at the Pittsburgh Pirates’ PNC Park wants a new state court judge for the upcoming case of a woman injured by a foul ball behind home plate, alleging improper communication between the current judge and one of the woman’s attorneys.

  • November 8, 2018

    Insurer Says County, Racetrack Not Covered In Crash Suit

    Evanston Insurance Co. on Wednesday asked a California federal court to rule that it has no further obligation to defend or indemnify Monterey County or the operator of a Salinas-based racetrack in a lawsuit over a motorcycle accident at the track, saying the claims are outside the scope of its policy.

  • November 8, 2018

    Former Dolphins Doctor Cleared In Ex-Player's Med Mal Trial

    A Florida jury has cleared a former Miami Dolphins team doctor in a suit brought by ex-player Otis “O.J.” McDuffie accusing him of negligence in failing to properly treat a toe injury that McDuffie says derailed his career.

  • November 7, 2018

    Fla. High Court Doubts Public Hospital's Right To Lien Powers

    One of Florida's largest public health systems urged the state's highest court Wednesday to reverse two lower courts' rulings striking down a law authorizing it to establish liens to recover medical services costs, but the court appeared skeptical of the hospital's argument that its patient contracts are public contracts, making the liens legal.

  • November 7, 2018

    Texas Court Mostly Affirms $4M Award After Med Mal Trial

    A reduced $4 million award in a medical malpractice suit was largely upheld after a Texas appeals court ruled Wednesday that a prior settlement offsets the award before the state’s cap on pain and suffering damages is applied.

  • November 7, 2018

    Tenn. Jury Finds For Workers In Coal Ash Exposure Trial

    A Tennessee federal jury on Wednesday sided with a group of workers and their families that alleged Jacobs Engineering Group Inc.'s work cleaning up a 2008 fly ash spill didn't adhere to health requirements, potentially causing a range of injuries including lung cancer.

  • November 7, 2018

    Ex-Steward Can't Toss Arbitration Award From Cruise Line

    A Florida federal magistrate judge Tuesday recommended confirmation of an arbitration award in a case by a former Norwegian Cruise Lines steward who said the company refused to pay for spinal surgery allegedly related to an incident aboard ship, saying the court must give considerable leeway to the arbitrator.

  • November 7, 2018

    Ex-BNSF Conductor Wins $2M In Injury Retaliation Trial

    A Montana federal jury has found that BNSF Railway Co. violated a federal railway safety law and fired a conductor for reporting an on-the-job injury, awarding the man more than $2 million in compensatory and punitive damages.

  • November 7, 2018

    La. Court Revives Suit Over Attys’ Courthouse Altercation

    A Louisiana appellate court Wednesday revived a suit by a lawyer convicted of assaulting a district attorney, which alleges that the convicted attorney was not the one who started the altercation and was in fact the person who was injured. 

  • November 7, 2018

    Ohio Ruling May Open Floodgates For Decades-Old CTE Suits

    Former football players suffering from long-term brain injuries discovered years after their playing days cleared a major hurdle to pursuing claims against professional leagues and universities last week when the Ohio Supreme Court allowed a CTE lawsuit from a deceased Notre Dame student to move forward.

  • November 7, 2018

    Insurer Wants Coverage For Parking Lot Shooting Suit Axed

    Great Lakes Insurance SE is asking a federal judge to free it from having to defend a policyholder facing claims from a man who says that negligent security measures outside of a Philadelphia bar led to his being shot in April 2016.

Expert Analysis

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.

  • Looking Forward To Oral Argument In BNSF V. Loos

    Christopher Collier

    In the coming term, the U.S. Supreme Court will hear oral argument in BNSF Railway v. Michael Loos and decide whether a railroad employer is required to withhold employment tax from work-related personal injury awards. The ruling will affect thousands of claims made by railway workers each year, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • 10th Circ. Ruling Is A Win For Tribal Jurisdiction

    Steven Gordon

    Last week, the Tenth Circuit rebalanced the relative bargaining power between tribes and states when it ruled in Navajo Nation v. Dalley that the Indian Gaming Regulatory Act does not permit a state to require that personal injury suits against tribal casinos be litigated in state courts, say Steven Gordon and Philip Baker-Shenk of Holland & Knight LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.