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Personal Injury & Medical Malpractice

  • October 30, 2018

    NJ Transit Not Immune From Retaliation Suit, 3rd Circ. Told

    A railroad foreman told the Third Circuit on Tuesday that NJ Transit cannot claim immunity to dodge his Federal Rail Safety Act suit alleging he was retaliated against for reporting an injury, saying the court's validation that NJ Transit has immunity would trigger “catastrophic ramifications” for workers and passengers.

  • October 30, 2018

    Hertz Must Face Some Claims In Suit Over Worker's Death

    A California federal judge has found that The Hertz Corporation could be held liable for its subcontractor’s failure to screen its employees for criminal histories, in a suit brought by relatives of a man murdered by his co-worker.

  • October 29, 2018

    BNSF Can't Get Retrial Over $1.3M Accident Verdict

    BNSF Railway Co. was unable to convince a Wyoming federal court Friday to grant a new trial after a former worker won $1.3 million when he was injured on the job.

  • October 29, 2018

    'Many Millions' Sought After Mandalay Bay Sign Pins Man

    The founder of a celebrity talent booking agency is seeking “many millions of dollars” for permanent brain, spine and knee injuries he allegedly suffered when a nearly 400-pound sign blew over in a gust of wind and fell on him outside the Mandalay Bay’s poolside concert venue, the man’s attorney told a Las Vegas jury during Monday opening statements.

  • October 29, 2018

    $242M Toyota Crash Verdict Cut To Meet Texas Damages Cap

    Toyota must pay $209 million to a family after two children suffered head trauma when the front seats in a Lexus collapsed on them in a collision, a Dallas judge has ruled in a decision that pared more than $30 million from a jury verdict to stay within a Texas cap on damages.

  • October 29, 2018

    Worker’s $1.6M Asbestos Award Erased By Split Calif. Court

    A split California appellate panel has tossed a $1.6 million award against a purported supplier of asbestos-containing pipes that caused a construction worker’s mesothelioma, saying the only evidence presented at trial that the company actually supplied the pipes was inadmissible hearsay.

  • October 29, 2018

    Ex-Coach Looks To Escape Gymnast's Abuse Class Action

    A former elite gymnastics coach has asked a Massachusetts federal court to dismiss claims he sexually molested a teenager he was training for the 1980 Olympics, arguing that the statute of limitations on the alleged acts has expired.

  • October 29, 2018

    Two Gymnasts Sue Sports Groups Over Nassar Sex Abuse

    Sisters Tasha Schwikert-Warren and Jordan Cobbs sued the U.S. Olympic Committee and USA Gymnastics on Monday, alleging that the organizations maintained a “culture of abuse” that made them and hundreds of other girls and young women easy targets for Larry Nassar, a sexual abuser and former sports doctor.

  • October 29, 2018

    Ex-USA Volleyball Coach Slams Cert. Bid In Cover-Up Suit

    Banned USA Volleyball coach Rick Butler has urged an Illinois federal judge to reject a bid for class certification by a woman who claims the sports club employing Butler covered up his previous sexual assault allegations, saying the proposed class would be unmanageable.

  • October 29, 2018

    10th Circ. Won't Redo 'Unprecedented' Heart Surgery FCA Call

    The Tenth Circuit on Monday declined to revisit its revival of a whistleblower’s False Claims Act suit alleging a doctor performed unnecessary heart procedures, rejecting Intermountain Healthcare Inc.’s argument that the court applied an “unprecedented” view of how much specificity FCA suits must contain.

  • October 29, 2018

    Gov't Pays $21M To End Native Hospital Malpractice Suit

    The federal government has paid $21.1 million to end a suit accusing a Native American hospital in Alaska of misdiagnosing a woman's medical condition, which ultimately resulted in the amputation of all four of her limbs.

  • October 26, 2018

    Oil Rig Worker Awarded $1M For Helicopter Crash Injuries

    A Louisiana federal court awarded some $1 million plus interest on Friday to an oil rig worker injured in a helicopter crash, saying his physical and mental injuries continue affecting him to this day.

  • October 26, 2018

    Axalta Coating Must Pay $473K To Severely Injured Contractor

    A Virginia federal jury on Thursday awarded $473,000 plus interest to a welder who alleged that he was permanently injured from a near-electrocution he suffered while performing contract work at Axalta Coating Systems, finding that the industrial coatings giant negligently set up the man’s equipment.

  • October 26, 2018

    La. Suit Reopened Over Death Of Patient Allegedly Left In Hall

    A Louisiana appeals court has reopened a medical-malpractice action against University Hospital in New Orleans, saying expert testimony may be unneeded to support claims that a patient died in part because he was left unattended and unmonitored.

  • October 26, 2018

    Doctor Must Face Own-Sperm Patient Insemination Suit

    An Idaho federal judge has allowed to move forward a suit accusing a doctor of using his own sperm to successfully perform an artificial insemination on a patient nearly 40 years ago, saying the patient plausibly asserted she is entitled to an exception to the statute of limitations.

  • October 26, 2018

    Ex-Napoli Bern Atty Seals $4M Win In Fee Fight With Firm

    A former Napoli Bern Ripka & Associates partner has won a California federal court's sign-off on a $4 million award he won in arbitration over referral fees he claimed the now-defunct plaintiffs firm owed him.

  • October 26, 2018

    Driver Challenges Fla. PIP Statute In Class Action

    A woman who was denied benefits under her personal injury protection policy with State Farm filed a putative class suit Friday challenging a Florida statute that allows an insurer to deny a claim if the person injured in a car crash does not receive medical treatment within 14 days of the accident.

  • October 26, 2018

    Med Mal Insurer Can't Get Hands On Atty-Client Documents

    The New Jersey state appeals court on Friday overturned a lower court’s order giving a medical malpractice insurer access to communications between counsel representing a doctor and a patient who sued the practitioner over unspecified injuries, ruling the documents are protected by attorney-client privilege.

  • October 26, 2018

    Venue's Lost Value After Shooting Is Covered, Court Says

    A California appeals court has ruled that Scottsdale Insurance Co. must pay a $923,000 judgment against a security contractor blamed for a 2007 fatal nightclub shooting that cost the club its permit, finding that the venue owner’s claim for lost value falls under Scottsdale’s policy.

  • October 26, 2018

    Driver Can Sue For Work Comp As 'Employee,' NJ Court Says

    A New Jersey state appeals court ruled Friday that a Newark driver suing an auto cab company over an ankle injury he sustained while picking up a customer could be considered an employee of the company for the purposes of his workers’ compensation claim.

Expert Analysis

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.