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Personal Injury & Medical Malpractice

  • November 19, 2018

    Former Chiquita Exec Looks To Exit Terror-Funding MDL

    A former executive at produce distributor Chiquita International Brands Inc. has urged a Florida federal court presiding over multidistrict litigation to toss tort claims that he was involved in a scheme to fund a Colombian terrorist group, asserting he had no knowledge of any such alleged payments.

  • November 16, 2018

    Med Mal Atty Must Face Suit Over Touting Win Online

    An attorney can't escape a suit accusing her of defaming a dentist after the Nevada Supreme Court held that a state free speech law does not shield an online statement highlighting a trial win, which allegedly implied the dentist was partly liable for a $3.4 million malpractice verdict.

  • November 16, 2018

    Mandalay Bay Should Pay $35M To Man Hit By Sign, Jury Told

    An attorney for a man allegedly injured when a nearly 400-pound sign fell on him outside the Mandalay Bay hotel told a Las Vegas jury Friday to "send them a message" and award roughly $35.1 million — arguments the resort's counsel objected to as highly prejudicial.

  • November 16, 2018

    Insurer Must Cover $1M Of Car Crash Awards, Court Affirms

    Mount Vernon Fire Insurance Co. must cover a $1 million share of $1.8 million in awards that a car crash victim won against its policyholder, a Connecticut appellate court affirmed Friday, rejecting the insurance company's argument that it has no obligation to pay under its umbrella policy because the insured had insufficient primary coverage.

  • November 16, 2018

    Ky. Supreme Court Strikes Down Med Mal Review Panels

    In a blow to Kentucky’s tort reform efforts, the state’s highest court has ruled that a 2017 state law requiring medical malpractice claims to be first reviewed by expert advisory panels is unconstitutional because it delays a citizen’s access to the courts.

  • November 16, 2018

    Pa. Court Rejects Bid For Occupational Illness Time-Bar Reset

    A Pennsylvania appeals court ruled on Friday that a landmark ruling greenlighting tort claims over occupational diseases with long latency periods, which would otherwise be resolved under the workers' compensation system, did not open a new window for lawsuits over years-old diagnoses and deaths.

  • November 16, 2018

    Texas Justices To Weigh Viability Of Negligent Hiring Claim

    The Texas Supreme Court granted review Friday to Endeavor Energy Resources in a dispute that asks the court to determine whether rules limiting a property owner's liability for contractors' injuries can extend to a negligent-hiring claim over a contract employee's death at a drill site.

  • November 16, 2018

    Texas Supreme Court Revives Patient's Suit Over Paralysis

    The Texas Supreme Court on Friday restored a patient’s malpractice claim against a Beaumont hospital, finding the former patient’s expert medical report supported her allegation that the hospital’s nurses contributed to her paralysis.

  • November 16, 2018

    Pirates, Stadium Share Blame In Foul-Ball Injury, Jurors Told

    A Pittsburgh woman struck in the head by a foul ball at PNC Park blamed the injury for derailing her promising career, but the attorney for the company that installed the safety netting pointed a finger at the Pirates, the stadium’s designers and the woman herself in the opening arguments of a state civil trial Friday.

  • November 16, 2018

    Chiquita Units Try To Duck Ecuador Farmers' Pesticide Claims

    A group of Chiquita Brands International Inc. affiliates asked a Delaware federal judge Friday to free them from a portion of litigation alleging they and others exposed Central and South American banana farmers to harmful pesticides, arguing the Ecuadorian farmers in the suit had not laid out specific claims against the brand.

  • November 15, 2018

    Dartmouth Ignored 'Predator' Profs, $70M Suit Claims

    Seven women hit Dartmouth College Trustees with a putative $70 million Title IX class action in New Hampshire federal court Thursday, claiming the Ivy League school let a "Predators' Club" of male professors in the psychology department sexually harass and assault female students.

  • November 15, 2018

    Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

    An insurer may be held liable under New Jersey’s Consumer Fraud Act in a suit alleging a company agent fraudulently induced a woman into releasing one of its other customers from liability over a car crash, the Third Circuit said Thursday in a precedential opinion reviving her class action CFA claim.

  • November 15, 2018

    Doctor's Trial Win Affirmed In Suit Over Gauze Left In Neck

    An Illinois appeals court affirmed a jury’s decision to clear a doctor of malpractice in a suit accusing him of leaving gauze in a patient’s neck wound after a procedure, causing nerve damage, saying the verdict was supported by the evidence.

  • November 15, 2018

    Agency Deference May Be At Risk In High Court Railroad Row

    A pending U.S. Supreme Court decision on whether compensation for an injured railroad worker’s lost wages should be taxed could jeopardize the deference that courts have afforded government agencies in interpreting legislation for nearly 35 years.

  • November 15, 2018

    Pork Co. Seeks New Trial After $94M Nuisance Suit Judgment

    Smithfield Foods Inc.'s subsidiary Murphy-Brown LLC asked a North Carolina federal court Wednesday for a new trial after a $94 million judgment was handed down in a case over feces and urine at its hog farms, arguing the jury trial included several significant errors that called its result into question.

  • November 15, 2018

    Strip Club Gets $8M Injury Award Nixed On Appeal

    An Arizona appellate panel on Thursday tossed a jury’s $7.9 million award in a suit accusing a strip club of overserving alcohol to a patron who later caused a man’s severe injuries in an auto collision, saying the trial judge failed to give the jury proper instructions.

  • November 15, 2018

    5th Circ. Orders New Trial For Worker Fired After Injury

    The Fifth Circuit on Wednesday ordered that Hunter Buildings & Manufacturing LP face a new trial over a former employee’s claim that he was fired for seeking workers’ compensation after being hurt in a scaffold collapse, saying a lower court didn’t properly explain its ruling in the employer’s favor.

  • November 15, 2018

    Insys Sales VP To Plead Guilty In Opioid Kickback Case

    A major player in an alleged conspiracy to bribe doctors to prescribe fentanyl-based drugs from the company Insys Therapeutics is prepared to plead guilty, prosecutors said Wednesday in a filing in Boston federal court.

  • November 14, 2018

    Ex-NFLer Can't Use Judge To Nix Concussion Award Rejection

    The Pennsylvania federal judge overseeing the NFL concussion settlement rejected an appeal to reverse a decision that overturned an award for a player who had been diagnosed with neurocognitive impairment, saying the objection must be sent to the claims administrator.

  • November 14, 2018

    Insurer Must Pay $11.6M Plane Crash Judgment, Judge Says

    A Kansas judge has ruled that the liability insurer for a pilot killed in a 2013 plane crash must cover an $11.6 million judgment entered against the pilot’s estate in a wrongful death lawsuit, finding that the insurer’s failure to promptly offer its $100,000 policy limit to settle the claim led to the massive award.

Expert Analysis

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • The Uncertain Future Of Summary Judgment In California

    Scott Dixler

    While the California Supreme Court has held that summary judgment is no longer a disfavored remedy, two recent California Court of Appeal decisions demonstrate a continuing ambivalence concerning a trial court’s discretion to grant summary judgment, say attorneys with Horvitz & Levy LLP.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Oregon Med Mal Ruling May Affect Construction Cases

    Adele Ridenour

    In Ransom v. Radiology Specialists, the Oregon Supreme Court recently held that experts can be compelled to answer questions relevant to their direct involvement in a case. That means that in construction defect cases, contractors, architects and engineers can be asked for their present interpretation of plans or specifications, says Adele Ridenour of Ball Janik LLP.