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Personal Injury & Medical Malpractice

  • August 15, 2018

    Tenn. Atty Suspended For Accusing Appellate Judges Of Bias

    The Tennessee Supreme Court has suspended a Memphis attorney for six months after finding that he accused three state appellate court judges who ruled against him of bias and ignoring the law, without any basis for his claims.

  • August 15, 2018

    Ford Should Escape Punitives In Asbestos Suit, Judge Says

    Ford should not face punitive damages in a longtime car and aircraft mechanic’s asbestos injury suit, a Delaware federal magistrate judge recommended Wednesday, saying the mechanic hasn’t presented plausible evidence that Ford acted egregiously in including asbestos in components.

  • August 15, 2018

    Johns Hopkins Ducks Suit Over Misdiagnosis Of Rare Disease

    A Maryland appellate panel has affirmed the midtrial dismissal of a suit accusing a Johns Hopkins Hospital doctor of misdiagnosing a woman with probable lung cancer instead of a rare disease she had strongly suspected she had contracted, ending a dispute over when the three-year limitations period began running.

  • August 15, 2018

    3rd Circ. Won't Boost Man's $500 Award Over Conrail Spill

    The Third Circuit on Wednesday shot down a higher damages bid by a man who alleged he was exposed to a dangerous chemical from a Conrail freight train derailment, ruling that a lower court properly found that his expert witness didn’t proffer reliable evidence that his cancer risk increased.

  • August 15, 2018

    9th Circ. Seeks Wash. Justices' Help In Ferry Liability Row

    The Ninth Circuit on Tuesday asked the Washington State Supreme Court for help determining whether the Port of Bellingham or its lessee, a ferry operator, is liable for a worker’s injury on the leased property that resulted in a jury awarding $16 million to the worker.

  • August 15, 2018

    Pa. Justice Rejects Recusal Bid In Bus Injury Appeals

    Declaring that no jurist’s mind is a blank slate, a Pennsylvania Supreme Court justice on Wednesday declined to recuse himself from a sovereign immunity challenge despite criticizing a decision upholding a personal injury damages cap for a school bus accident before he joined the court.

  • August 15, 2018

    Penn National Must Cover Defense In Construction Death Suit

    A Pennsylvania federal judge on Wednesday granted Liberty Mutual’s bid to force another insurer, Penn National, to defend a Pittsburgh masonry company in a suit over a construction worker’s death, citing Penn National’s coverage of a construction subcontractor hired by the masonry company.

  • August 14, 2018

    Fla. Woman Wins $4.6M In Sex Abuse Suit Against Her Parents

    A Florida jury has awarded $4.6 million in a suit brought by a woman who accused her father of sexually abusing her for 16 years while her mother negligently failed to prevent the abuse, her lawyers announced Tuesday.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Ill. Appellate Judge Reprimanded For Pushing Speaking Gigs

    The Illinois Courts Commission on Monday reprimanded a state appellate judge for using official judicial letterhead to pitch himself as a paid speaker, including offering to explain medical malpractice protections to hospitals and doctors, finding he brought the court into disrepute.

  • August 14, 2018

    Chiquita MDL Judge Narrows Claims Against Executives

    A Florida federal court presiding over multidistrict litigation alleging Chiquita funded a right-wing Colombian terrorist organization trimmed claims Monday against several defendants in two cases but declined to fully dismiss either one.

  • August 14, 2018

    Harvey Weinstein Must Face Actress' Sex Trafficking Claims

    A federal judge in Manhattan ruled Tuesday that an actress' sex trafficking suit against producer Harvey Weinstein can move forward, saying her allegations that Weinstein promised her a role and other opportunities so he could force her to perform sex acts are strong enough to advance.

  • August 14, 2018

    Pa. Court Nixes Quadriplegic Man's Snow Tubing Injury Suit

    A Pennsylvania appeals court on Tuesday tossed a suit accusing a ski resort of negligently causing a man's severe spinal injury suffered in a snow tubing accident that rendered him a quadriplegic, saying the man failed to prove the resort's actions were reckless or grossly negligent.

  • August 14, 2018

    Cruise Ship Not Liable For Trivia Game Accident: 11th Circ.

    An Eleventh Circuit panel on Tuesday affirmed the dismissal of a negligence suit against Celebrity Cruises that was brought by a passenger injured while playing a music trivia game aboard a ship, finding the cruise operator had no duty to warn passengers about the potential risks of the game.

  • August 14, 2018

    Jury Awards $5.4M To Trucking Co. Worker For Crushed Leg

    A West Virginia federal jury awarded $5.42 million on Tuesday to a man whose leg was crushed at work, saying two trucking companies, including his employer, were responsible.

  • August 14, 2018

    Nassar Denied New Sentencing Judge After Bias Allegation

    A Michigan state judge on Tuesday refused to disqualify Judge Rosemarie Aquilina, who sentenced convicted sexual abuser and former sports doctor Larry Nassar to up to 175 years in prison, from hearing Nassar’s request for a new sentence, rejecting arguments that Judge Aquilina is biased.

  • August 14, 2018

    W.R. Grace Insurers May Be Directly Liable For Asbestos

    The Third Circuit on Tuesday partially revived the claims of victims of asbestos-related ailments against the insurers of bankrupt mining company W.R. Grace & Co., saying the insurers may bear direct liability for the asbestos exposure.

  • August 14, 2018

    Privilege Bars Divorce Files In Death Case, Pa. Panel Told

    A hospital fighting claims from the widow of a man who died after receiving allegedly negligent treatment should not be allowed access to privileged material from divorce proceedings the couple were litigating in the run-up to the husband’s death, a Pennsylvania appeals court heard during oral arguments Tuesday.

  • August 14, 2018

    Mass. Top Court Clears Hospital In Ex-Patient Stabbing Suit

    Massachusetts' top appellate court on Tuesday ruled that a Bay State hospital didn't have a duty of care after a man released from an involuntary civil commitment fatally stabbed his neighbor 22 days after one of the hospitals doctors said the man "no longer posed a likelihood of serious harm."

  • August 14, 2018

    Asbestos Depo Doc Isn't A Court Record, Texas Court Says

    An attorney-journalist hasn’t shown that long-sealed records purporting to help establish that a Dallas firm coached clients for depositions in asbestos cases fell under the definition of a “court record,” a Texas appeals court said Tuesday.

Expert Analysis

  • 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.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • For Self-Driving Car Makers, Industry Standards Matter

    Allen Patatanyan

    When a self-driving Uber car ran over an Arizona pedestrian earlier this year, the company inadvertently shone a spotlight on the importance of industry standards. Failing to meet these benchmarks could be interpreted as a violation of the standard of care owed to a plaintiff by a corporate defendant, says Allen Patatanyan of West Coast Trial Lawyers.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.