Personal Injury & Medical Malpractice

  • May 21, 2018

    5 Women Sue USC Claiming Sexual Abuse By Gynecologist

    Five women claim in two separate California state and federal suits Monday that a former University of Southern California gynecologist sexually abused them during their appointments with him.

  • May 21, 2018

    Minn. Hospital Preserves Trial Win In Patient Stroke Suit

    A Minnesota appellate panel on Monday affirmed a verdict in favor of a hospital sued for causing a man’s stroke and seizure following emergency treatment, saying the trial judge properly allowed evidence that the man’s chronic alcohol abuse may have caused the stroke.

  • May 21, 2018

    Md. Atty Disbarred For Bungling Personal Injury Cases

    Maryland’s highest court on Monday affirmed the disbarment of a personal injury attorney for the “flagrant abandonment” of a woman’s two personal injury cases, saying a sanction of disbarment is appropriate to protect the public from attorneys who ignore client matters.

  • May 21, 2018

    Pa. Atty Wants Litigation Fund's Repayment Claim Axed

    A Philadelphia attorney has told a state judge that his former client, not he, should repay a litigation funding group looking to regain the $35,000 it fronted to advance a personal injury claim that was eventually settled for $350,000.

  • May 21, 2018

    Dentons Nabs Selman Breitman's Product Liability Partner

    Dentons has hired a Selman Breitman LLP partner with more than 20 years of experience representing building contractors and developers in disputes arising out of alleged exposure to asbestos and other toxic substances, according to the firm.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    Pa. Hospital Gets Partial Win In Patient Death Case

    A Pennsylvania federal judge dismissed emotional distress claims against a hospital by a widow whose husband bled to death while flying home after stomach ulcer treatment, finding that her particular experience did not meet Pennsylvania's legal standards for potential compensation.

  • May 21, 2018

    AT&T To Pay Cell Tower Technician $30M Over 50-Ft. Fall

    A cellphone tower technician has reached a $30 million settlement in a case against AT&T over a 50-foot fall he took from a Pennsylvania tower he says did not have proper safety features, his attorneys announced Monday.

  • May 21, 2018

    Personal Injury Legal Funder Accuses Atty Of Faking Cases

    A legal funding service filed suit in New York state court against a Manhattan attorney who allegedly asked for funding for bogus or exaggerated personal injury cases, saying the lawyer should have to pay back $200,000 and cough up $5 million in punitive damages.

  • May 18, 2018

    Axis Win In $2M Truck Crash Coverage Row Upheld In 5th Circ.

    The Fifth Circuit on Friday found Hartford Insurance Co. owes $2 million in coverage for a Louisiana truck accident, rejecting its argument that the wording of the policy limits the kind of vehicles covered.

  • May 18, 2018

    Houston Jury Awards $90M To Family In Trucking Death Case

    A Texas state court jury has hit Werner Enterprises Inc. with a nearly $90 million verdict, finding the trucking company responsible for a 2014 collision that killed a 7-year-old and paralyzed a 12-year-old, attorneys for the family said Friday.

  • May 18, 2018

    Skeloses Get Docs That Could Undermine Developer Witness

    A federal judge ordered a Manhattan developer's general counsel to hand over documents on Thursday that she said could “undermine” testimony expected at the upcoming corruption retrial of New York State Senate Majority Leader Dean Skelos and his son Adam.

  • May 18, 2018

    Ala. Justices Nix $10M Med Mal Award For Blind, Deaf Baby

    The Alabama Supreme Court on Friday vacated a $10 million award in a suit accusing a hospital of causing a baby's blindness, deafness and seizure disorder due to a meningitis misdiagnosis, saying a trial judge's improper admission of evidence warrants a new trial.

  • May 18, 2018

    XTO Energy Gets Oilfield Injury Suit Booted From Texas

    A Texas appellate court has sided with XTO Energy Inc. in a personal injury suit brought against it by workers who were injured in a North Dakota oilfield flash fire, agreeing with the company that Texas is an inconvenient forum for the case since it is facing similar suits in North Dakota.

  • May 18, 2018

    Trump Admin. Stonewalling Attys' Probes Into Elder Abuse

    The Trump administration is hindering plaintiffs attorneys who investigate abuse and neglect of seniors by heavily redacting nursing home records and charging tens of thousands of dollars to produce such records, according to interviews, government correspondence and newly filed lawsuits.

  • May 18, 2018

    Judge Limits Order Barring $200M Pa. Malpractice Fund Grab

    A Pennsylvania federal judge clarified Friday that he had not intended to scrap the state’s entire fiscal code as part of his decision barring state Gov. Tom Wolf from tapping $200 million from a publicly created medical malpractice insurer's reserves to close a budget hole.

  • May 18, 2018

    College Athlete's Injury Suit Belongs In State Court: Judge

    A Pennsylvania federal judge has dismissed a suit accusing the National Collegiate Athletic Association and a public Pennsylvania university of being responsible for a baseball player's head injury, saying the suit belonged in state, not federal, court.

  • May 18, 2018

    Mismatched Expert Dooms Med Mal Claim, Fla. Court Says

    A Florida appeals court affirmed the partial dismissal Friday of a married couple's malpractice suit over injuries one spouse allegedly suffered from an infection following an eye surgery, ruling they had improperly relied on a medical expert with a different specialty from a doctor they were suing.

  • May 18, 2018

    Expert Was Qualified In Ear Med Mal Case, NJ Panel Finds

    A New Jersey appellate panel has upheld a win for doctors accused of negligently letting the root cause of a young man’s chronic ear problems go undetected, rejecting the patient’s contention that the defendants had presented an unqualified expert witness.

  • May 18, 2018

    Mass. Court Backs School's Sovereign Immunity In Injury Suit

    A Massachusetts appeals court on Friday ruled the state’s long-standing sovereign immunity doctrine protects a public school district from a negligence suit after a varsity field hockey player was seriously injured during a team practice.

Expert Analysis

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A Key Rhode Island Ruling On Take-Home Asbestos Exposure

    Thaddeus Lenkiewicz

    Last month a Rhode Island court addressed for the first time whether an entity has a duty of care to protect nonemployees from exposure to the asbestos-tainted work clothes of the entity’s employee. The decision reveals a willingness of the court to extend an employer’s duty to household members of employees, says Thaddeus Lenkiewicz of Manning Gross & Massenburg LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Reining In Abusive Alien Tort Statute Cases

    Perlette Jura

    The most obvious takeaway from the U.S. Supreme Court's decision in Jesner v. Arab Bank is that non-U.S. corporations no longer need to fear Alien Tort Statute liability. But tucked within the decision’s holding and its various concurring opinions are other key points, say attorneys with Gibson Dunn & Crutcher LLP.

  • For Some Insurance Claims, Plain Language Isn’t Enough

    Robert Helfand

    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.