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Personal Injury & Medical Malpractice

  • January 9, 2019

    Patient Who Beat Fla. Med Mal Cap Loses Appeal On Interest

    A woman who won a major victory in the Florida Supreme Court finding a state law limiting noneconomic damages in medical malpractice cases unconstitutional lost her bid for additional interest on her money judgment Wednesday when an appeals court said interest should run from the date of judgment, not the verdict.

  • January 9, 2019

    Norwegian Cruise Gets Award OK'd In Ex-Worker Dispute

    A Florida federal judge on Wednesday affirmed an arbitration award rejecting a worker’s claims that Norwegian Cruise Lines should pay for back surgery she said was necessary after she fell at work, concluding that a federal magistrate judge’s report recommending confirmation was spot-on.

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

  • January 9, 2019

    Ohio Court Revives Suit Over Unsterilized Surgery Equipment

    An Ohio appellate panel on Tuesday revived a suit alleging that a hospital's undisputed failure to sterilize surgical equipment prior to a woman's surgery caused emotional distress and other injuries, saying the failure is unquestionably a breach of the standard of care.

  • January 9, 2019

    Cryotherapy Co. Sued Over Texas Woman's 2nd-Degree Burns

    A Texas woman who said a three-minute cryotherapy session at a Houston branch of Impact Cryotherapy Inc. left her with second-degree burns to the bottom of her feet has filed a negligence lawsuit against the company and its affiliates.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    NY Hospital Gets New Med Mal Trial, Negating $2.6M Award

    A New York state appeals court on Wednesday ordered a new trial for Winthrop University Hospital and two doctors, negating a $2.6 million jury award to a woman who claimed the doctors failed to diagnose an infection that left her with permanent neurological damage.

  • January 9, 2019

    Insys Founder Need Not Comply With Subpoena, Judge Rules

    Insys Therapeutics founder John Kapoor does not need to turn over his personal notes and other documents the government sought ahead of a trial for executives allegedly involved in an opioid kickback scheme, a federal judge in Boston ruled Tuesday, saying prosecutors failed to prove the records belonged to Insys and not to Kapoor himself.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Judge Skeptical Royal Caribbean Caused Passenger's Injuries

    A Florida judge declined Tuesday to rule on Royal Caribbean’s bid to end a suit accusing it of failing to get a passenger who was suffering a stroke necessary medical attention quickly enough, but she warned the plaintiffs that she’s not convinced the cruise line’s decisions are ultimately responsible for the man’s injuries.

  • January 8, 2019

    $2M Too Low, Too Late In Nursing Home Death, 1st Circ. Told

    The estate of a woman who died in nursing home care tried to convince the First Circuit Tuesday that a federal judge had it right the first time when she ruled an insurance claims adjuster dragged its feet before offering a $2 million settlement — well below what the family asked for — before reversing herself.

  • January 8, 2019

    Ford Can’t Slip Former Mechanic’s Asbestos Exposure Suit

    A Louisiana federal judge has denied Ford Motor Co.’s request for summary judgment in a former mechanic's suit, which claims that working for the company exposed the man to asbestos and caused his ultimately fatal mesothelioma.

  • January 7, 2019

    Immigrant Parents Aren't Owed Mental Health Care, Feds Say

    The government asked a California federal judge Monday to toss a proposed class action by immigrant parents seeking mental health care after being separated from their children under Trump administration policy, arguing any obligation to provide such care ended when the parents were released from custody.

  • January 7, 2019

    Justices Won't Review VA Suit Over Veteran’s Lupus Death

    The U.S. Supreme Court on Monday declined to review the Ninth Circuit’s dismissal of a woman's accusations that a Veterans Affairs hospital delayed treating her husband’s lupus, thereby contributing to his death.

  • January 7, 2019

    Royal Caribbean Can't Dismiss Hurricane Harvey Cruise Suit

    A magistrate judge has recommended a Florida federal court deny Royal Caribbean's bid to dismiss a woman's latest complaint in her suit claiming it put passengers at risk by not canceling a cruise as Hurricane Harvey threatened Texas, saying the court has not forbidden her from adding additional plaintiffs.

  • January 7, 2019

    Atty's Words Downed Award Against Supermarket, Panel Says

    New England supermarket chain Market Basket has avoided a $500,000 jury award to a woman who injured herself in one of its stores, as a Massachusetts Appeals Court panel ruled Monday that a judge was within her discretion to grant a new trial after allegedly improper statements by the woman’s lawyer during closing arguments.

  • January 7, 2019

    Judiciary Pushes Back Day It Will Go Broke Over Shutdown

    The U.S. judiciary has pushed back the date it is expecting to run out of money over the government shutdown to next week, increasing the chances that the impasse will resolve before courts may have to start cutting staff and delaying litigation.

  • January 7, 2019

    Samsung Phone Caught Fire And Injured Family, Suit Claims

    Samsung Electronics Co. Ltd. should have to pay for injuries sustained by a Colorado family when the battery of a Galaxy S7 cellphone produced by the Korean electronics maker allegedly overheated and caught fire, according to a complaint removed to federal court on Friday.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    USA Gymnastics Should Dissolve Itself In Bankruptcy

    Ronald Katz

    USA Gymnastics, facing over 100 lawsuits as a result of the Larry Nassar sex molestation crimes, recently filed for bankruptcy to ensure its survival. However, rather than being preserved, the organization should be replaced by a government agency that can assume financial and moral responsibility, says Ronald Katz of GCA Law Partners LLP.

  • Drug Design Defect Litigation Faces Its Demise

    James Beck

    A notable authority on tort law recently concluded that design defect claims involving prescription drugs approved by the U.S. Food and Drug Administration are preempted no matter how plaintiffs package them. But we should shed no tears over the demise of design-based litigation, says James Beck of Reed Smith LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.