Personal Injury & Medical Malpractice

  • May 17, 2018

    Texas Energy Co. Negligent In Home Explosion, Suit Says

    A Houston woman has filed suit in state court accusing a Texas energy company of negligently causing a gas explosion that destroyed her home in 2016 and severely burned its occupants, claiming the company failed "to properly design, maintain, inspect or repair the natural gas lines."

  • May 17, 2018

    Jury Awards Mother $4M For Baby's Whooping Cough Death

    A Lancaster County jury has awarded $4 million to a mother who blamed her daughter’s doctors for failing to diagnose the baby’s whooping cough, leading to her death at 32 days old.

  • May 16, 2018

    NY Hospital Must Face Patient’s Suit Over Post-Op Care

    A New York appellate panel on Wednesday revived claims seeking to hold a hospital vicariously liable for a doctor’s allegedly negligent postoperative care of a patient, saying the hospital failed to prove the doctor wasn’t under its control at the time of the alleged negligence.

  • May 16, 2018

    9th Circ. Clarifies Anti-SLAPP Law In Planned Parenthood Row

    A California federal judge was correct when he nixed anti-abortion activists' free speech challenge to Planned Parenthood’s suit over their secretly recorded videos, the Ninth Circuit ruled in a published opinion Wednesday that clarified how to square California’s anti-SLAPP statute with federal civil procedure rules.

  • May 16, 2018

    Calif. Court OKs $6.2M Award For Woman’s Childbirth Death

    A California appeals court has affirmed a $6.2 million judgment against a doctor in a suit accusing the doctor and a hospital of causing a woman’s death after she gave birth via cesarean section, saying a jury verdict in favor of the patient’s estate is supported by substantial evidence.

  • May 16, 2018

    Family Of Man Electrocuted After Hurricane Sues CenterPoint

    The family of a man who died from an electric shock while wading through floodwaters to rescue his sister's cat in the aftermath of Hurricane Harvey announced Wednesday they have filed a negligence and wrongful death lawsuit against several parties, including CenterPoint Energy Inc., and want to see policy changes.

  • May 16, 2018

    Pa. Justices Urged To Revive Nursing Home False Ad Suit

    The head of the Pennsylvania attorney general’s civil division urged the state’s Supreme Court during oral arguments Wednesday to upend a decision dismissing a lawsuit accusing nursing home operator Golden Living of misrepresenting the quality of its services in marketing materials.

  • May 16, 2018

    Tennis Org Wants $10M Blood Test Injury Suit Arbitrated

    The Women's Tennis Association on Tuesday urged a Florida federal court to force tennis player Madison Brengle to arbitrate her claims that anti-doping tests required by the organization and the International Tennis Federation injured her serving arm and impacted her career, saying she agreed to arbitrate such disputes.

  • May 16, 2018

    Fake Naturopathic Doctor Gets Over 6 Years For Fraud

    A "pitiless scammer" who posed as a naturopathic doctor promising seriously ill people relief and then cheated them out of hundreds of thousands of dollars was sentenced to six years and three months in prison by an Alabama federal judge Tuesday.

  • May 16, 2018

    Steward Must Convince Jury Doc Fired For HIPAA Violation

    Steward Healthcare System LLC will need to convince a jury it fired a psychiatrist for violating the Health Insurance Portability and Accountability Act and not because, as the doctor claims, he took disability leave after getting pneumonia, a Massachusetts federal judge ruled Wednesday in denying part of a summary judgment bid.

  • May 16, 2018

    Michigan State To Pay $500M To Larry Nassar Victims

    Michigan State University said Wednesday that it will pay $500 million to the 332 alleged victims of sexual abuse at the hands of former faculty member and sports team doctor Larry Nassar to end a barrage of civil claims filed against the university over the past year. 

  • May 15, 2018

    Uber's Move Away From Arbitration Falls Short, Attys Say

    Uber won plaudits Tuesday with its announcement that it would no longer steer sexual misconduct claims into arbitration, but critics were quick to pump the brakes on the praise, noting that the ride-hailing giant can still use arbitration to keep class actions from seeing their day in court.

  • May 15, 2018

    Surgery Patient Can't Advance Atty 'Collusion' Suit

    A federal judge in Missouri has dismissed a legal malpractice suit in which a prison inmate accused his lawyer of being “in collusion” with opposing counsel in unsatisfactorily settling an underlying medical malpractice case, finding that the man couldn't meet the jurisdiction requirements necessary to bring his suit in federal court.

  • May 15, 2018

    Insurer Says It Was Pulled In Too Late In Injured Worker's Suit

    Motorists Mutual Insurance Co. asked a Pennsylvania federal court on Tuesday to end residential builder NVR Inc.'s lawsuit seeking coverage for litigation tied to a propane heater explosion that injured a construction worker, saying it should not be obligated to provide coverage for a settlement it did not negotiate.

  • May 15, 2018

    11th Circ. Won't Rethink Ruling In Contractor Fall Fight

    An Eleventh Circuit panel refused Tuesday to reconsider its ruling that a roofing company sales representative who allegedly did not properly inspect a roof before a contractor fell through it and became paralyzed was an employee and is therefore covered by a Houston Specialty Insurance policy.

  • May 15, 2018

    Drilling Co. Must Face Mechanic's Chemical Burn Suit

    A Texas appellate court on Tuesday revived a personal injury suit against Diamond Offshore Drilling Inc. brought by a mechanic who claims he sustained chemical burns while working to repair a Diamond vessel, rejecting the company's argument that the case had to be brought in Bermuda under the man's employment agreement.

  • May 15, 2018

    Volleyball Coach Wants 'Unsupported' Sex Abuse Suit Tossed

    The owner-coach of an elite volleyball club asked an Illinois federal judge late Monday night to toss a proposed class action accusing him of concealing past sexual abuse allegations from parents and potential players, saying the complaint lobs “wholly unsupported” accusations that won't advance its fraud claims. 

  • May 15, 2018

    Baylor Doc Can't Ditch Suit Alleging Misdiagnosed Tumor

    A Texas appellate court on Tuesday refused to dismiss malpractice claims against a Baylor College of Medicine doctor who allegedly misdiagnosed a patient’s tumor, saying an expert report sufficiently linked an alleged breach of the standard of care to the patient’s alleged injury.

  • May 15, 2018

    Pa. Justices Question Widow's Claims Over Triathlon Death

    Members of Pennsylvania's highest court expressed skepticism during oral arguments in Harrisburg on Tuesday that the widow of a man who died while participating in the Philadelphia Triathlon could pursue a wrongful death claim despite a liability waiver he inked when registering for the event.

  • May 15, 2018

    Riddell Says Ex-NFLers' Concussion Claims Covered By CBAs

    Former NFL players who opted out of a settlement in multidistrict litigation over brain injuries should not be able to bring a lawsuit against helmet maker Riddell Inc., because their claims are covered by collective bargaining agreements, the company said Monday in Pennsylvania federal court.

Expert Analysis

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Courts Remain Skeptical Of FCA Statistical Arguments

    Robert Rhoad

    A Massachusetts federal court's ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.