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Personal Injury & Medical Malpractice

  • October 9, 2018

    Sports Medicine Doctors Get Wider Protection Under New Law

    President Donald Trump has signed into law the Sports Medicine Licensure Clarity Act, which expands protections for sports medicine doctors and trainers when traveling with teams outside the states where they are licensed and insured.

  • October 9, 2018

    Higher Bar Applies In Birth Injury Suit, Texas Justices Told

    The medical malpractice claims brought against a doctor by the parents of a baby who was injured during delivery must be tossed because a heightened legal standard of negligence applies in emergency care situations, the Texas Supreme Court heard during oral arguments Tuesday.

  • October 9, 2018

    Pirates' Net Installer Can't Escape Foul Ball Injury Suit

    The company that sold and installed the net behind home plate at the Pittsburgh Pirates' PNC Park was denied a way out of a patron’s injury lawsuit Tuesday, when a state judge rejected arguments that the team should have known the net would stretch and deflect.

  • October 5, 2018

    Facebook Beats Suit Over Message Before Ohio Man's Killing

    Facebook has been cleared in a suit alleging it failed to alert authorities after a man posted a message with a seemingly murderous intent minutes before he recorded a video of himself killing a random pedestrian, with an Ohio state judge on Friday saying the company is immune under a federal law shielding third-party content publishers.

  • October 5, 2018

    Veteran Med Mal Atty Joins Grant & Eisenhofer In Chicago

    Grant & Eisenhofer PA has added a veteran medical malpractice attorney to its Chicago office as an associate in its birth injury litigation practice group.

  • October 5, 2018

    5th Circ. Reverses Doc's Win In Records Seizure Row

    The Fifth Circuit on Friday determined a doctor didn't have standing to claim a Texas Medical Board investigation into his patient records stemming from alleged overprescription of controlled substances violated his Fourth Amendment right to privacy, reversing a trial court ruling that had allowed the lawsuit to proceed.

  • October 5, 2018

    6th Circ. Affirms Widow's Federal Black Lung Benefits

    The Sixth Circuit on Friday upheld an administrative law judge's finding that the operator of a coal-loading terminal owes black lung benefits to a worker’s widow, saying the terminal didn’t overcome the legal presumption that longtime coal workers have black lung.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 5, 2018

    Jury Clears Bard In Third IVC Bellwether Trial

    An Arizona federal jury on Friday cleared C.R. Bard Inc. of liability in the third bellwether trial over claims that the company’s clot-stopping vein filter could break and send metal pieces toward patients’ hearts.

  • October 4, 2018

    Fla. Justices Undo Attys' Fees Ruling Over Settlement Offer

    The Florida Supreme Court on Thursday quashed a decision deeming a settlement offer too ambiguous to warrant an attorneys’ fee award, ruling that the lower court’s “nitpicking” of offers adds to judicial workload, which is contrary to the purpose of the law.

  • October 4, 2018

    8th Circ. Says Petco Off The Hook In Driver Injury Suit

    The Eighth Circuit on Thursday tossed a suit brought by a delivery driver accusing Petco of causing his trip-and-fall injuries during the course of a delivery, saying the driver failed to properly disclose key expert witness testimony.

  • October 4, 2018

    NJ Med Mal Firm Britcher Leone Adds 2 Attys, Opens Outpost

    New Jersey personal injury and medical malpractice boutique Britcher Leone LLC has welcomed attorneys Tyrone Sergio and Stephen S. "Skippy" Weinstein, both formerly of the practice Weinstein founded, and has opened a second office in the Garden State.

  • October 4, 2018

    Texas Hospital Says Patient Shot By Guard Can't Bring Suit

    A Houston medical center has asked the Texas Supreme Court to toss the remaining claims in a suit brought by a former patient who was shot and arrested by hospital security, arguing prior holdings from the court mandate dismissal.

  • October 4, 2018

    Plumbing Co. Sues Allstate Over Asbestos Suit Coverage

    A plumbing manufacturing company formerly based in Erie asked a Pennsylvania federal court on Thursday to make Allstate Insurance cover the company’s asbestos-related settlements and defense costs, including claims about exposures dating to the late 1970s or earlier.

  • October 4, 2018

    Gold Medal Bakery Defends Post-Surgery Firing

    Bread-maker Gold Medal Bakery argued in Massachusetts federal court Thursday that it had the right to fire a supervisor, now suing the company for $2 million, who did not return to work after a 12-week leave for knee surgery.

  • October 4, 2018

    MGM Can't Consolidate Vegas Shooting Suits, JPML Rules

    The U.S. Judicial Panel on Multidistrict Litigation has rejected MGM Resorts International's bid to centralize litigation in California over last year's Las Vegas mass shooting, saying a single novel legal question regarding a federal anti-terrorism statute doesn't justify consolidation.

  • October 3, 2018

    Bard Says Vein Filter Risks Reasonable As Trial Wraps

    C.R. Bard Inc. closed out the third bellwether trial in its vein filter litigation on Wednesday with an argument that the implant’s occasional drifting and breakage were reasonable risks, while lawyers for the patient suing the device maker told a Phoenix federal jury that the company should have halted sales instead of slowly introducing a sturdier design.

  • October 3, 2018

    Sheldon Silver Skirts Prison Ahead Of 2nd Circ. Appeal

    Former New York State Assembly Speaker Sheldon Silver will remain free on bail for a few more months while he appeals his bribery conviction, a Second Circuit appeals panel ruled Wednesday, just two days before he was supposed to report to prison.

Expert Analysis

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.