Personal Injury & Medical Malpractice

  • February 13, 2018

    Juror's Ties To Doc Don't Merit Retrial, Pa. Court Says

    A Pennsylvania appellate panel ruled Monday that a new trial is not yet warranted in a suit accusing a doctor of negligently treating a patient following a heart attack, saying the fact that a juror’s immediate family member was a patient of the doctor was not a proper ground for scrapping a verdict favoring a McKean County health care provider.

  • February 13, 2018

    What Hospitals Need To Know Before Forming A Drug Co.

    A group of hospital systems recently decided to address rising prices and shortages of generic medications by forming a nonprofit drug company, but industry attorneys warn that land mines like unfamiliar regulations and fraud concerns could trip the members up as they execute this novel plan.

  • February 13, 2018

    Meningitis Pharmacist Tells Court Restitution Is Too Much

    The pharmacist who oversaw a sloppy drug compounding operation that churned out moldy steroid injections and led to a fatal meningitis outbreak said Monday that he shouldn’t have to forfeit his entire six-year salary of $611,000 now that he has been sentenced to eight years of prison.

  • February 13, 2018

    Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

    If the Florida Supreme Court revives claims against an anesthesiologist whose quick clearance for surgery of a woman allegedly contributed to her death, experts say it could make it easier for medical malpractice plaintiffs in the state to allege causation, or that a health care provider proximately caused a person’s injuries.

  • February 13, 2018

    Morgan & Morgan Snags Med Mal Pro For Nashville Office

    A medical malpractice attorney who secured a $1.75 million judgment in a delayed cancer diagnosis case against a Tennessee hospital has joined Morgan & Morgan PA, jumping from a boutique law firm in Nashville.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    Chubb Negligently Rejected $2M Injury Deal, Suit Says

    Excess insurer American Guarantee and Liability Insurance Co. told a Texas federal court on Friday that Chubb Ltd. should pony up the extra money it was forced to pay in a wrongful death action, arguing that Chubb had rejected a $2 million offer to settle the underlying suit.

  • February 12, 2018

    Psychiatrist's Evaluation Of Doc Protected, NY Court Rules

    A New York appellate court on Friday tossed a defamation suit brought by a physician who alleged that a psychiatrist’s evaluation of him following a patient’s death damaged his reputation with his employer, saying the report was privileged under the “common interest” doctrine.

  • February 12, 2018

    Facing The 'Reptile' In The Courtroom

    Over nearly a decade, a “reptile” has slithered into tort cases across the country, accompanying the much-discussed plaintiffs-side strategy that defense attorneys say cold-bloodedly manipulates jurors with fear to land outsize verdicts — but whose creators say it’s not aiming to scare anyone but the defense bar.

  • February 12, 2018

    Uber Sued By Texas Woman Allegedly Raped By Driver

    An anonymous woman who lives in Bexar County, Texas, has joined the ranks of those who have filed suit alleging Uber Technologies Inc.'s lax vetting of drivers and lack of safeguards led to her sexual assault.

  • February 12, 2018

    Syracuse, Lacrosse Coach Must Face Ex-Player's Injury Suit

    A New York appellate court has refused to dismiss a former Syracuse women's lacrosse player's suit accusing head coach Gary Gait of recklessly throwing a ball that struck her in the head, finding that a standard waiver she signed assuming risk of injury wasn't enough to shield Gait from being sued.

  • February 12, 2018

    Pa. Docs Dodge Suit Over NJ Woman's Skull Surgery Infection

    A New Jersey federal judge on Friday tossed a state resident's medical malpractice claims against three doctors over her treatment at Thomas Jefferson University Hospital in Philadelphia, saying the court does not have jurisdiction to hear the case against the physicians.

  • February 12, 2018

    Tenn. Court Must Rethink Whether Dead Man Knew Diagnosis

    A Tennessee appeals court has reinstated a malpractice claim filed by the estate of a man who died of sepsis after being sent home with a diagnosis of dehydration, finding the case’s undisputed facts don’t prove the man knew of his alleged misdiagnosis before he died.

  • February 12, 2018

    NJ Can't Hear Sandals Food Poisoning Suit, Panel Says

    New Jersey courts don’t have jurisdiction over claims by a couple who alleged they got food poisoning while vacationing at a Sandals Resorts International Ltd. hotel, because Jamaica-based Sandals has no business entities in the Garden State, a state appeals panel ruled Monday.

  • February 12, 2018

    Connell Foley Nabs LeClairRyan Trial Group In Newark

    Connell Foley LLP has added 11 LeClairRyan trial attorneys to its Newark, New Jersey, office in a coup that the firm on Monday said will boost its litigation, insurance and professional and products liability practices.

  • February 9, 2018

    Bucs Look To Dodge Player's Negligence Claim In Injury Suit

    The Tampa Bay Buccaneers are looking to dismiss a lawsuit brought by a former National Football League player alleging the team concealed the extent of his injuries to induce a settlement, telling a Florida federal court that the claims are barred by the collective bargaining agreement.

  • February 9, 2018

    NHL Players Fight Bid To Dump Experts From Concussion Suit

    National Hockey League players in multidistrict litigation over the league’s alleged concealment of the dangerous effects of concussions urged a Minnesota federal judge Friday not to bar the testimony of four experts in the case, saying the NHL’s argument that the opinions are unsupported or irrelevant misses the mark.

  • February 9, 2018

    Pa. Justices Urged To Ax Duty Of Care For Student-Athletes

    A Pennsylvania college facing negligence claims from a pair of football players urged the state’s Supreme Court on Thursday to overthrow a decision that it said wrongly saddled it with the duty to provide qualified medical personnel for student-athletes at athletic events.

  • February 9, 2018

    Mich. State Seeks Removal Of Med School Dean Over Nassar

    Michigan State University interim President John Engler on Friday asked the university to revoke the tenure of the former dean of the College of Osteopathic Medicine after he failed to notify the MSU HealthTeam about guidelines that had been established to monitor former gymnastics doctor Larry Nassar as a result of a 2014 sexual harassment investigation.

  • February 9, 2018

    Woman Sues BBQ Chain Over Industrial Staple In Sandwich

    A Chicago woman sued the management company of a South Side location of barbecue chain Famous Dave’s in Cook County Circuit Court on Thursday, alleging she bit into an industrial-sized staple while eating a Famous Dave’s sandwich, and claiming the staple did serious damage to her teeth.

Expert Analysis

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.