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Personal Injury & Medical Malpractice

  • August 7, 2018

    Misplaced Power Pole Caused Fatal Jet Crash, Jury Told

    Counsel for the children of a woman who died in a business jet crash told an Atlanta jury during Tuesday opening statements the crash wouldn’t have happened if industrial manufacturer Milliken & Company hadn’t broken its agreement with a neighboring airport and allowed the construction of the 72-foot power pole that the plane hit.

  • August 7, 2018

    Alleged Atty Killer On Hook For $5.75M Shooting Verdict

    A Missouri appellate panel on Tuesday affirmed a $5.75 million jury award in a suit against a businessman who shot a homeless man in a warehouse he owned and is now facing murder charges for gunning down the plaintiff’s attorney who handled that case, saying the trial judge had properly excluded certain evidence.

  • August 7, 2018

    Cabela’s Sued Over Sale Of Murder Weapon To Felon

    The mother of a murder victim accused the outfitter chain Cabela’s of selling the gun that killed him to a convicted felon, according to a suit filed in Ohio court Tuesday.

  • August 7, 2018

    Silver Again Seeks Bail During Appeal Of 2nd Conviction

    Former New York State Assembly Speaker Sheldon Silver on Monday again sought a reprieve from prison while he appeals his second conviction on corruption charges, claiming the trial court wrongly told jurors that no quid pro quo deal needed to be proven to find the formerly powerful Empire State politician guilty of bribery.

  • August 7, 2018

    Google Pix Exclusion OK'd In Texas Inflatable Man Injury Trial

    A Texas appeals court on Tuesday affirmed a defense verdict in a suit that accused a mattress store of negligently placing an inflatable advertising “tube man” that allegedly caused a woman’s fall and serious injury, saying the trial judge properly excluded as evidence Google Earth satellite photographs, citing lack of authentication.

  • August 7, 2018

    Fumes Seeping Into Boeing Plane Cabin Hurt Pilot, Suit Says

    A commercial airline pilot has sued the Boeing Co. in Illinois state court claiming he has neurological damage after he was exposed to toxic fumes from jet engine oil while aboard one of the company's planes.

  • August 7, 2018

    Law Firm's Site Covered By Fair Report Privilege, Panel Says

    A Washington state appeals court has affirmed a lower court's dismissal of a woman's defamation suit against a law firm for summarizing on its website allegations against her from a wrongful death suit filed by firm clients, ruling the statements are covered by the same fair report privilege afforded to news organizations.

  • August 7, 2018

    5th Circ. Told Bankruptcy Can't Touch $5M Crash Settlement

    An attorney who reached a $5 million settlement for his clients who were injured in a bus crash told a panel of Fifth Circuit judges during oral arguments in Houston Tuesday that the law doesn't support a bankruptcy judge's decision to pull those insurance policy proceeds into the bankruptcy estate of the now-defunct bus company.

  • August 6, 2018

    NJ Firm Ducks Malpractice Action Over Fall Case

    The New Jersey law firm Dario Yacker properly won summary judgment in a suit brought by an unsatisfied personal injury client stemming from a 2009 fall, an appeals court ruled Monday, saying there was no evidence of negligence on the firm's part.

  • August 6, 2018

    Media Outlets Want Expedited Appeal In Parkland Video Fight

    Media organizations fighting the Broward County (Florida) School Board and the local state attorney's office over security camera footage taken during the February mass shooting at Marjory Stoneman Douglas High School asked the Florida Supreme Court Monday to expedite the government's appeal of a decision ordering the release of the videos.

  • August 6, 2018

    Minn. Court Reinstates $1.5M Award To Injured BNSF Worker

    A Minnesota appellate panel on Monday reinstated a $1.5 million judgment in a suit brought by a former BNSF Railway Co. conductor who claimed the railroad giant violated federal law and caused his back injury, saying the evidence supported a jury verdict in the worker's favor.

  • August 6, 2018

    Insurer Says It Has No Duty To Cover Go-Kart Accident

    Cincinnati Insurance Co. says it has no duty to defend a go-kart center from a lawsuit by the parents of a child who was thrown from one of its carts, arguing that exclusions in the policy for amusement rides bar coverage, according to a lawsuit filed in an Iowa federal court on Friday.

  • August 6, 2018

    Plaintiffs Bar Is Steering Truck Crash Cases To Mega Verdicts

    Trucking accident victims have reaped some huge awards at trial this past year, with one Texas jury recently awarding $101 million, which experts say is a reflection of an increasingly sophisticated plaintiffs bar utilizing technology and courtroom techniques to target heavily insured and heavily regulated trucking companies.

  • August 6, 2018

    Journalist Hits CenterPoint With $1M Suit Over Electric Shock

    A British journalist who suffered an electric shock when he came into close proximity to live power lines submerged during Hurricane Harvey filed a $1 million lawsuit against CenterPoint Energy Inc. in state district court in Houston Monday, arguing the power company should have killed the lines in light of the catastrophic flooding.

  • August 6, 2018

    Travelers Sues Hospital's Insurer Over Sex Abuse Coverage

    An insurance company providing underlying excess liability coverage to a hospital where a staff doctor allegedly sexually abused more than 100 children is dodging its share of costs to resolve resulting lawsuits, Travelers Casualty and Surety Co. said in a suit filed in Connecticut federal court.

  • August 6, 2018

    WWE Seeks Attys' Fees After Sanctions In Concussion Suit

    World Wrestling Entertainment Inc. has asked a Connecticut federal judge to order an attorney for two former wrestlers to pay the entertainment company's $176,486 legal bill for attorneys' fees and costs associated with an earlier sanctions order over an evidence dispute in the wrestlers' concussion suit.

  • August 3, 2018

    Wrongful Death Suit Against Marlins Pitcher's Estate Is Settled

    Family members of the two men who perished alongside Jose Fernandez in a 2016 boating accident have settled their wrongful death and negligence suit against the former Miami Marlins star pitcher for an undisclosed amount.

  • August 3, 2018

    Ind. Court Tosses Surgery-Privacy Suit Against Stryker

    An Indiana appeals court on Friday affirmed the dismissal of a suit against the medical device maker Stryker Corp. over privacy concerns from Stryker employees’ observation of a knee operation, citing statutes of limitations.

  • August 3, 2018

    Jury Awards $473.5M In Nuisance Suit Over Hog Farm

    A federal jury awarded six North Carolina residents a total of $473.5 million Friday on their nuisance claims against a pork company over the feces, urine, foul odors, flies and rumbling trucks associated with hog farms near their properties.

  • August 3, 2018

    Gov't Can't Shake Negligence Suit Over Crash On BW Parkway

    A Maryland federal judge on Thursday denied the federal government’s bid to dismiss a suit alleging its failure to maintain the painted white lane line, or fog line, on the side of the Baltimore-Washington Parkway caused an accident that killed a man and injured his fiancee.

Expert Analysis

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.