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Personal Injury & Medical Malpractice

  • January 10, 2019

    Texas Doc Loses Fight Over Expert Report In Patient’s Death

    A Texas appellate court on Thursday denied a doctor's bid to duck a lawsuit alleging his denial of a transfer request caused a patient's death, rejecting the argument that an expert report didn't connect his alleged actions to the woman's fate.

  • January 10, 2019

    Boston Globe Defends Birth Records Bid To Mass. Justices

    The Boston Globe told the the Massachusetts Supreme Judicial Court on Thursday that its request for millions of state birth and marriage records was not an invasion of privacy, as justices wondered whether the disclosure could compromise even more private information such as whether a child is adopted or changes gender.

  • January 9, 2019

    More Fla. Docs Face Med Mal Risk After Appeals Court Ruling

    The Florida Supreme Court’s recent decision to revive claims against an anesthesiologist accused of negligently clearing a woman for a surgery that proved fatal could prompt injured patients to pursue claims against doctors who may not have been previously targeted, experts said.

  • 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.

Expert Analysis

  • 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.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Why Construction Cos. Should Prioritize Protective Equipment

    Astrid Guardado

    The construction industry is booming and is expected to continue to grow as we head into 2019, but many employers are still falling short when it comes to protecting their employees under the Occupational Safety and Health Act, says Astrid Guardado of Becker & Poliakoff PA.

  • Opinion

    Circuit Split Encourages Forum Shopping By Injured Seamen

    Troy McMahan

    The Fifth and Ninth Circuits disagree over whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The U.S. Supreme Court should agree to review Batterton v. Dutra, and restore certainty for shipowners, say attorneys with King & Spalding LLP.