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Personal Injury & Medical Malpractice

  • October 11, 2018

    Work Instruction Gaps Led To Gas Explosions, NTSB Says

    The September gas explosions that rocked three communities north of Boston, killing one person and injuring 21, were caused by gaps in construction work orders prepared by NiSource Inc.’s subsidiary Columbia Gas, the National Transportation Safety Board said Thursday.

  • October 11, 2018

    Sexual Assaults Occurred At WeWork Events, Ex-Worker Says

    WeWork sponsors booze-fueled social events for employees where it’s “only a matter of time until someone gets raped,” according to a lawsuit filed in New York state court Thursday by a former employee who claims she was sexually assaulted twice by colleagues at such gatherings.

  • October 11, 2018

    Co. Has Duty To Asbestos Worker's Family, Va. Court Finds

    Employers do owe a duty to family members of workers who may face exposure to asbestos through the workers’ clothing, the Virginia Supreme Court said Thursday in deciding a certified question sent from Virginia federal court.

  • October 11, 2018

    Jury Questions Can't Undo Verdict In Stroke Diagnosis Row

    A split Iowa appeals court on Wednesday affirmed the defense verdict rendered in a trial over claims that a doctor exacerbated the effects of a stroke by failing to immediately diagnose it, saying a court didn’t abuse its discretion when it decided that jury questions about damages didn’t indicate the jury was confused.

  • October 11, 2018

    Texas Court Says Expert Report OK In Botched Surgery Suit

    A Texas appellate panel on Thursday allowed to move forward a suit accusing doctors of negligently positioning a patient for spinal surgery and causing permanent nerve damage, rejecting the doctors’ arguments that the patient’s medical expert offered an insufficient and conclusory opinion.

  • October 11, 2018

    Chiropractor, Insurer End Row Over Injections Coverage

    An insurer and a chiropractor policyholder who allegedly mishandled injections have mutually ended their coverage suit, according to documents filed in New Mexico federal court on Wednesday.

  • October 11, 2018

    Atty DQ'd For Being Client's Golf Buddy During Incident

    An Indiana federal court judge has disqualified an attorney suing a golf club for a man’s slip-and-fall injury, saying the plaintiff’s attorney was one of two people who witnessed the incident.

  • October 11, 2018

    In High Court Row, BNSF Says Damages To Ex-Worker Taxable

    BNSF Railway Co. told the U.S. Supreme Court on Wednesday that compensation for a former employee’s lost time following a workplace injury is taxable under a railroad retirement law, responding to the worker’s assertion that it isn’t taxable because no work was actually done to receive the payment.

  • October 11, 2018

    5 NY Docs Charged With Prescribing Opioids For Cash, Trips

    A Fifth Avenue psychiatrist was among five doctors who have been charged with writing prescriptions for millions of oxycodone pills they knew were unnecessary in exchange for more than $5 million in cash, the U.S. Attorney for the Southern District of New York said Thursday.

  • October 11, 2018

    Twistars Gym, Owner Want Nassar Abuse Claims Dismissed

    The owner of two Twistars USA Inc. gyms where former sports doctor and convicted sexual abuser Lawrence Nassar volunteered asked a Michigan federal court on Thursday to dismiss claims against the gyms related to the abuse, saying the gymnasts' claims are time-barred and that several of the plaintiffs had no connection to Twistars.

  • October 10, 2018

    In Reversal, Injured Texas Worker Told He Can't Depose CEO

    A Texas appeals court on Wednesday reversed a panel ruling on a bid to depose the CEO of a construction company in a suit over a fall at a work site, saying the so-called apex deposition was unwarranted since the worker failed to prove the CEO had unique knowledge relevant to the suit.

  • October 10, 2018

    Texas Widow Wants $2M Wrongful Death Verdict Reinstated

    Counsel for a widow told the Texas Supreme Court in oral arguments Wednesday that the testimony of her expert witness was sufficient to support a jury's $2 million medical malpractice award in her husband's death and was not “conclusory,” as a lower court found.

  • October 10, 2018

    Cruise Line Must Litigate Wrongful Death Suit, Court Told

    The widow of a Norwegian Cruise Line employee who died while participating in a rescue drill aboard a cruise ship urged a Florida federal court to deny the company’s bid to compel arbitration of her wrongful death lawsuit, saying the dispute has already been arbitrated in the Philippines.

  • October 10, 2018

    Expert’s Noncompliance Dooms Appeal Of $1.5M Crash Award

    An Illinois appeals court has affirmed a jury’s award of $1.5 million in a suit accusing a transportation company truck driver of negligently rear-ending a woman’s vehicle causing various injuries, saying the company’s expert witness was properly excluded because he “continuously and systematically disregarded” the court’s discovery orders.

  • October 10, 2018

    NJ Appeals Court Puts Doc Back On Hook After Tainted Trial

    A New Jersey state appeals court on Wednesday overturned a jury’s finding that a doctor did not harm a woman who died of gastric cancer, saying the trial court allowed the defense to sneakily use a motion in limine to improperly kill a claim.

  • October 10, 2018

    Delta Likely To Evade $1M Suit Over Terminal Detention

    A $1 million suit brought by a noted Massachusetts doctor against Delta Airlines Inc. over his alleged false imprisonment in a London terminal is likely headed for dismissal, a federal judge said Wednesday, despite a stern warning from the doctor’s lawyer that tossing the case could pave the way for an airline “police state” on American soil.

  • October 9, 2018

    Amputee Wins $4M After Wyo. Hospital Missed Health Risks

    A Wyoming jury on Friday found that doctors and nurses at a Sweetwater County hospital breached the standard of care in treating a man whose legs needed to be amputated because it failed to properly diagnose his condition, putting him on track to collect about $4 million. 

  • October 9, 2018

    Ill. Jury Awards $50M For Child's Oxygen-Deprived Birth

    An Illinois state jury awarded $50 million on Tuesday to a boy who suffered a severe brain injury after hospital physicians failed to diagnose and treat his oxygen deprivation during birth.

  • October 9, 2018

    Covil Corp. Must Pay $32.7M Over Tire Plant Worker's Death

    A North Carolina federal jury has awarded $32.7 million in a suit accusing Covil Corp. of causing a tire plant worker's mesothelioma death due to asbestos exposure, finding the defunct pipe insulation supplier failed to warn the worker of the dangers of asbestos in the products it sold.

  • October 9, 2018

    Family Of Deceased Trucker Can Sue Missouri Co. In Mass.

    A federal judge subjected Missouri-based New Prime Inc. to Massachusetts’ long-arm statute Tuesday, ensuring the company must face a lawsuit in Massachusetts from the family of a truck driver who was killed after his instructor drove them into another vehicle.

Expert Analysis

  • 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.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.