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Personal Injury & Medical Malpractice

  • November 5, 2018

    Family Dollar Slip-And-Fall Suit Can Be Amended: 11th Circ.

    The Eleventh Circuit has revived a slip and fall suit against Family Dollar, saying the lower court made a "clear error" in preventing a Georgia woman from amending the suit to name the store manager because it would have cost the federal court its jurisdiction.

  • November 5, 2018

    Fears Nachawati Adds Ex-DOJ Opioid Specialist In Dallas

    Fears Nachawati PLLC has added a former U.S. Department of Justice litigator with a specialty in opioid and mass tort litigation in its Dallas office, the firm has announced.

  • November 5, 2018

    Feds Say They're Immune To Texas Church Shooting Suits

    One year after ex-U.S. Air Force Airman Devin Patrick Kelley killed nearly 30 people in a shooting at a Texas church, the federal government has urged a Texas federal court to dismiss the victims' families' wrongful death suits, saying federal law grants the government immunity to their claims.

  • November 2, 2018

    Conflicting Witnesses Don't Doom Ga. Patient's Surgery Suit

    A Georgia appeals court has revived a suit accusing a surgeon of failing to reposition a patient during a nine-hour surgery and thereby causing him nerve damage, saying the patient’s expert provided sufficient testimony on how the injury was allegedly caused by the doctor.

  • November 2, 2018

    AIG Unit Not Liable For $2.5M Dive Boat Injury Judgment

    A Florida federal judge ruled on Friday that an American International Group insurer doesn’t have to cover a dive company’s $2.5 million settlement of a former instructor’s lawsuit alleging she was left permanently disabled after suffering decompression sickness on the job, finding that the company’s policy doesn’t cover injuries to crew members.

  • November 2, 2018

    NCAA Bears Blame In Ex-Player's CTE Death, Suit Claims

    The National Collegiate Athletics Association is facing a suit from an Illinois woman claiming the association failed to protect her deceased ex-husband from the brain damage he sustained playing football for Iowa State and Purdue University in the late 1980s.

  • November 2, 2018

    DaVita Settles After $384M Verdict In Patient Danger Suits

    National dialysis chain DaVita Healthcare Partners Inc. has reached a settlement with the families of three patients who won a $384 million jury verdict in suits claiming their relatives died when DaVita knowingly used a dangerous solution during their treatment, according to a motion filed in Colorado federal court.

  • November 2, 2018

    Va. Justices Revive Patient Privacy Suit Against Health Clinic

    The Virginia Supreme Court has partially revived a suit accusing two health clinic employees of disclosing a woman’s confidential medical information to others, saying the employees were plausibly acting within the scope of their employment when the alleged disclosure occurred.

  • November 1, 2018

    6th Circ. Revives Civil Rights Suit Over Fatal Bus Crash

    The Sixth Circuit on Thursday revived a putative class action seeking to hold a Tennessee school district liable for a bus crash that killed six elementary school students, ruling that an injured student had sufficiently alleged the district infringed his constitutional rights.

  • November 1, 2018

    Soundgarden Singer's Widow Blames Doctor For His Death

    Vicky Cornell, widow of late Soundgarden frontman Chris Cornell, filed a medical malpractice suit against her husband’s doctor in Los Angeles court Thursday, accusing the doctor of "negligently and repeatedly prescribing dangerous, mind-altering" medication to the singer, which ultimately led him to take his own life.

  • November 1, 2018

    Late Notice Sinks Lafarge Bid For $1.4M Injury Deal Coverage

    A New York appeals court said Thursday that Harleysville Insurance Co. of New York need not help cover Lafarge Building Materials Inc. for an underlying $1.4 million settlement with an injured contractor because Lafarge waited months to tell Harleysville there was legal action in the offing.

  • November 1, 2018

    Texas Panel OKs Ex-Client's Malpractice Arbitration Award

    A Texas appeals court affirmed Thursday that a law firm and two lawyers owe almost $460,000 for dropping the ball in a client's medical malpractice suit, saying the arbitrator who awarded the damages had wide latitude.

  • November 1, 2018

    Investor Sues Honeywell Over Asbestos-Linked Stock Drop

    A stockholder in Honeywell International Inc. has filed a putative class action in New Jersey federal court alleging executives delayed revealing billions of dollars in looming liability the company faced over an automotive brake manufacturer it once owned that used asbestos in its materials.

  • November 1, 2018

    NECC Quality Control Manager Gives Combative Testimony

    The former head of quality control at the New England Compounding Center alternately fought back tears and sparred with a defense attorney Thursday during a tense day in Boston federal court, where a trial for six employees of the now-shuttered company whose moldy drugs sparked a national meningitis outbreak neared the end of its third week.

  • November 1, 2018

    NJ-NY Train System Must Face Ex-Worker's Diesel Fumes Suit

    A New Jersey state appeals court on Thursday revived a suit against the Port Authority Trans-Hudson Corp. by a former train system employee alleging she fainted due to her exposure to diesel fumes at work and suffers from post-traumatic stress disorder, saying she passed the requisite test to pursue her claims under the Federal Employers' Liability Act.

  • October 31, 2018

    Families Of Duck Boat Victims Fight Operator's Bid To Nix Suit

    The estates of two of the 17 people killed when a duck boat sank in Missouri last summer urged a federal court Wednesday not to dismiss certain claims in their suit against tour operator Ripley Entertainment, saying they were properly pled.

  • October 31, 2018

    Calif. Panel Tosses 'Desperate Housewives' Firing Row

    A California appeals court has tossed "Desperate Housewives" star Nicollette Sheridan's suit alleging Touchstone Television Productions LLC unlawfully fired her for complaining that producer Marc Cherry assaulted her, saying she failed to present sufficient evidence to support a retaliation claim.

  • October 31, 2018

    Insurer Suit Against Doc Paused For 5th Amendment Concern

    A Nevada federal judge ordered a stay on National Fire & Marine Insurance Co.’s suit against a doctor on Wednesday, finding that allowing the suit to go forward would force the doctor to choose between maintaining his Fifth Amendment rights in a criminal proceeding or effectively fighting the lawsuit.

  • October 31, 2018

    Mich. Hospital Roped Back Into Patient MRI Death Suit

    A Michigan appeals court has revived claims against a hospital in a suit accusing it and others of causing injuries to a patient during an MRI that ultimately led to his death, saying medical experts for the patient’s estate offered sufficient testimony that was not speculative.

  • October 31, 2018

    Ex-NFL Player Fights To Keep ERISA Suit In Play

    A former NFL player is urging a New York federal court not to spike his Employee Retirement Income Security Act suit claiming players weren’t properly informed about their retirement benefits, arguing the NFL players union and other defendants are trying to “rewrite” his allegations.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 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.