Personal Injury & Medical Malpractice

  • May 10, 2018

    7th Circ. Undoes $1M CVS Verdict In 'Pill Mill' Doc Case

    The Seventh Circuit has reversed an Indiana jury’s finding that CVS Pharmacy Inc. owed $1 million to a doctor who claimed the pharmacy defamed him when it refused to fill his prescriptions, ruling the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the case back for retrial.

  • May 10, 2018

    Philly Nurse Charged In Death Of H.R. McMaster's Father

    A nurse at a Presbyterian Senior Living facility in Philadelphia was slapped with criminal charges on Thursday for her alleged role in the death of the 84-year-old father of ex-Trump administration national security adviser Lt. Gen. H.R. McMaster Jr.

  • May 10, 2018

    Pa. Athletic Assoc. Can't Nix Student Concussion Duty Claims

    A state judge has shot down what he said were the Pennsylvania Interscholastic Athletic Association’s efforts to relitigate the scope of its alleged duties to protect high school athletes from concussions after an October appeals court ruling in an ongoing class action.

  • May 10, 2018

    Sheldon Silver, Feds Make Final Case To Jury In 2nd Graft Trial

    Prosecutors and defense lawyers made their closing arguments to a Manhattan federal jury on Thursday in the retrial of former New York State Assembly Speaker Sheldon Silver on charges that he used the powers of his office to take in $5 million in bribes and fraud proceeds.

  • May 10, 2018

    NFL Teams Tell 9th Circ. RICO Painkiller Claim Is Too Old

    National Football League teams told the Ninth Circuit on Wednesday former players can’t revive their Racketeering Influenced and Corrupt Organizations claim alleging the teams encouraged painkiller abuse because the athletes knew of their alleged injuries about a decade before bringing the claim.

  • May 9, 2018

    RI Justices Revive Hockey Player’s Injury Suit Against Arena

    Rhode Island’s high court has revived claims by a former college hockey player that an arena’s release of toxic fumes injured him, saying there’s a clear-cut factual dispute over the arena’s knowledge, or lack thereof, of the allegedly dangerous condition.

  • May 9, 2018

    Ind. Hotel-Casino Not Liable For Guest’s Rape, Court Says

    An Indiana appeals court on Wednesday affirmed the dismissal of a suit accusing a hotel and casino operator of being responsible for the rape of a hotel guest in her room, saying the attack was not foreseeable by the hotel given the circumstances.

  • May 9, 2018

    $5M Award For Baby Bowel Injury 'Excessive,' NY Court Says

    A New York appeals court ruled Wednesday that a jury's $5 million award was excessive in a suit accusing a hospital of causing an infant's bowel injury stemming from an infection, saying the jury had determined that the hospital exacerbated the injury but didn't cause it.

  • May 9, 2018

    Patient's Expert Sinks Suit Against Plastic Surgeon: NJ Court

    A New Jersey appellate court Wednesday upheld the tossing of a woman’s malpractice suit against a plastic surgeon for what she alleges was negligently executed liposuction, thigh fat grafting and nose work, saying her case rested on an expert specializing in the wrong field.

  • May 9, 2018

    Court Asked To Force Investment Firms To Repay Ex-NFLers

    Counsel for the class in the National Football League’s uncapped concussion settlement Tuesday asked a Pennsylvania federal court for sanctions against a group of related financial firms they say have failed to account for funds invested by class members.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    Snowboarder's Injury Suit Against Pa. Resort Sent To Trial

    A Pennsylvania federal judge has found a trial is necessary in a suit accusing Big Boulder of negligence in a snowboarder's accident, saying there are questions of where personal responsibility ended for the snowboarder and where negligence — if there was any — began for the resort.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 8, 2018

    Sandy Hook Parents' Suit Over Security Failures Tossed

    A Connecticut state judge has ruled that the town of Newtown and its school district are immune to liability in a suit alleging negligence in connection with the Sandy Hook Elementary School massacre, saying school officials are shielded from claims that certain security protocols were not properly implemented.

  • May 8, 2018

    Chiquita Can't Escape Claims Under Anti-Terrorism Act

    A Florida federal judge overseeing multidistrict litigation alleging Chiquita funded right-wing Colombian paramilitaries on Tuesday denied the company’s bid to escape Anti-Terrorism Act claims from the family of a man who was kidnapped for ransom and eventually killed by a paramilitary group.

  • May 8, 2018

    Litigation Funder Tries To Recover Advance To NFL Player

    A third-party claims funder asked a Pennsylvania federal court on Tuesday to allow arbitration proceedings against a former National Football League player who is refusing to repay an advance of a portion of his potential recovery from an uncapped settlement in multidistrict litigation over brain injuries.

  • May 8, 2018

    NY Doc’s Legionnaires’ Outbreak-Linked Firing Suit Revived

    A New York appeals court on Tuesday revived the claim of an attending physician in Lincoln Hospital's Department of Infectious Diseases alleging he was fired in retaliation for refusing to comply with an alleged policy of not testing the residential drinking water of patients with Legionnaires’ disease.

  • May 8, 2018

    9th Circ. ‘Regretfully’ Bars Navy Officer Widower's Suit

    The Ninth Circuit on Monday refused to revive a widower’s suit over his Navy officer wife’s death in childbirth at a military hospital, saying the court is “regretfully” bound by a controversial 68-year-old U.S. Supreme Court decision that bars service members from suing the government.

  • May 8, 2018

    Pa. College Wants Ex-Baseball Player's Injury Suit Rejected

    A public Pennsylvania university accused of being responsible for a baseball player’s head injury asked a federal court to toss the suit on Tuesday, saying the claims are subject to state court jurisdiction and are otherwise barred under the doctrine of sovereign immunity.

  • May 8, 2018

    50 Cent Concert Injury Liability May Be Unreviewable: Court

    The Appeals Court of Massachusetts on Tuesday was skeptical about whether it was within its power to revisit and possibly raise a pair of personal injury judgments entered against 50 Cent in a suit brought by a pair of women who said they were injured after the rapper sparked a melee by leaping into a concert crowd.

Expert Analysis

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Changes For Youth Football In California And Beyond

    Anne Marie Ellis

    Two California legislators recently announced a bill designed to prevent brain injuries during youth football games by restricting tackle football programs to the high school level. Organizations with youth football programs should anticipate that jurisdictions throughout the country will begin advancing similar restrictions, say Anne Marie Ellis and Paul Alarcon of Buchalter PC.

  • Assessing Changes To The Jones Act Litigation Landscape

    Dennis Vega

    A federal judge in New York, in Alford v. CBS Corporation, recently held that the federal officer removal statute overrides the statute prohibiting removal of Jones Act claims. The ruling stands to have far-reaching impact in litigation in which the federal government’s involvement has been a factor, say Dennis Vega and Afigo Okpewho-Fadahunsi of Tanenbaum Keale LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Bankruptcy Notice Lessons From Lyondell

    Robert Millner

    The Eighth Circuit’s decision in Dahlin v. Lyondell Chemical Co., addressing what a debtor needs to include in a claim bar date notice to unknown creditors, makes clear that due process in the notice context is rooted in reasonableness, say Robert Millner and Geoffrey Miller of Dentons.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.