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Personal Injury & Medical Malpractice

  • January 7, 2019

    Atty's Words Downed Award Against Supermarket, Panel Says

    New England supermarket chain Market Basket has avoided a $500,000 jury award to a woman who injured herself in one of its stores, as a Massachusetts Appeals Court panel ruled Monday that a judge was within her discretion to grant a new trial after allegedly improper statements by the woman’s lawyer during closing arguments.

  • January 7, 2019

    Judiciary Pushes Back Day It Will Go Broke Over Shutdown

    The U.S. judiciary has pushed back the date it is expecting to run out of money over the government shutdown to next week, increasing the chances that the impasse will resolve before courts may have to start cutting staff and delaying litigation.

  • January 7, 2019

    Samsung Phone Caught Fire And Injured Family, Suit Claims

    Samsung Electronics Co. Ltd. should have to pay for injuries sustained by a Colorado family when the battery of a Galaxy S7 cellphone produced by the Korean electronics maker allegedly overheated and caught fire, according to a complaint removed to federal court on Friday.

  • January 7, 2019

    Mass. Court Says Nursing Home Must Face Patient Death Suit

    A Massachusetts appeals court on Monday revived a suit accusing a nursing home of failing to diagnose a man’s bacterial infection that purportedly contributed to his death, saying a medical expert plausibly opined that the hospital’s treatment breached the standard of care.

  • January 4, 2019

    Johns Hopkins, Others Lose Bid To Kill Syphilis Study Suit

    Johns Hopkins University, Bristol-Meyers Squibb Co. and the Rockefeller Foundation, accused of participating in controversial syphilis experiments in Guatemala during the 1940s and 1950s, failed to show that their status as corporations protects them from liability under the Alien Tort Statute, a Maryland federal judge said Thursday.

  • January 4, 2019

    6th Circ. Keeps Flint Water Suit Alive, Cutting Some Claims

    The Sixth Circuit on Friday refused to toss a suit alleging Michigan state officials and the city of Flint violated the bodily integrity of residents by exposing them to contaminated water, although it nixed certain claims against other officials.

  • January 4, 2019

    LA Fitness Beats Suit Over Employee Who Killed Bicyclist

    A California appeals court on Thursday cleared LA Fitness in a suit accusing the fitness club chain of being responsible for the death of a bicyclist struck by an employee sent home for being high on drugs, saying the club can’t be held legally responsible.

  • January 4, 2019

    Pa. Court Sends Nursing Home Death Claims To Arbitration

    A Pennsylvania appeals court on Friday sent some of a deceased woman’s estate’s claims against a nursing home to arbitration, finding that the woman’s husband had the authority to sign an arbitration agreement on behalf of his wife when she was admitted to the facility.

  • January 4, 2019

    Hospital Denied Win In Negligence Coverage Fight With Pa.

    A Pennsylvania court on Friday refused to hold that a state-managed medical malpractice insurance fund must cover a hospital’s costs to defend a lawsuit accusing it of negligently leaving a surgical sponge inside a patient for eight years, saying it is unclear based on the current record whether the coverage is available.

  • January 4, 2019

    Carnival Found Not Liable For Passenger's Overboard Death

    A Florida federal judge entered judgment Friday in favor of Carnival Corp. in a negligence suit brought by a passenger's widower, ruling the cruise line should not be held liable for the death of a woman who fell overboard because it had not been put on notice that she was dangerously intoxicated.

  • January 4, 2019

    Deceased Minor Leaguer’s Mom Wants Suit In Eastern Mich.

    The mother of a deceased minor league basketball player on Thursday urged a Michigan federal court not to move her case against the Detroit Pistons, the NBA and others over her son’s death from a heart attack during a game, even though some defendants have asked to move it closer to where the death occurred.

  • January 4, 2019

    Anyone Served In Mass. Can Be Sued In Mass., Justices Rule

    Massachusetts’ top court on Friday ruled that a nonresident can be sued in a Bay State court if served with a complaint while knowingly and voluntarily in the state, clarifying a previously unaddressed jurisdictional question and reviving a suit over a college softball hazing incident.

  • January 4, 2019

    Aspiring Atty Can't Add $2.3M To Botched Surgery Verdict

    A California appeals court on Thursday refused to add $2.3 million in prejudgment interest to a $5.6 million verdict won by an aspiring attorney whose schooling was derailed after a botched surgery at Cedars-Sinai Hospital, ruling the woman’s offer to settle the case before trial wasn’t made in good faith.

  • January 3, 2019

    Ex-NHL Player Slams NJ Devils With Head Injury Suit

    Former National Hockey League player Michael Peluso hit the New Jersey Devils on Thursday with a lawsuit in New Jersey federal court alleging the team concealed the risk of long-term neurological problems if he suffered further head injuries, a few months after a Minnesota federal judge said Peluso could not pursue similar claims in that state.

  • January 3, 2019

    Clinic Wants Judge DQ'd In Suit Alleging Botched Surgery

    A plastic surgery clinic is seeking to disqualify a Michigan federal judge in a suit accusing a doctor and the clinic of botching a woman's breast augmentation procedure, saying the judge played favorites by giving the woman a legal "road map" to preserve certain claims.

  • January 3, 2019

    Insurer Needn't Cover Fracking Well Fire Suits, Judge Says

    A North Dakota federal judge ruled Thursday that Great West Casualty Co. has no duty to defend or indemnify an Exxon Mobil Corp. unit or two contractors against lawsuits filed by a pair of workers who were injured in a fire near a fracking well, finding that a policy exclusion for injuries stemming from fracking operations clearly bars coverage.

  • January 3, 2019

    Va. Prison Ordered To Heed Health Settlement After 4 Deaths

    A Virginia federal judge on Wednesday ordered senior officials at the state’s Department of Corrections to comply with the terms of a settlement over health care at a women’s prison, citing the deaths of four women since the agreement was approved in 2016.

  • January 3, 2019

    Former KC Chiefs Player's Ex-Wife Can't Exit Concussion Deal

    A Pennsylvania federal judge on Thursday dismissed a suit brought against the Kansas City Chiefs by a former player's ex-wife alleging concussions he sustained from playing hurt their relationship, finding that she cannot claim she informally opted out of a 2015 settlement the NFL had reached with players in multidistrict litigation.

  • January 3, 2019

    Oil Recycling Co. Must Face Suit Over Highway Spill

    A Texas appeals court has revived a woman’s claim that chemicals leaking from a passing truck onto the hood of her car caused a host of medical problems for her and her children, overturning a previous summary judgment ruling in favor of an oil recycling company.

  • January 3, 2019

    Doctor Fights Pill Mill 'Impostor's' Bid To Ax TM Suit

    An Illinois physician suing a doctor of the same name for allegedly stealing his reputation as a pain specialist to run a “pill mill” that led to the “impostor’s” indictment shot back on Wednesday against the defendant doctor’s bid to dismiss the suit, saying his claims are rock solid.

Expert Analysis

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Autonomous Vehicles And UK Product Liability Law: Part 1

    Michaela Herron

    Autonomous vehicles present a number of challenges to the United Kingdom's product liability legal framework, especially with regard to the vehicles' heavy reliance on software, consumers' expectations of safety and the need for compliance with varying local traffic rules, says Michaela Herron of Bristows LLP.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.