Personal Injury & Medical Malpractice

  • February 7, 2018

    7th Circ. Affirms $2.75M Awarded To Truck Driver's Estate

    A Seventh Circuit panel on Tuesday affirmed a $2.75 million judgment awarded to the estate of a truck driver who died in a fiery collision with another truck, despite defendants' objections the jury had faulty instructions and parts of the award were invalid.

  • February 7, 2018

    TxDOT Contractor Didn't Cause Ice Patch That Killed Driver

    A Texas federal judge on Wednesday said a Texas Department of Transportation contractor is immune to a suit alleging negligence in connection with a driver’s car-accident death, saying the contractor was in compliance with its roadwork contract with TxDOT, which conducted daily inspections of the work performed.

  • February 7, 2018

    School Snags Win Against Insurer Over $10M Policy Trigger

    The Anchorage School District has scored a quick win against Starr Indemnity and Liability Co. that will unlock $10 million in excess coverage, after an Alaska federal court ruled Wednesday that another insurer’s direct payout to an injured student was enough to activate the Starr policy.

  • February 7, 2018

    Insurer Must Cover Fraud Claims Against NJ Atty, Judge Says

    Evanston Insurance Co. must defend a New Jersey attorney against a state court lawsuit brought by Allstate accusing his firm and others of participating in a fraudulent personal injury protection claims scheme, because the allegations relate directly to his legal services, a federal judge ruled Wednesday.

  • February 7, 2018

    11th Circ. Favors Publix Super Markets In Slip-And-Fall Suit

    A three-judge Eleventh Circuit panel on Wednesday affirmed a verdict for supermarket chain Publix in a slip-and-fall suit, rejecting the injured woman and her health care company's argument that the lower court made errors during the litigation.

  • February 7, 2018

    Johnny Mathis Must Face Paralyzed Window Washer’s Suit

    A worker left paralyzed after falling off singer Johnny Mathis’ roof has been given a second chance at suing the celebrity, as a California appellate court on Tuesday found enough evidence for a jury to consider whether the 2012 fall occurred because of dangerous conditions or the worker’s carelessness.

  • February 7, 2018

    Ill. Court Slashes $22M Med Mal Verdict After Patient’s Death

    An Illinois appellate court on Tuesday slashed a $22 million jury verdict in a suit accusing a Chicago hospital of causing a woman’s permanent brain damage by allowing a blood clot to form in a breathing tube, vacating a jury’s $15 million award for future damages because the patient died while the jury was deliberating.

  • February 7, 2018

    Hospital To Face Some Claims In Last Meningitis MDL Case

    In the final case in multidistrict litigation over a deadly 2012 meningitis outbreak, a Maryland surgery center must face negligence claims from the estate of a deceased woman, but can’t be held liable for punitive damages, a Massachusetts federal judge ruled Wednesday.

  • February 7, 2018

    4 Premises Liability Cases To Know

    Premises liability cases often involve standard “slip and fall” incidents, but some notable cases stand out for their potential effects on hospitality and other industries, such as the wave of cases that have arisen after the mass shooting at the Mandalay Bay hotel in Las Vegas. Here, Law360 runs down some premises liability cases to know about.

  • February 6, 2018

    After Tragedy, Mom Says Pharmacists Must Seek Docs' Rx OK

    The Massachusetts Supreme Judicial Court on Tuesday considered giving pharmacists new legal obligations in the wake of a young woman's death from seizure complications while her epilepsy medication was caught in administrative limbo.

  • February 6, 2018

    Ill. Court Tosses Wrongful Death Suit Filed 1 Day Late

    An Illinois appeals court on Monday affirmed the dismissal of a suit accusing a tow truck driver of negligently running over a man in a crosswalk and causing his death, ruling the victim’s brother can’t use his brother’s purported disability as an excuse for filing the suit one day after the expiration of the statute of limitations.

  • February 6, 2018

    2nd Circ. Says Conn. School Must Pay $41M Injury Verdict

    The Second Circuit on Tuesday ruled that a private Connecticut boarding school must pay $41 million to a former student who contracted a tick-borne disease while on a school trip to China, causing paralysis, saying the trial judge properly allowed certain expert testimony regarding study-abroad programs.

  • February 6, 2018

    U-Haul Tells Texas Justices Accident Expert Has Conflicts

    A U-Haul International Inc. unit asked the Texas Supreme Court on Monday to disqualify an accident reconstruction expert in a suit claiming a U-Haul employee negligently injured a motorcyclist, saying the expert is a constable in the precinct where the accident occurred so conflicts of interest exist.

  • February 6, 2018

    Hospital Can't Face Negligent Diagnosis Claims, 8th Circ. Says

    The Eighth Circuit has affirmed the dismissal of a woman’s claim that a nonprofit Missouri hospital is among those to blame for an allegedly late diagnosis of breast cancer, finding that just because her doctor had staff privileges there doesn’t make him tantamount to a hospital employee.

  • February 6, 2018

    White Sox Want Ex-Yankee's Injury Suit Moved To Fed. Court

    The Chicago White Sox on Tuesday said a suit filed against the organization by a former New York Yankees outfielder who alleged he was injured at a June game at Guaranteed Rate Field should be removed to federal court because it hinges on a labor agreement.

  • February 6, 2018

    UPenn Hospital Can't Yet Exit Brain-Damage Suit, Judge Says

    A Pennsylvania federal judge on Tuesday declined to dismiss a lawsuit claiming a University of Pennsylvania-owned hospital severely damaged an emergency room patient’s brain by making her wait hours for treatment, saying more evidence is necessary to resolve the matter.

  • February 6, 2018

    Patient Didn't Show Rehab Center Caused Injury, Court Finds

    The New Jersey Appellate Division on Tuesday ruled that a rehab center patient should have provided a medical expert’s opinion to prove his contention that his postoperative physical therapy caused permanent injury, refusing to revive his lawsuit against the rehab center.

  • February 6, 2018

    Doc Must Face Undiagnosed Heart Disease Suit, Court Says

    The Massachusetts Appeals Court on Tuesday revived claims that a primary care physician caused a patient’s death at the age of 46 by failing to diagnose his heart disease, finding that a medical malpractice review panel wrongly determined there was insufficient evidence.

  • February 6, 2018

    Screening Lapses Led To Pair Of Train Crashes, Feds Say

    New Jersey Transit's and the Long Island Rail Road's failures to adequately screen their engineers for obstructive sleep apnea contributed to the 2016 commuter train crash that killed a lawyer and injured 110 others in Hoboken, New Jersey, and the 2017 crash that injured 108 in Brooklyn, federal transportation safety investigators said Tuesday.

  • February 6, 2018

    Final OK Of NCAA Concussion Deal Again Stalls Over Notice

    The judge overseeing concussion litigation against the NCAA in Illinois federal court again delayed final approval of a $75 million settlement after learning Tuesday — for the second time — that thousands of current and former student-athletes have yet to be notified of the deal.

Expert Analysis

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.