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Personal Injury & Medical Malpractice

  • July 31, 2018

    Mud-Race Spectator Denied New Trial In Injury Suit

    A Wisconsin appeals court affirmed Tuesday that two mud-racing companies weren't liable when a buggy went off the track and severely injured a spectator, saying defense trial statements glossing over the existence of a prior accident at the track were "substantially true."

  • July 31, 2018

    9th Circ. Nixes Suit Against VA Over Veteran’s Lupus Death

    The Ninth Circuit has tossed a suit accusing a Veterans Affairs hospital of delaying treatment of a veteran’s lupus which contributed to his death, saying claims of negligence were properly dismissed as untimely but noting that it didn’t have the authority to rule on claims of administrative mismanagement.

  • July 31, 2018

    Mother's Depo Dooms Suit Over Daughter's Fatal Brain Injury

    A California state appeals court has tossed a suit accusing a hospital of negligently discharging a patient diagnosed with bleeding in the brain who died a day later, saying deposition testimony given by the patient’s mother contradicted claims that she had challenged staff about the discharge.

  • July 31, 2018

    NFL Concussion Settlement Pays Out Over $502M In Claims

    The special master overseeing the National Football League’s concussion settlement on Monday said that more than half a billion dollars in claims have been awarded in the past year and a half, exceeding what the NFL originally estimated it would pay out over 10 years.

  • July 31, 2018

    Mass. Court Affirms $32.5M Award For Forgotten Medical Note

    The Massachusetts Appeals Court on Tuesday affirmed a $32.5 million medical malpractice award that Atrius Health Inc. must pay the family of a patient who was paralyzed after her primary care doctor forgot to note a dangerous condition in her medical file.

  • July 31, 2018

    Doc Gets Prison For Defrauding VA Over Bogus Procedures

    A cardiologist was slammed with a 20-month prison sentence Tuesday in New Jersey federal court for defrauding the U.S. Department of Veterans Affairs out of nearly $240,000 by billing the agency for medical procedures he never performed.

  • July 31, 2018

    Utah Justices Toss $2.75M Distress Award In Malpractice Case

    The Supreme Court of Utah has set aside a $2.75 million jury verdict for emotional strain caused by an attorney’s malpractice in a personal injury case, finding that, with rare exception, a breach of contract claim cannot support this kind of damages.

  • July 31, 2018

    Feds Can't Medicate Immigrant Kids Without Consent

    A California federal judge has ordered the Trump administration to transfer all but the most unstable foreign-born minors out of a Texas residential treatment center, adding that the federal government may not medicate the children with psychotropic drugs without getting consent first.

  • July 31, 2018

    Ore. Farm Co. Let Out Of Suit Over Texas Truck Driver’s Death

    A Texas appeals panel on Tuesday dismissed an Oregon farm store company from a wrongful death suit filed by the family of a truck driver killed by falling cargo while unloading a shipment at the company's facility, finding there are not enough legally pertinent connections between the company and Texas for it to face claims there.

  • July 30, 2018

    Uber Dodges Rider’s Suit Over Driver Assault, For Now

    A Pennsylvania federal judge has dismissed a New Jersey man's suit alleging Uber is liable for hiring a driver who assaulted him over a ride dispute and left him “for dead,” but the judge gave the rider a chance to amend his claims against the ride-hailing giant.

  • July 30, 2018

    Atty Owes Doctor $8M In Malicious Prosecution Case

    An Arizona jury has awarded what a plaintiff's attorney called a record $8 million to a physician who claimed that a medical malpractice suit wrongfully alleged that he intentionally caused a patient’s death and amounted to malicious prosecution, putting the Las Vegas-based attorney who filed the suit on the hook for compensatory and punitive damages.

  • July 30, 2018

    Feds To Pay $2.4M To Exit Sepsis Suit Against NY Hospital

    A New York federal judge has approved a $2.4 million settlement to end the federal government’s involvement in a suit accusing a federally funded hospital and others of failing to properly treat a woman who died of sepsis, saying terms of the deal were fair.

  • July 30, 2018

    Drowning Victims' Kin File $100M Suit Over Duck Boat Sinking

    Family members of two people who died when a tourist boat sank in a Missouri lake and claimed 17 lives filed a $100 million lawsuit Sunday, saying the amphibious "duck boat" was dangerously designed and that the boat’s operator ignored a severe storm warning. 

  • July 30, 2018

    Texas Court Revives Suit Over Trucker's Accident Death

    A Texas appellate panel has partially revived claims by the family of an oil field truck driver that excessive on-the-road hours imposed by his company led to fatigue that caused him to fatally crash on the job.

  • July 30, 2018

    Ill. Court Affirms Builder's Win In Injured Worker's Suit

    A contractor leading a warehouse construction project isn’t responsible for injuries suffered by a subcontracted worker who fell through a roof because it didn’t tell the roofing contractor how to do its work, an Illinois appeals court said Friday.

  • July 30, 2018

    Gov't Must Pay $31M In Kidney Failure Suit, Judge Says

    An Illinois federal judge has refused to lower her just more than $31 million verdict in favor of a kidney disease patient suing the United States for malpractice while he was in a federally funded clinic, finding the case was hardly comparable to others the government cited on appeal as being similar but lower in dollar award.

  • July 30, 2018

    Houston Firm Asks Court To End Dead Firefighter Benefit Row

    Houston law firm The Hall Law Group PLLC has filed a lawsuit asking a Harris County district court judge to settle a dispute between the mother of a firefighter killed in the line of duty in 2013 and the city of Houston over $302,404 in benefits paid following his death.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

  • July 27, 2018

    $47M Baby Injury Award Slashed By Pa. Judge To $19M

    A Pennsylvania federal judge on Friday reduced a $47 million jury award to $19 million in a suit accusing a doctor of negligently caring for a newborn and causing permanent disfigurement, saying the reduced award is the highest possible without “shock[ing] the judicial conscience.”

  • July 27, 2018

    Malpractice Suit Against Atty Tossed For Lack Of Expert

    A Virginia state appellate court has tossed a woman’s malpractice claim against her attorney, saying that she needs at least an expert witness to testify as to whether the lawyer botched her underlying personal injury case and that the legal questions involved are too complex to be handled by her pro se.

Expert Analysis

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • How Courts Apply Contact-Sports Exception To Nonplayers

    Amy Crouch

    Established case law holds that a sports participant has no claim against another participant for injuries sustained during play, unless the co-participant intentionally or recklessly injured the other. In the context of concussion-based litigation, courts have grappled with how to apply that standard to entities far removed from the field of play, say Amy Crouch and Kerensa Cassis of Shook Hardy & Bacon LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.