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Personal Injury & Medical Malpractice

  • October 3, 2018

    Sheldon Silver Skirts Prison Ahead Of 2nd Circ. Appeal

    Former New York State Assembly Speaker Sheldon Silver will remain free on bail for a few more months while he appeals his bribery conviction, a Second Circuit appeals panel ruled Wednesday, just two days before he was supposed to report to prison.

  • October 3, 2018

    Fees Too Low In $18M Plane Crash Suit Deal, Court Says

    A California appellate panel on Tuesday published an opinion holding that a trial judge’s decision to grant just 10 percent attorneys' fees in an $18.1 million settlement of a wrongful death suit over a plane crash was too low and unreasonable given a much higher contingency fee agreement.

  • October 3, 2018

    SafeSport 'Overwhelmed' With Sex Abuse Claims, Sens. Hear

    U.S. Olympic sports governing bodies told federal lawmakers that the U.S. Center for SafeSport is "overwhelmed" with sexual abuse allegations and needs more financial support to continue to protect athletes in the Olympic movement amid several serious scandals.

  • October 3, 2018

    Ill. Wants Sterigenics Plant Closed Amid Cancer Concerns

    Illinois’ environmental regulator on Tuesday pushed for a temporary shutdown of a Chicago-area medical equipment facility run by Sterigenics International Inc., amid allegations that the plant has emitted a hazardous pollutant for decades.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

  • October 3, 2018

    Full 3rd Circ. To Rehear Flyer's TSA Screener Abuse Suit

    The Third Circuit said Wednesday the entire court will hold a rehearing to reconsider its previous decision finding Transportation Security Administration airport screeners to be immune to civil suits over alleged traveler abuse.

  • October 3, 2018

    Airline Must Face Passenger's 'Severe Turbulence' Injury Suit

    A Florida federal judge on Wednesday found that an Iberia airline passenger's suit claiming injuries sustained from severe turbulence while onboard a flight from Madrid to Milan can proceed under a multilateral treaty that governs airline liability for passenger injury and death.

  • October 3, 2018

    Royal Caribbean Faces 6-Figure Verdict For Ice-Skating Injury

    A Florida federal jury entered a nearly $700,000 verdict Tuesday in a negligence suit brought against Royal Caribbean Cruises Ltd. by a passenger who broke his ankle while ice-skating aboard one of its ships.

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    Md. Court Restores $3.7M Jury Award In Suit Against EMTs

    A split Maryland appeals panel on Monday reinstated a jury’s $3.7 million award in a suit accusing Baltimore emergency medical technicians of failing to properly care for a heart attack patient who later died, saying the evidence showed that the EMTs were grossly negligent.

  • October 2, 2018

    5th Circ. Won't Rethink Insurer's Win On $21M Assault Award

    The full Fifth Circuit on Tuesday refused to revisit an appellate panel’s recent ruling that Century Surety Co. doesn’t have to cover for a $21 million verdict handed down against a Texas pizza parlor owner who admittedly drugged and raped an 18-year-old woman.

  • October 2, 2018

    Duck Boat Operator Blasts $100M Suit Over Deadly Sinking

    The operator of an amphibious "duck boat" that sank in a Missouri lake in July and claimed the lives of 17 tourists has hit back at a $100 million suit lodged by victims’ families, saying the company complied with applicable regulations and the wreck was unforeseeable.

  • October 2, 2018

    Pa. Doc Can't Escape Med Mal Suit Over Newborn's Death

    Lingering questions about when a pediatrician at a federally funded health clinic was notified of a newborn’s need for medical attention will send a malpractice suit toward trial, a Pennsylvania federal judge ruled Tuesday.

  • October 2, 2018

    Facebook Accused By Trafficking Survivor Of Aiding Abuse

    A human trafficking survivor has sued Facebook, Backpage.com and others in Texas state court, accusing the social media giant and the now-defunct classified ads website of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade.

  • October 2, 2018

    NJ Atty Suspended Over $16K Referral Fee Paid To Lawyer

    The New Jersey Supreme Court has suspended a personal injury attorney for three months after he failed to show cause for why he shouldn’t be disciplined for paying another lawyer $16,000 for a single referral and for evading clients’ requests for an accounting of a $175,000 settlement.

  • October 1, 2018

    Colo. Jury Clears Docs In Patient Brain Damage Case

    A Colorado federal jury found Friday that four medical professionals who allegedly failed to diagnose and treat a brain abscess early enough to prevent serious brain damage were not negligent.

  • October 1, 2018

    Ill. Court Affirms ER Doc's Trial Win In Patient Death Suit

    An Illinois appellate panel has affirmed a defense verdict in a suit accusing an emergency room physician of failing to timely inform a patient of possible cancer, which contributed to her death, saying certain testimony was properly excluded by the trial judge.

  • October 1, 2018

    Grain Co. Must Pay BNSF's Defense Of Fatal Train Crash Suit

    An Oklahoma federal judge on Monday ruled that a grain and fertilizer company that leased land from BNSF Railway Co. must fund the railroad giant's defense of a lawsuit over a train collision that left a truck driver dead, while also holding that BNSF is not entitled to coverage from the lessee's insurer.

  • October 1, 2018

    NCAA Must Face Ex-Purdue Players' Concussion Claims

    An Illinois federal judge Friday let two ex-Purdue University football players go forward with most of their putative class claims that the National Collegiate Athletic Association and the Big Ten Conference hid the risks of repetitive brain trauma.

  • October 1, 2018

    Justices Won't Review Janssen's Liability For Risperdal Death

    A California appellate court’s decision that Janssen Pharmaceuticals can’t be blamed for a doctor’s error during a clinical trial for the antipsychotic medication Risperdal will hold up, after the U.S. Supreme Court on Monday turned away an appeal from the mother of a patient who died during the trial. 

Expert Analysis

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.

  • Looking Forward To Oral Argument In BNSF V. Loos

    Christopher Collier

    In the coming term, the U.S. Supreme Court will hear oral argument in BNSF Railway v. Michael Loos and decide whether a railroad employer is required to withhold employment tax from work-related personal injury awards. The ruling will affect thousands of claims made by railway workers each year, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.