Personal Injury & Medical Malpractice

  • February 5, 2018

    Chiquita Settles With Families Before Terrorism Trial

    Ahead of trial on claims that it supported a Colombian terrorist organization that kidnapped and killed six Americans in the 1990s, Chiquita Brands International Inc. informed a Florida federal judge at a hearing Monday that the company reached settlements with the victims’ families.

  • February 5, 2018

    Ex-USA Gymnastics Doc Gets 40 To 125 More Years In Prison

    A Michigan state judge on Monday sentenced former USA Gymnastics national team doctor Larry Nassar to 40 to 125 years in prison related to his guilty plea on multiple sexual abuse charges, tacking on even more time to the 40 to 175 years he's already been given for various acts committed against young female gymnasts.

  • February 5, 2018

    Calif. Building Not Liable For Window Washer’s Death

    Relatives of a window washer who fell to his death cannot sue the owner of the building he was washing over the absence of anchors to attach descent equipment because a contractor alone is responsible for safety — unless the hirer controlled how the work would be done, a California state appeals court ruled Friday.

  • February 5, 2018

    Sports Personal Injury Cases To Watch

    Whether to athletes on the field or fans filing into stadiums, injuries are often a major part of sports, leading to an abundance of litigation for the sports industry. Here, Law360 takes a closer look at some of the major personal injury and tort litigation that could have an impact on the sports industry this year.

  • February 2, 2018

    Md. Justices OK Expert's Use Of Medical Files In Injury Case

    Maryland’s highest court ruled Friday that medical records used by an expert trial witness were properly admitted, because the expert relied on the records to form his opinion that a woman didn’t suffer personal injuries because of a car accident, and said the records satisfied a court rule regarding such evidence.

  • February 2, 2018

    Rejected PI Deal Warrants Costs Award, Calif. Court Rules

    A California appeals court said Thursday a state law intended to encourage settlements entitled the heirs of two renters who died in a house fire to approximately $424,000 in legal expenses and interest following a $2.6 million jury verdict, because a $1.5 million settlement offer was rejected by the home's owners.

  • February 2, 2018

    Ky. Court Affirms Doc's Win In Suit Over Patient's Death

    A Kentucky appeals court on Friday affirmed a verdict in which a jury cleared a doctor accused of providing poor care to a patient who died in the aftermath of a gallbladder surgery, saying though it was a close call in some instances, the trial court did not abuse its discretion.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Florida PI Firm Sheds Never-Served Overtime Suit

    A Florida federal court on Friday dismissed one of a pair of proposed wage-and-hour class actions against personal injury law firms, saying the employee bringing the case, who claimed she was not properly paid overtime, failed to notify the firm she was suing.

  • February 2, 2018

    How To Compete For The Next Big Personal Injury Case

    An accident that grabs national attention presents significant business opportunities for personal injury firms, yet responding to the event quickly doesn’t guarantee a firm will be able to catch a foothold. Here, experts give advice on how firms looking to compete for the highest-profile cases can leave a strong impression when a prospective client calls.

  • February 2, 2018

    Texas Justices Say Expert Report OK In Eye Damage Suit

    The Texas Supreme Court ruled Friday that a medical malpractice expert report that had been previously ruled deficient, dooming a suit over a botched eye surgery, was good enough because it made a good-faith effort to both lay out the patient’s case and prove to the court that the claims had merit.

  • February 2, 2018

    7th Circ. Affirms Starbucks' Win Over Finger Amputation

    The Seventh Circuit on Friday upheld Starbucks Corp.'s quick win in a case accusing the company of negligence after a child's in-store finger injury required same-day amputation, agreeing with the lower court that the Chicago shop didn’t owe the child a legal duty since he was under his parents' supervision.

  • February 2, 2018

    6th Circ. Restores Ky. Woman's Walmart Slip-And-Fall Case

    The Sixth Circuit has revived a Kentucky woman’s slip-and-fall case against a Walmart store, finding that the lower court granted the store’s dismissal bid even though recent changes in Kentucky case law leave enough room for a jury to consider who was at fault.

  • February 1, 2018

    Hospital's $9M Agreement To Trump $43M Med Mal Verdict

    A Texas jury on Tuesday awarded approximately $43 million in a suit accusing a hospital of negligently allowing a physician on probation to treat a patient, which caused permanent injuries and the need for a liver transplant, but the hospital will only pay $9 million pursuant to a pre-existing agreement.

  • February 1, 2018

    USA Cycling Beats Suit Over Calif. Racer's Death

    A California appeals court on Thursday cleared USA Cycling Inc. of liability in a suit alleging a race support vehicle driver negligently blocked the course during a 2012 event, resulting in the death of a race participant, saying the sport’s governing body did nothing to increase inherent risks.

  • February 1, 2018

    Feds Drop Appeal Of $41.6M Infant Brain Injury Award

    The federal government on Thursday dropped its efforts to appeal a $41.6 million verdict won by the family of an infant who suffered permanent brain damage after a doctor at a health clinic negligently used forceps during delivery.

  • February 1, 2018

    Water District Shielded From Flooding Suit, Texas Panel Says

    A Texas water district won't have to face a lawsuit brought by about 50 property owners alleging it was responsible for flooding to their homes and related injuries after a state appellate court on Wednesday determined the governmental entity was immune from the claims, reversing a trial court's decision.

  • February 1, 2018

    Board Says Ill. Atty Dishonestly Took Funds From Client

    An Illinois review board has increased sanctions against an attorney who admitted to taking client funds without permission, ruling that the hearing board that initially determined the attorney’s penalty was wrong to say there was no evidence of dishonesty.

  • February 1, 2018

    Texas Appeals Court Sides With Doc In Expert Report Row

    A Texas appellate court on Thursday sided with a doctor in a medical malpractice suit, agreeing that an expert report submitted in support of the claims that he failed to remove the entirety of a toothpick from a patient's foot — leading to an abscess and bone infection — was deficient.

  • February 1, 2018

    Zip Line Incident At Camp Not Covered, Insurer Tells 8th Circ.

    Great American Alliance Insurance Co. asked the Eighth Circuit on Wednesday to find it does not have to cover a 2014 zip line accident at a church camp at a Baptist conference center, saying the policy only provides coverage for the areas named in the lease signed by the camp organizer.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • 7 Ways To Take Video Depositions That Your Jury Will Like

    Jeb Butler

    Depositions are all about sound bites. You’ll either play them for the jury on video or use them for sharp, crisp impeachment. Either way, the message must be pithy and concise, says Jeb Butler of Butler Tobin LLC.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.