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Personal Injury & Medical Malpractice

  • May 11, 2018

    Ex-NHL Enforcer Claims New Evidence In Concussion Suit

    Former National Hockey League "enforcer" Michael Peluso on Thursday asked a Minnesota federal court for permission to file an amended complaint in his concussion suit against his former teams, saying he has new evidence the teams knew he did have a brain injury and not just a risk of one.

  • May 11, 2018

    US Escapes Marine's Sex Abuse Suit Over VA Psychologist

    A federal judge in Maryland has dismissed a Marine's suit against the government alleging the psychologist treating him at a Veterans Affairs hospital initiated an inappropriate sexual relationship with him for purportedly therapeutic purposes, ruling the government is protected under sovereign immunity.

  • May 11, 2018

    Ex-Nurse Gets 6 Years For Hiring Phony Therapists

    A former nurse practitioner has been sentenced to six years in prison for passing off unlicensed people, including a convicted felon, as mental health professionals and having them provide psychiatric care to patients through the mental health care business she operated in Pennsylvania.

  • May 10, 2018

    3rd Circ. Affirms Pa. Doctor's Trial Win In Patient Death Suit

    The Third Circuit affirmed a defense verdict in a suit alleging a patient’s death was caused by a doctor’s failure to surgically implant a feeding tube as requested by the patient’s son as power of attorney, saying on Thursday the doctor’s medical expert testimony was properly admitted at trial.

  • May 10, 2018

    Md. Atty Again Disciplined For Hiding Previous Suspension

    A Maryland appeals court on Thursday upheld an attorney’s indefinite suspension for failing to inform a client he was suspended because of a separate matter and for his continued work on the client’s personal injury case thereafter, despite his claim he was only assisting his client in finishing the job.

  • May 10, 2018

    Ind. Doctor Can’t Dodge Med Mal Suit Under Free Speech Law

    The Indiana Supreme Court on Thursday unanimously revived a medical malpractice suit accusing a pediatrician of improperly reporting to state authorities alleged "medical child abuse," saying a state law barring lawsuits that infringe free speech rights does not apply.

  • May 10, 2018

    7th Circ. Undoes $1M CVS Verdict In 'Pill Mill' Doc Case

    The Seventh Circuit has reversed an Indiana jury’s finding that CVS Pharmacy Inc. owed $1 million to a doctor who claimed the pharmacy defamed him when it refused to fill his prescriptions, ruling the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the case back for retrial.

  • May 10, 2018

    Philly Nurse Charged In Death Of H.R. McMaster's Father

    A nurse at a Presbyterian Senior Living facility in Philadelphia was slapped with criminal charges on Thursday for her alleged role in the death of the 84-year-old father of ex-Trump administration national security adviser Lt. Gen. H.R. McMaster Jr.

  • May 10, 2018

    Pa. Athletic Assoc. Can't Nix Student Concussion Duty Claims

    A state judge has shot down what he said were the Pennsylvania Interscholastic Athletic Association’s efforts to relitigate the scope of its alleged duties to protect high school athletes from concussions after an October appeals court ruling in an ongoing class action.

  • May 10, 2018

    Sheldon Silver, Feds Make Final Case To Jury In 2nd Graft Trial

    Prosecutors and defense lawyers made their closing arguments to a Manhattan federal jury on Thursday in the retrial of former New York State Assembly Speaker Sheldon Silver on charges that he used the powers of his office to take in $5 million in bribes and fraud proceeds.

  • May 10, 2018

    NFL Teams Tell 9th Circ. RICO Painkiller Claim Is Too Old

    National Football League teams told the Ninth Circuit on Wednesday former players can’t revive their Racketeering Influenced and Corrupt Organizations claim alleging the teams encouraged painkiller abuse because the athletes knew of their alleged injuries about a decade before bringing the claim.

  • May 9, 2018

    RI Justices Revive Hockey Player’s Injury Suit Against Arena

    Rhode Island’s high court has revived claims by a former college hockey player that an arena’s release of toxic fumes injured him, saying there’s a clear-cut factual dispute over the arena’s knowledge, or lack thereof, of the allegedly dangerous condition.

  • May 9, 2018

    Ind. Hotel-Casino Not Liable For Guest’s Rape, Court Says

    An Indiana appeals court on Wednesday affirmed the dismissal of a suit accusing a hotel and casino operator of being responsible for the rape of a hotel guest in her room, saying the attack was not foreseeable by the hotel given the circumstances.

  • May 9, 2018

    $5M Award For Baby Bowel Injury 'Excessive,' NY Court Says

    A New York appeals court ruled Wednesday that a jury's $5 million award was excessive in a suit accusing a hospital of causing an infant's bowel injury stemming from an infection, saying the jury had determined that the hospital exacerbated the injury but didn't cause it.

  • May 9, 2018

    Patient's Expert Sinks Suit Against Plastic Surgeon: NJ Court

    A New Jersey appellate court Wednesday upheld the tossing of a woman’s malpractice suit against a plastic surgeon for what she alleges was negligently executed liposuction, thigh fat grafting and nose work, saying her case rested on an expert specializing in the wrong field.

  • May 9, 2018

    Court Asked To Force Investment Firms To Repay Ex-NFLers

    Counsel for the class in the National Football League’s uncapped concussion settlement Tuesday asked a Pennsylvania federal court for sanctions against a group of related financial firms they say have failed to account for funds invested by class members.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    Snowboarder's Injury Suit Against Pa. Resort Sent To Trial

    A Pennsylvania federal judge has found a trial is necessary in a suit accusing Big Boulder of negligence in a snowboarder's accident, saying there are questions of where personal responsibility ended for the snowboarder and where negligence — if there was any — began for the resort.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 8, 2018

    Sandy Hook Parents' Suit Over Security Failures Tossed

    A Connecticut state judge has ruled that the town of Newtown and its school district are immune to liability in a suit alleging negligence in connection with the Sandy Hook Elementary School massacre, saying school officials are shielded from claims that certain security protocols were not properly implemented.

Expert Analysis

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

  • How Juries View Active Shooter Premises Liability

    Bliss Piverger

    Trial consultants Bliss Piverger and Christina Marinakis of Litigation Insights Inc. discuss how jurors’ feelings about safety in the wake of a mass shooting can influence their views on lawsuits against premises owners, security companies, event organizers, gun manufacturers and social media platforms.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.

  • The Art And Science Of Investigative Questions: Part 5

    David Dolkas

    In the final article in this five-part series, longtime trial lawyer David Dolkas discusses Level One and Level Two investigative questioning.

  • The Art And Science Of Investigative Questions: Part 4

    David Dolkas

    In the fourth article of this five-part series, longtime trial lawyer David Dolkas discusses the Sawatsky method and, specifically, the importance of asking who, what, when, where, why and how questions.

  • The Art And Science Of Investigative Questions: Part 3

    David Dolkas

    In the third article of this five-part series, longtime trial lawyer David Dolkas contrasts tough questions with tough-sounding questions and discusses which are likely to elicit more information from a source or witness.