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Personal Injury & Medical Malpractice

  • January 1, 2019

    Construction Cases To Watch In 2019

    This year, storm-damaged Texas homes, a Nevada limit on how much work one contractor is allowed to do and musician Johnny Mathis' potential responsibility for a contractor's fall are all important parts of construction cases attorneys plan to keep an eye on as they work their way through court.

  • December 21, 2018

    California Nursing Facility Cleared In Elder Abuse Appeal

    A California appeals court on Wednesday affirmed a lower court's ruling that a Compton nursing facility isn't at fault for an elderly woman's multiple falls while living there, ending her son's bid to revive claims of elder abuse.

  • December 20, 2018

    Uber, Others Must Face Auto Collision Injury Suit

    An Illinois appellate court on Wednesday revived a lawsuit over injuries two people suffered after an Uber driver kicked them out of their ride in an allegedly dangerous area, saying the driver could have reasonably foreseen that a speeding car could hit them.

  • December 20, 2018

    Calif. Court Revives Suit Over Worker Crash In Company Car

    A California appeals court on Thursday revived a suit accusing a ranch of being responsible for a man’s injuries, saying because an employee was on call 24 hours a day, he was plausibly acting in the scope of his employment when he crashed a company-owned vehicle while on personal business.

  • December 20, 2018

    ProPublica, Texas Newspaper Can't Skirt Surgeon's Libel Suit

    A Texas state judge has rejected the Houston Chronicle and ProPublica's bid to shake a heart transplant surgeon's suit alleging they defamed him in an article by accusing him of research violations and poor surgical outcomes, ruling the surgeon had shown the story gave readers "false impressions" about him.

  • December 20, 2018

    Farm Owes Worker $850K After Firing Her For Reporting Rape

    A Florida federal jury on Wednesday sided with the Equal Employment Opportunity Commission, finding that a farm allowed one of its workers to be sexually harassed by her supervisor and then fired her for reporting that he had raped her, and awarding the woman $850,000 in damages.

  • December 20, 2018

    Fla. High Court Eases Med Mal Causation Standards

    In a closely watched case, the Florida Supreme Court narrowly ruled Thursday that a doctor was improperly cut loose from a suit accusing him and others of causing a patient’s death, saying a plaintiff need only prove a doctor’s actions were a proximate rather than primary cause of injury.

  • December 20, 2018

    Ex-Doc Not Owed Defense In Sex Abuse Suits, 4th Circ. Says

    State Automobile Mutual Insurance Co. doesn't have to defend a former doctor against five lawsuits filed by female patients claiming he groped and made lewd remarks toward them, the Fourth Circuit held Thursday, agreeing with a lower court that the allegations do not include any potentially covered bodily injuries.

  • December 20, 2018

    Calif. Atty Owes Former Client $800K For Mishandled Case

    A California appeals court ruled that a woman deserves more than $800,000 from a personal injury lawyer who told her and her mother that he could handle matters he was not equipped to handle, resulting in the loss of a family business.

  • December 20, 2018

    Fla. High Court Strikes Down Public Hospital's Lien Powers

    The Florida Supreme Court on Thursday upheld two lower courts' rulings striking down a law authorizing one of Florida’s largest public health systems to establish liens to recover medical services costs, finding the measure violates a prohibition in the state constitution against liens on private contracts.

  • December 20, 2018

    Medals Prioritized Over Safety: Olympics Sex Abuse Report

    The Congressional Committee on Energy and Commerce on Thursday released the results of its yearlong investigation into sexual abuse in the U.S. Olympics community, saying it found a culture that prioritized reputations and winning medals over athletes' safety and well-being. 

  • December 20, 2018

    NY Trial Judge Won't Toss Weinstein Sex-Assault Indictment

    Criminal charges against Harvey Weinstein will go forward, a Manhattan trial judge said Thursday, clearing the way for a jury to hear claims by two women who say the former chief of the bankrupt Weinstein Co. film studio sexually assaulted them.

  • December 19, 2018

    NJ Hospital's Win In Widow's Fatal Clot Suit Is Upheld

    A New Jersey appellate court on Wednesday affirmed a jury’s decision to clear a hospital and doctors of allegations that they failed to diagnose a patient’s eventually fatal blood clots, rejecting claims that the trial judge erred in rulings on jury instructions and alleged evidence spoliation.

  • December 19, 2018

    700 Catholic Priests Accused Of Sexual Abuse: Ill. AG Report

    Nearly 700 Catholic priests in Illinois have been accused of sexual abuse, but church officials have only publicized the allegations against 185, according to a report published Wednesday by Illinois Attorney General Lisa Madigan.

  • December 19, 2018

    Insurer Wants To Wash Hands Of $47M Avis Verdict

    Auto-Owners Insurance Co. sued Avis Budget Group Inc. in Georgia federal court on Tuesday, saying it owes no coverage in connection with a $47 million verdict handed down after an employee of an Atlanta-area store reportedly stole a car and hit two pedestrians.

  • December 19, 2018

    IPhone Ping Can't Be Blamed For Crash, 5th Circ. Says

    The Fifth Circuit on Wednesday tossed a lawsuit against Apple Inc. brought on behalf of a child rendered paraplegic after a crash, declining to recognize a driver's “neurobiological response to a smartphone notification” as a cause of the crash.

  • December 19, 2018

    Ex-NFLers Face Skeptical 9th Circ. In Career-Killer Drug Suit

    Six former NFL players and a widow faced an uphill battle at the Ninth Circuit Wednesday in their fight to revive a proposed class action claiming the NFL illegally gave the players medications that prematurely ended their careers, with all three judges sitting on the panel questioning why they waited years to sue.

  • December 19, 2018

    Royal Caribbean Escapes $700K Ice Skating Injury Verdict

    A Florida federal judge has tossed a nearly $700,000 jury verdict in a suit by a Royal Caribbean passenger who broke his ankle while ice skating on a ship, ruling Tuesday there was no evidence a jury could use to find that the cruise line knew about shoddy ice rink conditions.

  • December 19, 2018

    8th Circ. Says Med Mal Expert Properly Excluded At Trial

    The Eighth Circuit on Wednesday affirmed a midtrial win for Mayo Clinic Rochester in a suit over a staff doctor’s allegedly negligent prescription for a steroid that caused a man’s injuries, saying the patient’s medical expert was properly excluded from testifying at trial because he lacked practical experience.

  • December 19, 2018

    NJ Atty's Improper Argument Leads To New Slip-And-Fall Trial

    A New Jersey appeals court on Wednesday tossed a property owner’s trial win in a slip-and-fall case, ordering a new trial because the property owner’s attorney improperly gave jurors information during closing arguments that had not been admitted into evidence.

Expert Analysis

  • The Uncertain Future Of Summary Judgment In California

    Scott Dixler

    While the California Supreme Court has held that summary judgment is no longer a disfavored remedy, two recent California Court of Appeal decisions demonstrate a continuing ambivalence concerning a trial court’s discretion to grant summary judgment, say attorneys with Horvitz & Levy LLP.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Oregon Med Mal Ruling May Affect Construction Cases

    Adele Ridenour

    In Ransom v. Radiology Specialists, the Oregon Supreme Court recently held that experts can be compelled to answer questions relevant to their direct involvement in a case. That means that in construction defect cases, contractors, architects and engineers can be asked for their present interpretation of plans or specifications, says Adele Ridenour of Ball Janik LLP.

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.

  • Florida Supreme Court Aims To Expand Bad Faith Standards

    Rory Eric Jurman

    The Florida Supreme Court's recent decision in Geico v. Harvey is part of an ever-expanding trend to create a negligence standard against insurers, seemingly turning a blind eye to the myriad of sophisticated bad faith setup schemes, say Rory Jurman and Vanessa Alvarez of Fowler White Burnett PA.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.