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Personal Injury & Medical Malpractice

  • 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.

  • July 27, 2018

    Md. Repair Cos. Must Face Suit Over Carbon Monoxide Deaths

    A Maryland appellate panel revived Thursday a suit accusing two HVAC repair companies of failing to warn a home’s occupants of carbon monoxide risks they had observed which purportedly contributed to five deaths, saying it was plausibly alleged that it was within the companies’ duties of reasonable care to do so.

  • July 27, 2018

    Hospital On Hook For $4.9M Medicaid Payments, Court Says

    A New York appellate panel has found that New York City's Department of Social Services should collect $4.9 million in Medicaid payments New York Presbyterian Hospital received to cover a young boy's seven-year hospital stay during which he was injured by malpractice and ultimately died.

  • July 27, 2018

    50 Cent Wins Sanctions Bid Against Concertgoers

    A U.S. bankruptcy judge has determined that damages are warranted against two Massachusetts women who continued to pursue a personal injury suit stemming from one of hip-hop artist 50 Cent’s concerts, granting the sanctions bid Friday and asking for an accounting of costs.

  • July 27, 2018

    Ex-Insys Execs Say Feds' Bid To Redo RICO Case Is Futile

    A group of former Insys Therapeutics Inc. executives told a Massachusetts federal judge Friday that a recent government bid to clarify the racketeering charges they face for allegedly bribing doctors to prescribe their expensive fentanyl spray comes up short of the legal standard, and another trip to the grand jury will not fix the indictment’s flaws.

  • July 27, 2018

    Auto-Owners Insurers Want Out Of $14.5M Accident Claim

    Three insurance companies have asked a Florida federal court to certify that none of them is responsible for covering the estate of a dealership owner in a $14.5 million state court suit over an accident that occurred when a car dealership owner crashed a car owned by the dealership.

  • July 27, 2018

    BNP Paribas Not Liable For '98 Embassy Attacks: DC Circ.

    Victims of two 1998 U.S. Embassy bombings in Africa and their families can't hold BNP Paribas liable for its alleged facilitation of money flows that supported the attacks, the D.C. Circuit ruled on Friday, saying that there was no showing that the bank helped cause the attacks.

  • July 27, 2018

    OSHA Moves To Rescind Part Of Electronic Records Rule

    Large businesses will not have to provide detailed electronic data on workers’ injuries and illnesses under a proposal by the U.S. Department of Labor’s work safety office Friday to roll back parts of an Obama-era rule that ostensibly took effect earlier this year.

  • July 27, 2018

    Insurer Can Bring Suit Over Construction Accident Defense

    An Illinois federal judge on Wednesday allowed Scottsdale Insurance Co. to go forward with its suit saying it does not have a duty to defend construction companies being sued in state court over a worker’s fatal accident under a policy exclusion — but tossed as premature the insurer's claims that it doesn’t have to indemnify the companies.

  • July 26, 2018

    Victim In Chicago Police Beating Case Gets $310K In Fees

    An Illinois federal judge awarded $310,000 in fee recoveries Wednesday to a man who successfully sued Chicago police after an encounter that left him in an intensive care unit, though the judge imposed a haircut because he said there were too many lawyers representing the man at trial.

  • July 26, 2018

    NY Atty Beats Suit Over Unsuccessful Med Mal Case

    A New York appeals court on Thursday tossed a suit accusing an attorney of deceiving a client after allegedly bungling a medical malpractice case, saying the client didn’t properly allege that false emails were the reason he lost the case.

  • July 26, 2018

    3rd-Party Funder Recovers From Ex-NFLer's Injury Payout

    The Pennsylvania federal judge overseeing the National Football League concussion settlement ordered the settlement claims administrator to pay nearly half of an amount awarded to a former player to third-party litigation funder RD Legal after the funder sought to rescind a prior advance to the player.

Expert Analysis

  • 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.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Aviation Watch: Keeping Turbines Spinning, Passengers Safe

    Alan Hoffman

    Engine failures are rare in modern commercial aviation. But recent problems with two types of aircraft engines — including one which led to an in-flight fatality in April — point to the serious technical and legal challenges faced by manufacturers, air carriers and regulators trying to keep planes in the air, says Alan Hoffman, a retired attorney and private pilot.

  • Moving Toward A Standard Of Care For Medical Marijuana

    Ian Stewart

    The Medical Board of California's recently updated guidelines for physicians on recommending medical cannabis serve as part of the foundation for an emerging standard of care for medical cannabis. As medical cannabis becomes more widespread, this standard is needed to ensure consistency of care and patient safety, say attorneys at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Insurers Use Calif. Fraud Law Against Health Providers

    Zachary Rothenberg

    California's Insurance Fraud Prevention Act has emboldened car insurance companies to sue health care providers for allegedly overcharging patients whose bills are ultimately paid by the insurers in personal injury claims. As IFPA suits become increasingly common, health care providers should take precautions to minimize their exposure, says Zachary Rothenberg of Nelson Hardiman LLP.