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Personal Injury & Medical Malpractice

  • 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.

  • December 18, 2018

    Ala. Court Is 'Dead-Ass Broke,' Judge Says In Order

    An Alabama judge who agreed Tuesday to postpone a January trial in a personal injury case stemming from an auto collision told the parties they shouldn't expect a "quick reset" if they eventually do decide to bring the litigation before a jury, because the Mobile County state court system "is so dead-ass broke."

  • December 18, 2018

    Parkland School Shooting Survivors' Suit Gutted By Judge

    A Florida federal judge tossed the bulk of claims in a suit brought by 15 survivors of the school shooting in Parkland, Florida, saying Tuesday that Broward County school and police officials had no constitutional duty to protect students from harm inflicted by a third party.

  • December 18, 2018

    7th Circ. Nixes AIG's Win In Med Mal Deal Coverage Row

    The Seventh Circuit on Tuesday revived a dispute over whether AIG Specialty Casualty Insurance Co. should cover an Indiana medical insurer's post-verdict medical malpractice settlement, saying questions remain as to whether the insurer's initial refusal to settle was a wrongful act excluded from the policy.

Expert Analysis

  • 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.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.