The death of the father of former Trump administration official Lt. Gen. H.R. McMaster Jr. at a Philadelphia nursing home, which has already resulted in criminal charges against a staffer, is now the subject of a wrongful death lawsuit alleging the facility provided negligent care.
An Illinois appeals court has cleared the way for a new trial in a suit accusing a nursing home physician of failing to properly treat a man’s blood clot that caused his death, citing defense counsel’s improper statements during closing arguments.
Uber has told a Pennsylvania federal court it cannot be held liable in a New Jersey man's amended suit claiming the ride-hailing giant negligently hired a driver who assaulted him over a ride dispute and left him "for dead," saying the rider's legal theories still fail.
The U.S. Supreme Court asked the federal government Monday, the first day of the justices' new term, to eye a ruling by Alabama's top court allowing a drunken driving-related suit to go forward against a Native American casino in a case that raises the issue of tribal sovereign immunity.
With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.
A Georgia appeals court on Friday affirmed a $4.5 million jury award in a suit accusing a doctor of botching a man’s treatment, which caused paraplegia, rejecting the doctor’s argument that the trial judge improperly allowed the patient to make statements about an inapplicable standard of care.
A Florida federal jury has awarded $1.2 million in damages in the second trial for a cruise ship passenger who fell over a cleaning bucket that she said was negligently left in a walkway — with the jury almost matching an award previously overruled by the Eleventh Circuit.
A Pennsylvania federal judge on Friday ruled that Liberty Mutual cannot shift a shopping center’s responsibility in a slip-and-fall case to a tenant’s insurer, finding that the landlord does not qualify for additional insured coverage under the tenant’s policy.
The Alabama Supreme Court on Friday vacated a jury’s decision to award $20 million in punitive damages in a suit accusing a rehabilitation hospital of negligently caring for an elderly patient and causing her death, saying certain instructions given to the jury were misleading.
An attorney who said he was left with severe health problems and unable to practice law after three doctors failed to properly diagnose his HIV will take one more stab at settling, even after being awarded an $18.4 million jury verdict, after the doctors on Friday in Massachusetts federal court made a bid to decrease the award.
Organizers of the "Rock on the River" music festival can’t be held liable for severe injuries suffered by a man who was allegedly attacked by another patron during the 2013 concert, the Seventh Circuit ruled Thursday, saying the man’s expert witness did not sufficiently explain why festival security was inadequate.
Members of the Judicial Panel on Multidistrict Litigation seemed skeptical Thursday of MGM’s bid to centralize litigation over last year’s Las Vegas mass shooting outside Nevada, questioning the company’s argument that the “level of emotion in the community is so high” it should be handled in California.
A Texas appellate court on Thursday left intact a lower court's ruling barring a man from selling a “miracle mineral solution” that the federal government has said is a sodium chlorite product that poses significant health risks.
Hamilton Specialty Insurance Co. Inc. has sued the general manager of a trendy nightclub in New York City who stands accused of sexually assaulting a bottle server after her shift, asserting in state court that it doesn't have a duty to indemnify the man as he faces a civil suit brought by the alleged victim.
The Kentucky Supreme Court on Thursday revived a suit accusing a doctor of providing negligent prenatal treatment that caused a baby’s birth injuries, saying the trial judge erred by allowing the plaintiff’s attorney to withdraw as counsel without a sufficient inquiry as required by court rules.
New Jersey’s attorney general asked the Third Circuit on Thursday to reject a personal injury plaintiff's bid to consolidate his Federal Employers Liability Act case against NJ Transit with another plaintiff's and then have the full appellate court take it up en banc, saying his delay tactics won't work.
The U.S. Supreme Court on Thursday said it would hear a case over whether the Tennessee Valley Authority is immune from a personal injury suit alleging the TVA's work on a downed power line killed one boater and seriously injured another.
The Third Circuit's rebuke of a near-million-dollar fee request from lawyers who had won a bad-faith verdict against an auto insurer is a new directive for courts to pick apart fee requests, experts say, and signals to lawyers that while certain billing practices are permissible, they may not be advisable.
A California appeals court overturned a $420,000 verdict in favor of a student who was sexually assaulted repeatedly at age 14 by a friend's mother, saying the woman was not given a fair chance to present a defense.
A Georgia appeals court on Wednesday vacated a defense verdict in a suit accusing a doctor of prescribing too much medication to a patient who later fainted, fell out of an 18-foot deer hunting stand and became paralyzed, saying certain jury instructions were improperly given by the trial judge.
Last week, the Tenth Circuit rebalanced the relative bargaining power between tribes and states when it ruled in Navajo Nation v. Dalley that the Indian Gaming Regulatory Act does not permit a state to require that personal injury suits against tribal casinos be litigated in state courts, say Steven Gordon and Philip Baker-Shenk of Holland & Knight LLP.
A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.
In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.
When a self-driving Uber car ran over an Arizona pedestrian earlier this year, the company inadvertently shone a spotlight on the importance of industry standards. Failing to meet these benchmarks could be interpreted as a violation of the standard of care owed to a plaintiff by a corporate defendant, says Allen Patatanyan of West Coast Trial Lawyers.
Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.
The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.
Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.
Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.
The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.