We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Personal Injury & Medical Malpractice

  • May 7, 2018

    Scrapped Big Rig Sends Accident Injury Suit To The Junk Yard

    A Tennessee appeals court on Monday tossed a suit blaming a transportation company’s faulty trailer axle for causing a trucker’s wife’s severe and permanent injuries, saying because the trucker’s insurance company took possession of the vehicle and scrapped it, the transportation company was deprived of a key piece of evidence.

  • May 7, 2018

    Calif. Panel Reverses Contractor's $4.2M Personal Injury Loss

    A California appeals court Friday reversed a trial jury's judgment that found DeSilva Gates Construction LP completely at fault for a subcontractor employee's personal injury damages of $4.2 million, finding that multiple references to an indemnity agreement had prejudiced the jury.

  • May 7, 2018

    Travelers Needn't Cover Diving Death Suit, 11th Circ. Says

    The Eleventh Circuit on Monday affirmed that Travelers does not have to cover any of a professional dive leader’s costs to defend and settle a wrongful death action filed by the family of a man who drowned on a lobster diving trip, holding an exclusion in the insurer’s policy clearly bars coverage.

  • May 7, 2018

    Calif. Hospital Must Face Suit Over Patient’s Sex Assault

    A California appeals court on Friday revived a suit accusing a hospital of being responsible for the sexual assault of a minor patient by a fellow patient in an adolescent psychiatric unit, saying the hospital's expert medical witness offered an unsupported opinion as to how the hospital purportedly adhered to the standard of care.

  • May 7, 2018

    Insurer Needn't Cover Ride Injury, 11th Circ. Affirms

    The Eleventh Circuit on Monday found that a Zurich Insurance Group AG unit does not owe an event planner coverage over an injury on an amusement ride that the event planner hadn't yet added to its policy.

  • May 7, 2018

    7th Circ. Revives Man's Suit Over Attack At VA Hospital

    The Seventh Circuit on Monday revived a man's lawsuit accusing some medical professionals at a Veterans Health Administration hospital of attacking him after he underwent surgery, saying the lower court improperly rejected the man's second attempt at pleading his case.

  • May 7, 2018

    NJ Bill May Expose Cos. To Bigger Wrongful Death Verdicts

    A bill in the New Jersey Legislature that has seemingly found new momentum would permit damages in wrongful death actions for the emotional punch of losing a loved one, and some attorneys are raising worries of higher and unpredictable jury awards and increased insurance costs for businesses and other parties.

  • May 7, 2018

    Mass. Top Court Clears MIT Of Fault In Student Suicide

    Massachusetts’ top appellate court ruled Monday that the Massachusetts Institute of Technology could not be held liable for failing to prevent a student’s suicide, but said there are certain circumstances under which colleges or universities would have a duty to act.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    Hip Surgery Patient’s Eye Injury Suit Revived By NY Court

    A New York appeals court on Friday revived claims in a suit accusing two doctors and a hospital of injuring a patient’s eye while he was under sedation for hip surgery, saying the patient’s claim that his injury speaks for itself applies particularly when a patient is under anesthesia.

  • May 4, 2018

    Potential Juror's Bias Over Firm Ads Prompts Med Mal Retrial

    Counsel for a woman suing a doctor for medical malpractice was forced to use a challenge to excuse a prospective juror who said personal injury firm Morgan & Morgan PA’s “ubiquitous” advertising might make her biased, which a Kentucky appeals court said Friday was unfair and warranted a new trial.

  • May 4, 2018

    Excess Insurer Prevails In Fight Over $2.3M Crash Judgment

    Excess insurer Landmark American Insurance Co. is not liable for any part of a $2.3 million judgment against Deerfield Construction Inc. in a lawsuit alleging the builder's employee caused a crash that injured another driver, an Illinois federal judge ruled Thursday, finding that Deerfield failed to provide prompt notice of the claim to Landmark.

  • May 4, 2018

    Pa. Judge OKs Redo In Flaherty Fardo Malpractice Row

    A Pennsylvania federal judge on Friday agreed to allow an injured child's parents to amend a complaint accusing Flaherty Fardo PC of missing the window for a medical malpractice case to clarify whether they had waived their otherwise unexpired right to seek medical expenses on the boy's behalf.

  • May 4, 2018

    Wis. Ruling Cramps Immunity Arguments For Gun Websites

    A Wisconsin appeals court's recent ruling that online gun marketplace Armslist LLC must face a suit over a woman's 2012 mass shooting death because it allegedly facilitated illegal sales will make it harder for firearms website operators to seek immunity under a federal law shielding purported third-party content providers, attorneys said.

  • May 4, 2018

    5th Circ. Says Kin Can't Prove Plot In Wrongful Death Suit

    The Fifth Circuit has affirmed a lower court’s dismissal of a wrongful death case in which a leukemia patient's relatives said a hospital "maliciously" killed him with a botched intubation procedure and deprived him of his constitutional rights, saying bald allegations of conspiracy without supporting facts aren't enough.

  • May 4, 2018

    Insurer's Win In Building Injury Suit Upheld By NY Court

    An insurer is off the hook for charges that it unfairly dragged out its denial of coverage to a general contractor facing a workplace injury suit, after a New York appeals court affirmed that a federal law preempts the state law on which the claims hinged.

  • May 3, 2018

    Ill. Hotel’s Dismissal From Rape Case Reversed By Panel

    An Illinois appellate panel reversed a lower court's ruling that let a hotel out of a case brought by a woman who claimed she was raped by a hotel security guard while unconscious.

  • May 3, 2018

    No Racial Motive For Nurse's Demotion, Texas Court Says

    A Texas appeals panel Thursday affirmed the tossing of a discrimination case against the University of Texas Medical Branch at Galveston brought by a nurse who claimed she was demoted for being Hispanic, with the court finding no indication she received less-favorable treatment than her non-Hispanic coworkers.

  • May 3, 2018

    Buchanan Ingersoll Adds 2 Attys In San Diego

    Buchanan Ingersoll & Rooney PC said Thursday it has hired a former Troutman Sanders LLP partner with experience guiding financial institutions in leveraged financing and other transactions, as well as an employment attorney versed in personal injury, construction and other employer-related matters, bolstering the firm's offerings in San Diego.

  • May 3, 2018

    Contractor Dodges $17M Verdict Over Worker's Death

    A Texas appeals court on Thursday struck down a $17 million award in favor of the family of a steel worker who drowned while working on a bridge project associated with Baylor University’s football stadium, saying the project’s contractor is protected from the lawsuit by an insurance program established by the school.

Expert Analysis

  • The Art And Science Of Investigative Questions: Part 2

    David Dolkas

    When lawyers question sources and witnesses, they need to know which portion of the person’s brain is answering each question. For purposes of asking questions, longtime trial lawyer David Dolkas divides the brain into two parts: the red brain and the blue brain.

  • The Art And Science Of Investigative Questions: Part 1

    David Dolkas

    In the first article of this five-part series, longtime trial lawyer David Dolkas offers ideas and instruction on how to ask better questions in any context where lawyers must obtain information from a source or a witness.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Calif. High Court Has A Chance To Define 'Accident'

    Gretchen Hoff Varner

    In Liberty v. Ledesma next week, the California Supreme Court will have an opportunity to answer, once and for all, what constitutes an "accident" under insurance policies and potentially clarify significant issues of both insurance law and tort law generally, say Gretchen Hoff Varner and Broer Oatis of Covington & Burling LLP.

  • After A Drone Accident, Who Can Be Held Responsible?

    John O'Brien

    The Federal Aviation Administration's evolving regulations on the use of unmanned aerial vehicles, as well as new anti-collision technologies, may prevent some drone-related accidents. But collisions, near-misses and malfunctions can still occur, with serious consequences. So citizen access to the courts is particularly important in the context of drone safety, says John O'Brien of John O'Brien & Associates.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Weekly Column

    Acting For Trial Lawyers: The Power Of Vulnerability

    Michael DeBlis III

    Your willingness to let your guard down and render yourself “open” requires an enormous amount of courage. But the impact that vulnerability has on a jury cannot be underestimated, says actor and trial lawyer Michael DeBlis, discussing how tools of the stage can be used by lawyers in the courtroom.