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Personal Injury & Medical Malpractice

  • October 1, 2018

    McMaster's Family Sues Over Father's Nursing Home Death

    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.

  • October 1, 2018

    Improper Closing Prompts New Med Mal Trial, Ill. Court Says

    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.

  • October 1, 2018

    Uber Rider's Suit Over Driver Assault Still Fails, Court Told

    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.

  • October 1, 2018

    High Court Seeks Fed View On Tribal Immunity To Tort Suits

    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.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    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.

  • September 28, 2018

    $4.5M Award Affirmed In Paraplegic Man's Suit Against Doctor

    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.

  • September 28, 2018

    In Redo, Woman Gets $1.2M For Injuries In Cruise Ship Fall

    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.

  • September 28, 2018

    Liberty Can't Shift Slip-And-Fall Coverage To Selective

    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.

  • September 28, 2018

    Ala. High Court Wipes Out $20M Award In Patient Death Suit

    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.

  • September 28, 2018

    Docs, Atty To Try Settling After $18M Malpractice Verdict

    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.

  • September 27, 2018

    7th Circ. Says Concert Organizers Off Hook In Suit Over Attack

    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.

  • September 27, 2018

    MGM Faces Skepticism On Moving Shooting Suits To Calif.

    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.

  • September 27, 2018

    Texas Man Still Barred From Selling 'Miracle' Supplement

    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.

  • September 27, 2018

    Insurer Says It Needn't Defend Alleged Rape At NYC Nightclub

    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.

  • September 27, 2018

    Atty's Withdrawal Revives Birth Injury Suit, Ky. Justices Say

    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.

  • September 27, 2018

    NJ Transit Worker Can't Punt Immunity Ruling, 3rd Circ. Told

    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.

  • September 27, 2018

    Justices To Weigh Tenn. Valley Authority's Immunity To Suits

    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.

  • September 26, 2018

    3rd Circ. Fee Fracas A Warning: Not All Billing Is Equal

    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.

  • September 26, 2018

    Panel Nixes $420K Award In 'Hummer Mom' Sex Assault Case

    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.

  • September 26, 2018

    Ga. Doc's Win In Hunter's Paralysis Suit Overturned

    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.

Expert Analysis

  • 10th Circ. Ruling Is A Win For Tribal Jurisdiction

    Steven Gordon

    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.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    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.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    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.

  • For Self-Driving Car Makers, Industry Standards Matter

    Allen Patatanyan

    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.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    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 Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    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.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    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.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    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.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 3

    Kirk Hartley

    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.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 2

    Kirk Hartley

    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.