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Personal Injury & Medical Malpractice

  • 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.

  • July 26, 2018

    Pa. Firm Sued For Targeting Wrong Party In Salon Injury Case

    A Philadelphia landowner sued a law firm Wednesday, accusing it of abusing the civil court process by fighting for more than a year to sue parties who had no ties to a beauty salon property where a client was injured. 

  • July 26, 2018

    NJ Condo Group Can't Shake Sidewalk Slip-And-Fall Action

    A New Jersey state appeals court on Thursday revived a lawsuit against a condominium association and its property manager, finding that evidence in the record undercuts their claim of having no control over the replacement of a sidewalk where an alleged defect later caused a woman to slip and fall on ice.

  • July 26, 2018

    Texas Doc’s Misspelled Name Dooms Med Mal Suit

    A Texas doctor whose name was misspelled in a medical malpractice suit lodged in connection with a heart surgery patient’s death was properly cut loose from the case since the doctor wasn’t timely served with the original lawsuit, a Texas appeals court ruled Thursday.

  • July 26, 2018

    NJ Says Slew Of Railroad Injury Suits Must Wait For 3rd Circ.

    New Jersey’s attorney general has asked the state’s chief federal district judge to postpone some 30 pending personal injury cases that seek recovery from NJ Transit under the Federal Employers Liability Act until the Third Circuit decides an appellate case that hinges on whether the agency is immune from such civil liability.

  • July 26, 2018

    Factory Dust System Makers Can't Ditch $33M Injury Verdict

    A Texas state court judge has rejected a bid to upset a $33 million jury verdict against two companies that made components of a Georgia Pacific wood processing facility’s dust collection system, entering judgment for a worker who was burned in a fire at the plant.

  • July 26, 2018

    Feds Knock Texas Doc’s Bid To Torpedo $240M Fraud Case

    The federal government has urged a Texas federal court to reject a series of pretrial motions made by a doctor accused of running a $240 million health care fraud scheme, saying the doctor has no basis to argue the government’s indictment wasn’t specific enough or was time-barred.

  • July 25, 2018

    NBC, Dr. Dre, Ice Cube Escape Suge Knight Killing Suit

    A California appeals court ruled Wednesday that NBCUniversal, Dr. Dre and Ice Cube can’t be held liable in a wrongful death suit accusing the “Straight Outta Compton” producers of being responsible for a killing committed by notorious record producer Marion “Suge” Knight following a confrontation on the film’s set.

  • July 25, 2018

    Verizon Says Pa. Firm Bungled Settlement With Injured Worker

    Verizon is suing a Pennsylvania attorney for negligence and legal malpractice, alleging he and his firm cost the company “hundreds of thousands” in benefits and legal costs by negotiating a worker’s compensation claim without securing an agreement that the worker would waive future benefits and claims against Verizon.

  • July 25, 2018

    Ex-NHLers Won't Appeal Head Trauma Cert. Denial For Now

    Retired National Hockey League players who say the league hid the dangers of repeated head trauma and ignored scientific evidence linking the sport with long-term brain diseases will not immediately seek to appeal the denial of their bid to bring their claims in a class action, one of the lead attorneys for the players confirmed to Law360 Wednesday.

  • July 25, 2018

    Ex-Amtrak Cop In Slip-And-Fall Suit Ducks Jail For Fraud

    A former Amtrak police officer from Long Island who sued the railroad over an alleged slip-and-fall workplace injury and was later convicted by a Manhattan federal jury of forging documents related to his police experience in order to obtain higher pay avoided prison Wednesday.

  • July 25, 2018

    Parkland Shooting Footage Must Be Released, Court Says

    A Florida appeals court ruled Wednesday that Marjory Stoneman Douglas High School in Parkland, Florida, must release security camera footage taken during the February mass shooting that killed 17 students and staff members, saying the surveillance videos are non-exempt public records that may shed light on law enforcement’s response to the shooting. 

  • July 25, 2018

    Ex-Calif. State Judge To Oversee MSU Nassar Settlement

    A Michigan federal court on Tuesday appointed a former California state judge to distribute funds from a $500 million settlement reached with Michigan State University by more than 300 alleged victims of sexual abuse by Larry Nassar, a former university gymnastics team doctor and faculty member.

  • July 25, 2018

    Foster Agency Not Liable For Infant's Death, W.Va. Judge Says

    A West Virginia federal judge on Wednesday tossed a woman's claim that the death of her infant, who was in foster care since birth, was due to the negligence of her temporary foster parent and the agency that placed the child on behalf of state human services.

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • No Smoke But Alarms Are Ringing: Insurance For E-Cigarettes

    Jonathan Viner

    Litigation over e-cigarettes has thus far been limited to claims arising out of malfunctioning devices, but injury claims that result from widespread use of e-cigarettes that function exactly as intended will involve numerous interesting and contested insurance coverage issues, says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.