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Personal Injury & Medical Malpractice

  • May 3, 2018

    Ex-NFL Attys Ask Judge To Rethink $112M Fees Order

    Attorneys for a class of ex-NFL players urged a Pennsylvania federal court Wednesday to reconsider class counsel’s recent $112.5 million fees award in multidistrict litigation over brain injuries that now-retired players sustained during their NFL careers, arguing the award was granted too soon.

  • May 3, 2018

    Litigation Funder's Arbitration With Ex-NFLer Is Held Up

    A Pennsylvania federal judge overseeing multidistrict litigation over brain injuries sustained by retired players during their NFL careers issued a temporary restraining order Wednesday against a third-party claims funder that took a player to arbitration for failing to repay a loan.

  • May 3, 2018

    Atty, Clients Owe Over $1M, Surgical Funding Co. Says

    A surgical funding company that says it bought up close to $380,000 in medical debts accrued by two clients whose lawyer then allegedly settled their personal injury cases has filed suit in Texas state court against all three parties, seeking more than $1 million in payments and punitive damages.

  • May 2, 2018

    Patient’s Head Trauma Death Suit Revived By La. Court

    A Louisiana appeals court on Wednesday flip-flopped on its previous dismissal of a suit accusing a hospital of negligently treating a woman injured in an auto accident which caused her death, saying it should be up to a jury to determine the credibility of the evidence.

  • May 2, 2018

    Remand of NJ Hysterectomy Suit Was Right, 3rd Circ. Says

    A surgeon accused of fatally lacerating a woman’s aorta while removing her uterus failed in his quest to have federal courts vacate a New Jersey state judge’s $650,000 default judgment against him on Tuesday when the Third Circuit affirmed a district court decision remanding the case to state court.

  • May 2, 2018

    Starbucks Pays Settlement, Tuition To Men Arrested In Philly

    Starbucks Corp. reached a settlement with two black men arrested in mid-April in a Philadelphia store, saying Wednesday it agreed to pay them an undisclosed amount and cover their college tuition after an incident that left the company scrambling to update its bias training.

  • May 2, 2018

    Viacom, Execs Hit With $100M Suit Alleging Rape, IP Theft

    A man who describes himself as Hollywood royalty accused two Viacom Inc.-connected executives of raping him and then treating him like a “rag doll” until one executive stole his pitch for a television show and produced it without him, according to a $100 million suit in New York state court Tuesday.

  • May 2, 2018

    Botched Gastric Bypass Surgery Suit Tossed Over Expert

    A Texas appellate panel on Wednesday tossed a suit accusing a surgeon of botching a man’s gastric bypass surgery, saying the patient’s expert medical opinion was inadequate, so the expert’s supplemental opinion regarding negligent post-operative care was irrelevant.

  • May 2, 2018

    Karolyi Ranch Wants Coverage Of Nassar Defense Costs

    The Karolyi Ranch, which served as an official Olympic training center, has sued the U.S. Olympic Committee and USA Gymnastics Inc. in Texas state court for coverage of legal costs stemming from allegations of sexual abuse by former team doctor Larry Nassar.

  • May 2, 2018

    Dow Chemical Sued Over Deadly Cyanide Leak In Texas

    The parents of a 19-year-old man who died after cyanide exposure while on the job at a Dow Chemical Co. plant in Deer Park, Texas, have filed a state court suit alleging that the company's negligence in making their son continue working even as alarms sounded caused his death.

  • May 2, 2018

    Kinder Morgan Wants Firm DQ'd From Refinery Pollution Suit

    Kinder Morgan Inc. on Tuesday urged an Oklahoma federal judge to disqualify a law firm representing landowners in a suit over historical refinery pollution, saying the firm's participation is tainted by a partner's prior representation of Kinder Morgan's subsidiary during an investigation of the pollution by Oklahoma environmental regulators.

  • May 1, 2018

    Ohio Doc’s Move To Fla. Revives Untimely Paraplegia Suit

    An untimely suit accusing an Ohio doctor of causing a patient to become a paraplegic because of negligent treatment was revived Tuesday by the Sixth Circuit, which ruled that because the doctor moved to Florida, the clock on the patient’s claims was halted, as required by Ohio law.

  • May 1, 2018

    Calif. Fertility Clinic Faces Combined Suit Over Lost Embryos

    A California federal judge consolidated three proposed class actions accusing a California fertility center of negligence and breach of contract in connection with the destruction of stored embryos and eggs due to a cooling malfunction in the facility’s storage tanks, after the parties agreed to combine the cases.

  • May 1, 2018

    NC Panel Backs Duke Health's Win In Unneeded-Surgery Suit

    A North Carolina appeals court Tuesday upheld a directed verdict in favor of Duke University Health System in a malpractice case filed by a patient alleging he underwent unnecessary surgery for a malignant brain tumor that was ultimately found to be benign.

  • May 1, 2018

    Ill. Appellate Court Lets Chicago Out Of Club Stampede Case

    An Illinois appellate panel on Monday affirmed the dismissal of the city of Chicago from a long-running case over a February 2003 "stampede" at the E2 Nightclub in Chicago, which resulted in 21 deaths and even more injuries as people rushed to the exit after a fight in the club led to panic and a scramble for the door.

  • May 1, 2018

    Sony Should Face Toxic Exposure Suit, Calif. High Court Told

    A woman who alleges her developmental disorders were caused by in utero exposure to toxic chemicals while her mother worked at a Sony manufacturing plant told the California Supreme Court on Tuesday that under state law, her claims should have tolled until she was an adult.

  • May 1, 2018

    Iran Ordered To Pay $6.27B To 9/11 Victims' Families

    A federal judge in New York ordered Iran to pay certain family members of 9/11 victims some $6.27 billion as compensation for pain, suffering and mental anguish after the Islamic republic failed to refute allegations that it sponsored al-Qaida and was partly liable for the terrorist attack.

  • May 1, 2018

    Nursing Home Gets Trial Win Restored In Sepsis Suit

    A Washington state appeals court has reinstated a nursing facility's win in a wrongful death case brought by the family of a woman who died of sepsis, striking down the trial court's findings of discovery violations and defense counsel misconduct.

  • May 1, 2018

    Pa. Panel Nixes $35M Award In Crash That Killed 6-Year-Old

    A Pennsylvania appellate court has vacated a $35 million jury award against a commercial contractor whose employee crashed into a car stranded on a highway, killing a 6-year-old, with the majority ruling that the trial court had been wrong to dismiss the company’s claims against the car driver and auto repair shops that had serviced the vehicle.

  • April 30, 2018

    $1M Award Overturned In Suit Over Botched Eye Surgery

    A Maryland appeals court on Friday overturned a jury’s $1 million award holding a physicians practice group liable in a suit accusing one of its surgeons of botching a man’s surgery, saying because the jury cleared the surgeon of liability it must also clear the practice group.

Expert Analysis

  • 10 Insights Into The West Virginia Supreme Court Of Appeals

    Elbert Lin

    From its architectural grandeur to its relaxed approach to time limits during oral argument, West Virginia’s highest court has many unique features that make it a special place to practice, says Elbert Lin, co-chair of the issues and appeals practice at Hunton & Williams LLP and former solicitor general of West Virginia.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.