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Personal Injury & Medical Malpractice

  • December 19, 2018

    IPhone Ping Can't Be Blamed For Crash, 5th Circ. Says

    The Fifth Circuit on Wednesday tossed a lawsuit against Apple Inc. brought on behalf of a child rendered paraplegic after a crash, declining to recognize a driver's “neurobiological response to a smartphone notification” as a cause of the crash.

  • December 19, 2018

    Ex-NFLers Face Skeptical 9th Circ. In Career-Killer Drug Suit

    Six former NFL players and a widow faced an uphill battle at the Ninth Circuit Wednesday in their fight to revive a proposed class action claiming the NFL illegally gave the players medications that prematurely ended their careers, with all three judges sitting on the panel questioning why they waited years to sue.

  • December 19, 2018

    Royal Caribbean Escapes $700K Ice Skating Injury Verdict

    A Florida federal judge has tossed a nearly $700,000 jury verdict in a suit by a Royal Caribbean passenger who broke his ankle while ice skating on a ship, ruling Tuesday there was no evidence a jury could use to find that the cruise line knew about shoddy ice rink conditions.

  • December 19, 2018

    8th Circ. Says Med Mal Expert Properly Excluded At Trial

    The Eighth Circuit on Wednesday affirmed a midtrial win for Mayo Clinic Rochester in a suit over a staff doctor’s allegedly negligent prescription for a steroid that caused a man’s injuries, saying the patient’s medical expert was properly excluded from testifying at trial because he lacked practical experience.

  • December 19, 2018

    NJ Atty's Improper Argument Leads To New Slip-And-Fall Trial

    A New Jersey appeals court on Wednesday tossed a property owner’s trial win in a slip-and-fall case, ordering a new trial because the property owner’s attorney improperly gave jurors information during closing arguments that had not been admitted into evidence.

  • December 18, 2018

    Ala. Court Is 'Dead-Ass Broke,' Judge Says In Order

    An Alabama judge who agreed Tuesday to postpone a January trial in a personal injury case stemming from an auto collision told the parties they shouldn't expect a "quick reset" if they eventually do decide to bring the litigation before a jury, because the Mobile County state court system "is so dead-ass broke."

  • December 18, 2018

    Parkland School Shooting Survivors' Suit Gutted By Judge

    A Florida federal judge tossed the bulk of claims in a suit brought by 15 survivors of the school shooting in Parkland, Florida, saying Tuesday that Broward County school and police officials had no constitutional duty to protect students from harm inflicted by a third party.

  • December 18, 2018

    7th Circ. Nixes AIG's Win In Med Mal Deal Coverage Row

    The Seventh Circuit on Tuesday revived a dispute over whether AIG Specialty Casualty Insurance Co. should cover an Indiana medical insurer's post-verdict medical malpractice settlement, saying questions remain as to whether the insurer's initial refusal to settle was a wrongful act excluded from the policy.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    Gov’t Wins Trial Over Woman's Blood Clot Death

    A Maryland federal judge ruled in favor of the federal government Monday in a suit accusing a federally funded health clinic of causing a woman's death by failing to properly treat blood clots in her lungs, saying the government’s expert medical witness provided a persuasive argument on whether the patient's life could've been saved.

  • December 18, 2018

    Drug Evidence Tainted Train Death Trial, 6th Circ. Told

    A woman whose 13-year-old daughter was killed by a train after her bike stuck in the tracks urged the Sixth Circuit on Monday to order a new trial against railroad operator CSX Transportation, arguing a first jury was tainted by improper evidence about the girl’s use of antidepressants.

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    Both Sides In Insys Case Violated Media Rules, Judge Says

    A Boston federal judge issued a stern warning to lawyers on both sides of the Insys Therapeutics opioid kickback case on Monday, saying the U.S. Attorney's Office for Massachusetts and a defense attorney for Insys founder John Kapoor have each run afoul of court rules about talking to the media.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Jury Grants Royal Caribbean Win In Passenger Death Suit

    A Florida federal jury returned a verdict Monday in favor of Royal Caribbean in a Nebraska family's lawsuit alleging the cruise line's negligence caused their relative's fatal fall from one of its ships and that it intentionally inflicted emotional distress and falsely imprisoned them in the aftermath.

  • December 17, 2018

    Tenn. Court OKs Injured BNSF Employee’s $5M Trial Win

    A Tennessee appeals court on Monday affirmed a jury’s decision to award $5 million to a BNSF Railway Co. employee crushed by a shipping container due to another employee’s negligence, saying certain evidentiary decisions made by the trial judge were not an abuse of discretion.

  • December 17, 2018

    Gwen Stefani Can’t Escape Concert Stampede Injury Suit

    A North Carolina federal judge Monday rejected Gwen Stefani’s bid to escape a woman’s personal injury suit accusing the pop singer of inciting a concert stampede by imploring fans to move closer to the stage during a 2016 concert, but let venue owner Live Nation off the hook.

  • December 17, 2018

    High Court Can Skip Atty's Defamation Row, Yelp Says

    Yelp Inc. urged the U.S. Supreme Court to shoot down a personal injury attorney's ongoing efforts to force the customer review site to take down allegedly defamatory reviews by a former client, contending a California Supreme Court decision siding with the company isn't worth the justices' time.

  • December 17, 2018

    Trucking Co. Says Insurer Backed Out Of Required Coverage

    An explosive multivehicle tractor trailer crash has sparked a legal battle in Kansas federal court in which a trucking company accuses its insurer of failing to protect it from lawsuits filed by the accident's victims and even undermining it by taking their side.

  • December 17, 2018

    Anthem Nabs Fees To Sanction Insys In $19M Fentanyl Fight

    Insys Therapeutics Inc. has been sanctioned by an Arizona federal court for failing to prepare a witness who was supposed to answer questions about why employees replaced the word "cancer" with an exclamation point in emails, in Blue Cross Blue Shield's suit alleging that the embattled opioid maker bribed doctors to overprescribe its flagship painkiller, Subsys.

Expert Analysis

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.