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Personal Injury & Medical Malpractice

  • October 26, 2018

    Doc Accused Of Causing Cancer To Spread Must Face Suit

    A Georgia appellate panel on Friday revived a suit accusing a doctor of contributing to a woman’s death from cancer because he approved a surgeon’s allegedly negligent decision to “morcellate,” or mince, a uterine mass during surgery that purportedly caused cancer to spread, saying an exception to the statute of limitations could apply.

  • October 25, 2018

    Texas Doc Must Face Suit Over Cancer Patient’s Death

    A Texas appeals court said Thursday an oncologist must face allegations that he contributed to a patient’s death by giving her a toxic chemotherapy drug without permission, saying an expert report passed muster.

  • October 25, 2018

    Geico Doesn't Owe Coverage For ATV Crash, NJ Court Says

    A New Jersey appellate court on Wednesday ruled that Geico doesn’t have to cover injuries caused when a girl crashed an all-terrain vehicle, reversing a trial court in finding that an ATV is not a “four-wheel passenger auto” covered by the girl’s parents’ auto insurance policy.

  • October 25, 2018

    NY Court Revives Med Mal Insurance Row Over $8.6M Award

    A New York appellate panel on Thursday revived a suit seeking to hold two medical malpractice insurance companies liable for an $8.6 million jury award over botched surgeries, saying there is a factual dispute over whether the insurers acted in bad faith in failing to settle the case.

  • October 25, 2018

    DOJ Unveils Appalachian Opioid Strike Force, $35M For Kids

    U.S. Attorney General Jeff Sessions on Thursday announced the creation of an opioid strike force to address the opioid crisis in Appalachia, as well as $35 million in funding to help children affected by opioid abuse and another $27.8 million in funding for state law enforcement.

  • October 25, 2018

    USC Sex Abuse Victims' Attys Blast $215M Class Suit Deal

    The University of Southern California's recently announced $215 million settlement to resolve a proposed federal class action accusing a former staff gynecologist of sexually abusing thousands of women is too low and does little to hold the university accountable for what could be decades of institutional negligence, attorneys for hundreds of the women said.

  • October 25, 2018

    Pa. Suit Claims Rite-Aid Staff Blurted Out Man's HIV Status

    Rite-Aid Corp. violated a Pennsylvania man's privacy when a staff member at one of its Pittsburgh stores publicly announced that a prescription being filled was to treat HIV, according to a lawsuit filed recently in state court.

  • October 24, 2018

    Insurer Needn't Cover Elevator Injury Suit, 5th Circ. Rules

    The Fifth Circuit ruled Wednesday an insurance company has no duty to defend or indemnify an elevator-maintenance business in a lawsuit filed by a man claiming injury after an elevator serviced by the company failed, reversing a lower court's ruling and holding that the policy bars coverage for the action.

  • October 24, 2018

    Caltrans Gets Retrial On How To Split $59M Crash Verdict

    A California appeals court on Tuesday ordered a new trial to determine what percentage the California Department of Transportation should bear of a $59 million verdict awarded to workers injured when a woman drove into a Caltrans job site, ruling that Caltrans should have been able to present evidence about the driver’s methamphetamine use.

  • October 24, 2018

    Eastman Escapes Wrongful Death Suit In Factory Explosion

    Eastman Chemical Co. has escaped claims that it should have prevented a 2016 explosion that killed one worker and injured others when a South Carolina federal judge found that the workers were independent contractors at the time of the blast.

  • October 24, 2018

    Fire Suppressant Co. Not Liable For $2M Factory Damage

    An Illinois state judge did not err in holding a fire suppression service company had no duty to a third party using the same space as the company with which it held a contract ahead of a factory fire that caused $2 million in damage, a state appeals panel held Tuesday.

  • October 24, 2018

    Gymnastics Club Looks To Dodge Nassar Sexual Assault Suits

    Michigan-based gymnastics club Twistars USA Inc., one of several locations where convicted pedophile Larry Nassar abused female gymnasts for decades, asked on Wednesday to be removed from one of the resulting lawsuits, claiming its owner and operator was just another victim “in an extraordinarily long line of people who were duped.”

  • October 24, 2018

    Med Mal Time Limits Questioned Before Pa. Justices

    Any time limit barring medical malpractice claims for previously undiscovered injuries should be unconstitutional for inhibiting a victim's access to the courts, an attorney for the recipient of a failed liver transplant at the University of Pittsburgh Medical Center argued Wednesday before the Supreme Court of Pennsylvania.

  • October 24, 2018

    Fatal Sex Act Warrants Accidental Death Pay, 7th Circ. Told

    At least one Seventh Circuit judge wrestled Wednesday over whether to uphold a lower court’s ruling that a life insurance company must pay out its policy to a woman whose husband died in 2016 following an act of autoerotic asphyxiation.

  • October 24, 2018

    Jury Awards $2.8M To Man Injured By Underinsured Driver

    A Florida jury has found in a 12-year-old case that Geico owes roughly $2.8 million to one of its policyholders who was injured in a freeway pileup caused by an underinsured big-rig driver, finding that the crash was entirely the fault of the truck driver, while a Geico attorney says the company ultimately will owe few or no damages due to the complex history of the case.

  • October 24, 2018

    Trucking Co. XPO To Pay $8M To Driver T-Boned By Semi

    XPO Logistics Inc. has reached an $8 million settlement with a driver who brought a negligence lawsuit after he was broadsided by one of the company’s semi tractor-trailers during his morning commute in suburban Chicago.

  • October 24, 2018

    Pa. Hospital Calls Email To PR Firm Protected Work Product

    A hospital's attorneys' emails to a public relations consultant should be protected from discovery in a doctor's defamation lawsuit because they are privileged work product between members of the same team, a hospital attorney said on Wednesday before the Supreme Court of Pennsylvania.

  • October 24, 2018

    Ex-NY Senate Leader Gets 4 Years For 2nd Graft Conviction

    Former New York State Senate Majority Leader Dean Skelos was sentenced Wednesday to four years and three months in prison, following his second corruption conviction for coercing businesses into directing payments to his son, Adam.

  • October 23, 2018

    9th Circ. Revives Children's Nestle 'Slave Labor' Suit

    The Ninth Circuit revived a proposed class action brought by alleged victims of human trafficking who accuse Nestle and Cargill of abetting child slavery on African cocoa farms by paying off slave owners, finding Tuesday that the allegation falls within the scope of the Alien Tort Statute’s language on torts committed in violation of the law of nations.

  • October 23, 2018

    Calif. Panel OKs Retrial Over Fatal Greyhound Crash

    A California appeals court tossed a jury verdict clearing a Greyhound Lines Inc. driver of negligence in a 2010 crash that killed six people, saying on Tuesday that a new trial was warranted because the evidence did not support the jury's finding.

Expert Analysis

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.

  • Looking Forward To Oral Argument In BNSF V. Loos

    Christopher Collier

    In the coming term, the U.S. Supreme Court will hear oral argument in BNSF Railway v. Michael Loos and decide whether a railroad employer is required to withhold employment tax from work-related personal injury awards. The ruling will affect thousands of claims made by railway workers each year, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.