Personal Injury & Medical Malpractice

  • January 29, 2018

    Texas Panel Says Basic Owes For Employee Death Litigation

    A Texas appeals court on Friday affirmed that, under the plain terms of a contract, well services company Basic Energy Services LP will have to defend and indemnify Exco Resources Inc. and several other energy companies for litigation costs tied to the death of a Basic worker in an accident at a well Exco was operating.

  • January 29, 2018

    NCAA, Notre Dame Say Football Concussion Suit Time-Barred

    An Ohio appellate court was wrong to revive part of a former Notre Dame University football player’s concussion lawsuit, the school and the NCAA said Friday, arguing that all of his claims are time-barred.

  • January 29, 2018

    NY Set To Extend Time Limits For Cancer Patients' Claims

    New York is set to adopt a law that will delay the running clock on cancer patients’ medical malpractice claims until the date the alleged injury was discovered, after Gov. Andrew Cuomo and lawmakers said Sunday they have reached a compromise on the stalled legislation.

  • January 29, 2018

    Pharmacist Should Pay Meningitis Victims $82M, Gov't Says

    The United States urged a Massachusetts federal judge Friday to order a former New England Compounding Center pharmacist to pay $82 million in restitution to victims of a 2012 deadly meningitis outbreak tied to the pharmacy.

  • January 29, 2018

    Expert's Resume Gap Dooms Dental Implant Suit: Conn. Panel

    A Connecticut appeals panel has upheld the dismissal of a patient's malpractice suit against an oral surgeon over an allegedly failed implant procedure, finding that an expert the patient provided was not qualified to speak on the subject because he is not a maxillofacial surgeon.

  • January 29, 2018

    DC Circ. Keeps McDonald's Out Of Drunken Fight Death Suit

    The U.S. Court of Appeals for the District of Columbia ruled Friday that the family of a man who died in a drunken brawl that started at a Washington, D.C., McDonald’s could not sue the fast food chain, but did move to revive claims against the bars that served the alleged assailant prior to the fight.

  • January 29, 2018

    Ill. Doctor Couldn't Block New Expert In Misdiagnosis Suit

    An Illinois appellate court on Friday revived a suit accusing a doctor of misdiagnosing a patient’s heart condition and contributing to his death, ruling that the lower court was wrong not to allow the patient’s family to add a new expert witness.

  • January 29, 2018

    4 Tort Reform Challenges To Watch

    Despite state legislators’ best efforts, laws aimed at curbing medical malpractice and personal injury lawsuits by capping potential damages or instituting presuit requirements have come under fire across the country. Here, Law360 takes a look at four closely watched constitutional challenges to state tort reform laws.

  • January 26, 2018

    NJ Med Mal Suit Moves Ahead Despite Late Expert Report

    A New Jersey federal judge on Friday allowed a medical malpractice action to move forward from a man alleging the negligence of a doctor and a hospital during his birth caused him to develop a brain condition, stopping short of tossing the suit over the late filing of his expert report.

  • January 26, 2018

    Fla. Amputee Gets $109M After Botched Cyst Removal

    After three trials and two hung juries, a jury in Florida state court awarded a former U.S. Department of Defense worker $109 million Friday, finding her doctor’s failure to perform a basic surgery resulted in the loss of all of her limbs, Fox 13 News reported.

  • January 26, 2018

    Texas City Immune From Car Crash Death Suit, 5th Circ. Told

    The city of Austin on Thursday told the Fifth Circuit that claims brought against it by the family of a man who was killed by a drunken driver during the city's SXSW festival must be dismissed because it is immune from the suit under the law.

  • January 26, 2018

    Mich. Nurses Off Hook In Employment Discrimination Row

    Two nursing employees at the University of Michigan were freed from a discrimination suit brought by a nurse who was fired after she allegedly put a pillow over a patient’s face, according to a state appeals court ruling Thursday that found the nurses were immune from the claims.

  • January 26, 2018

    New Orleans Doc Gets 10 Years For Running Opioid ‘Pill Mill’

    A New Orleans doctor was sentenced Thursday to serve 10 years in prison and forfeit millions of dollars for running an opioid “pill mill” that attracted up to 70 patients a day, many coming from out-of-state and waiting eight hours for drugs, federal authorities said.

  • January 26, 2018

    11th Circ. Won't Rehear Humana Suit Over Medicare Funds

    The Eleventh Circuit won’t review a ruling that said Humana could sue Western Heritage Insurance Co. for double damages over an injury at a Florida condominium, a decision a dissenting judge said could have widespread effects on litigation and the insurance industry.

  • January 26, 2018

    Feds Settles Suit Over VA Patient's Spinal Misdiagnosis

    A Louisiana veteran has settled his suit against the federal government alleging doctors at a U.S. Department Veterans Affairs hospital and a local emergency room misdiagnosed a spinal condition, which led to ongoing weakness in his lower body that required wheelchair use, according to a court document.

  • January 26, 2018

    Nassar Conviction Sparks House Probe Into Abuse In Sports

    A bipartisan U.S. House of Representatives committee opened an investigation into sex abuse in organized sports on Friday, the same day Michigan State University’s athletics director stepped down amid ongoing fallout over former USA Gymnastics team doctor Larry Nassar’s sexual abuse conviction.

  • January 26, 2018

    NHL, Player's Kin Spar Over CBA's Role In 7th Circ. Fight

    The National Hockey League and the parents of deceased player Derek Boogaard traded arguments at the Seventh Circuit on Thursday over whether the district court had authority to hear the couple’s wrongful death case, filing dueling briefs that focused on the relationship between the suit's claims and the league’s collective bargaining agreement.

  • January 26, 2018

    Md. Court Upholds Pulling Dentist’s License for Drug Use

    A Maryland appeals court has upheld a state medical board’s revocation of a dentist’s license for chronic cocaine use, rejecting the dentist’s appeal on grounds that drug test results used against him were unreliable and the board overreached its statutory authority.

  • January 26, 2018

    Pa. Court Won't Rehear Murder-Suicide Insurance Row

    A Pennsylvania appeals court has shot down Erie Insurance Exchange’s bid for reargument challenging a November ruling that put it back on the hook for defending a man’s estate over claims related to gunshot wounds suffered by a bystander who walked in on a murder-suicide incident.

  • January 26, 2018

    Pa. Justices Urged Not To Revive $2M Store Shooting Award

    Giant Eagle Inc. urged the Pennsylvania Supreme Court in a brief on Thursday to uphold a decision that the chain had properly challenged a $2.1 million verdict over a shooting outside one of its convenience stores that was thrown out on appeal.

Expert Analysis

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.