We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Personal Injury & Medical Malpractice

  • September 21, 2018

    Jury Awards $9.1M In Cyclist's Crash Suit Against LA, Caltrans

    A California jury on Thursday awarded $9.1 million in a suit accusing the city of Los Angeles and Caltrans of failing to properly maintain a section of a Southern California coastline highway, causing a cyclist’s crash that resulted in significant brain damage.

  • September 21, 2018

    Calif. Gov. Signs Wildfire Bills, Limiting PG&E Liability

    California Gov. Jerry Brown signed a package of bills Friday that aims to help the state prevent and recover from catastrophic wildfires, including a controversial bill that critics call a bailout for Pacific Gas and Electric Co. but that its author says is needed to save the liability-burdened utility from bankruptcy.

  • September 21, 2018

    Patient Drops Blood-Clot Suit Against Gov't, Army Hospital

    A New Mexico federal judge on Friday dismissed a U.S. Army hospital patient's suit against the federal government over allegedly negligent treatment of a blood clot after the parties voluntarily agreed to drop the claims. 

  • September 21, 2018

    Texas Court Affirms Defense Verdict In Botched Surgery Suit

    A Texas appellate panel on Thursday affirmed a jury’s decision to clear a doctor in a suit accusing him of botching a woman’s hysterectomy and causing serious injuries, rejecting the woman’s argument that the trial judge erred by refusing to strike two potential jurors.

  • September 20, 2018

    Blink-182 Drummer Sues Over Crash, Injury That Halted Gigs

    Blink-182 drummer Travis Barker filed a lawsuit Tuesday over two incidents this summer — a medical procedure and a car crash — that he says forced the band to cancel two reunion projects, a Las Vegas residency and an upcoming tour.

  • September 20, 2018

    Immigrants, Feds Face Off Over Mental Health Care Injunction

    A proposed class of immigrant parents who have been detained and separated from their children under Trump administration policy faced off with the federal government in California federal court on Thursday, debating whether an injunction can be imposed to ensure mental health care is provided to the families.

  • September 20, 2018

    11th Circ. Asked To Reconsider 'Poop Cruise' Suit Dismissal

    Carnival passengers who were stranded at sea in a 2013 incident known as the “Poop Cruise” asked the Eleventh Circuit on Thursday to reconsider an August decision to toss their suit, saying the ruling runs counter to U.S. Supreme Court precedent.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    Reality Show HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of an ABC documentary series, federal regulators announced Thursday.

  • September 20, 2018

    Houston Pill Mill Doc, Clinic Chief Each Get 35 Years In Prison

    A Houston doctor and the owner of the pain management clinic where she worked were each sentenced to 35 years in prison by a federal judge in Texas on Thursday for their roles in running what prosecutors called the “most prolific hydrocodone pill mill in Houston.”

  • September 20, 2018

    6th Circ. Says Contractor Must Face Nursing Home Death Suit

    The Sixth Circuit on Thursday partially revived a suit brought by a nursing home claiming a contractor should be on the hook for a $3.65 million settlement the home paid to the family of a patient who died, saying the deal precludes only one of two claims.

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    NY Court Tosses Gas Blast Suit Against National Grid Unit

    A New York appeals court on Wednesday dismissed a suit accusing a National Grid PLC subsidiary of being responsible for a gas explosion during Superstorm Sandy, saying the company established that it wasn't negligent in the installation or maintenance of the disturbed gas service line.

  • September 20, 2018

    Nursing Home Takes Death Suit To Texas Justices

    A Texas nursing home is taking its fight over a man’s death to the state Supreme Court, saying Thursday that the suit has moved forward only because an appeals court allowed the late patient’s daughter to use an impermissibly flawed expert report.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

  • September 19, 2018

    Mass. Doc Dodges Prison After Giving Patient Info To Drug Co.

    A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.

  • September 19, 2018

    La. Panel Revives Suit Over LSU Med School Prof'’s Firing

    A Louisiana appeals court on Wednesday revived a suit accusing Louisiana State University Medical Center of wrongfully terminating a tenured medical school professor, saying a dispute exists over whether the professor’s threat to resign can be considered a verbal resignation.

  • September 19, 2018

    Texas Employer Beats Suit From Worker Who Suffered Stroke

    A Texas appeals court on Wednesday tossed a suit accusing a company of failing to provide an employee with medical care after he exhibited stroke symptoms at work, saying the employee did not present evidence that the company owed a legal duty to provide him medical care.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Calif. Surgeon, Girlfriend Charged With Sexual Assault

    The Orange County district attorney’s office has accused a California surgeon who once appeared on a Bravo dating show and his girlfriend of drugging and sexually assaulting two women, and prosecutors say there may be significantly more victims who haven't come forward.

Expert Analysis

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Lax Regulations Make Scooters A Perfect Liability Storm

    Neama Rahmani

    Scooters and mopeds are all the rage across the country, but these cheap rides can be costly in terms of public safety. It’s a perfect storm from a safety and liability standpoint. States and cities must enact laws that protect drivers and pedestrians, including licensing and insurance requirements, says Neama Rahmani of West Coast Trial Lawyers.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.