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

  • July 20, 2018

    NH High Court Affirms $750K Verdict For Applebee's Patron

    The New Hampshire Supreme Court has upheld a $750,000 jury verdict awarded to an Applebee's patron who said he got salmonella from a hamburger served by the restaurant, shooting down the eatery's claims that the lower court made a number of errors during the trial.

  • July 20, 2018

    Philly Atty, Firm Must Pay Client $656K For Malpractice

    A Pennsylvania federal judge has ordered a law firm to fork over $656,923 after being sued for malpractice by a client who was himself sued for assault and battery and ended up being hit with a $1.3 million judgment after his attorneys put up virtually no defense.

  • July 19, 2018

    Hernandez Team Seeks To Return CTE Case To State Court

    The guardian of the minor daughter of the late New England Patriots tight end Aaron Hernandez asked a Pennsylvania federal court Wednesday to reverse the decision to join her claims to the NFL concussion multidistrict litigation, saying her claims have a different basis than the MDL ones.

  • July 19, 2018

    MGM’s Bid To Dodge Vegas Shooting Liability Seen As Gamble

    After MGM’s recent preemptive actions to escape liability over last year’s mass shooting at a concert in Las Vegas sparked widespread public backlash, experts said the hospitality giant is misreading the anti-terrorism law it cites and faces long odds in this case of first impression.

  • July 19, 2018

    Immigrants Ask Court To Hasten Care For Separated Families

    A proposed class of immigrant parents who have been detained and separated from their children urged a California federal judge on Wednesday to quickly provide effective mental health care to families who have been impacted by the Trump administration’s family separation policy.

  • July 19, 2018

    Security Co. Not Owed Defense In Waffle House Shooting Suit

    Nautilus Insurance Co. doesn’t have to defend a security contractor for an Atlanta Waffle House in a lawsuit alleging it failed to stop a restaurant employee from fatally shooting a patron in 2014, a Georgia federal judge ruled on Thursday, holding that a policy exclusion for assault and battery claims clearly bars coverage.

  • July 19, 2018

    Ex-CBS Radio Worker Says WFAN Let Host Harass Her

    A former CBS Radio advertising account executive has accused the company and its new owner of cultivating a sexist work environment at New York-area sports station WFAN, letting host Joseph Benigno harass her and using a fight that broke out in the network’s suite during last year’s Conor McGregor-Floyd Mayweather boxing bout as an excuse to fire her.

  • July 19, 2018

    High-Low Deal Blocks Fees In Med Mal Row, NJ Justices Say

    A widow cannot seek attorneys' fees in a New Jersey medical malpractice action under the so-called offer-of-judgment rule because she did not explicitly preserve that claim when the parties agreed to a maximum judgment of $1 million regardless of a jury's award, the state Supreme Court ruled Thursday.

  • July 19, 2018

    Dismissal After Theft Of Atty's Files Too Harsh, Court Rules

    For the second time, a Florida state appeals court has revived a woman's personal injury case that was tossed by a trial judge because her attorney missed a number of pretrial deadlines, finding that outright dismissal was too harsh a sanction given the attorney's case files were stolen from her office "literally overnight."

  • July 18, 2018

    Pa. Panel Urged To Revive Atty's Sanction Abuse Suit

    A Pennsylvania appeals court heard arguments on Wednesday over whether to revive claims that lawyers from Klehr Harrison Harvey Branzburg LLP and Messa & Associates PC engaged in abusive litigation tactics in securing a $1 million sanction, which was later dismissed, against a defense attorney in a medical malpractice case.

  • July 18, 2018

    NFL Can't Get Probe For Concussion Settlement, For Now

    A Pennsylvania federal judge declined Tuesday to appoint a special investigator to help sort through potential fraudulent claims submitted against the NFL’s billion-dollar concussion settlement, saying that the current screening process was working properly as is.

  • July 18, 2018

    MGM Sues More Las Vegas Shooting Victims

    Amid online outrage over its suit last week, MGM Resorts International doubled down Tuesday on litigation against victims of October’s Mandalay Bay mass shooting in Las Vegas, filing two more suits in Arizona and California claiming that a 2002 anti-terrorism law protects it from liability for victims' injuries.

  • July 18, 2018

    Razor Wants Dad DQ'd As Child's Atty In Scooter Injury Suit

    Razor USA LLC moved Wednesday to disqualify an attorney representing his 11-year-old daughter in a suit alleging she was severely injured by a Razor scooter, arguing that the attorney was a key witness to multiple aspects of the case and should thus be removed.

  • July 18, 2018

    Insurer Needn't Defend Bar In Fatal Stabbing Suit

    Nautilus Insurance Co. doesn’t have to cover a Philadelphia bar facing a wrongful death suit over a patron who was stabbed 11 times for stealing alcohol, a Pennsylvania federal court said Tuesday, finding that a “bodily injury exclusion” clearly applies.

  • July 18, 2018

    Survival Claim Over Patients' Bedsores Revived

    A Pennsylvania appeals court has revived a survival claim made by the family of a man who died from bedsores allegedly worsened by two medical facilities' negligence, saying the deadline to file the claim is not two years from when the sores developed, as the lower court held, but two years from the time of death.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Insurer Says It Doesn't Owe Coverage For Fatal Parade Crash

    A Dallas auto body shop isn't covered for a fatal crash involving an affiliated motorsports team during a parade, an insurer has told a Texas federal judge, arguing the shop isn't the party responsible for the crash and lied in its insurance application about whether it had any sports sponsorships.

  • July 17, 2018

    Floyd Mayweather Can't Duck All Of Ex's Defamation Case

    Floyd Mayweather must face defamation claims over comments he made in an interview with Katie Couric following his conviction for battery constituting domestic violence, a California appeals court ruled Monday, though it dismissed claims for emotional distress arising from the interview.

  • July 17, 2018

    NJ High Court Revives Negligence Suit Over Elevator Injury

    The New Jersey Supreme Court on Tuesday revived a lawsuit from a woman who was injured by closing elevator doors at her Hackensack building, ruling that she is entitled to an inference of negligence in her claims against a condominium association and related parties.

  • July 17, 2018

    Subcontractor At Fault In Worker's Fatal Fall: 8th Circ.

    The Eighth Circuit on Tuesday said a subcontractor for a Missouri warehouse construction project is criminally liable for the fatal fall of an employee, affirming a guilty verdict and rejecting arguments that prosecutors failed to present sufficient evidence at trial or that the punishment did not fit the crime.

Expert Analysis

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A Key Rhode Island Ruling On Take-Home Asbestos Exposure

    Thaddeus Lenkiewicz

    Last month a Rhode Island court addressed for the first time whether an entity has a duty of care to protect nonemployees from exposure to the asbestos-tainted work clothes of the entity’s employee. The decision reveals a willingness of the court to extend an employer’s duty to household members of employees, says Thaddeus Lenkiewicz of Manning Gross & Massenburg LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Reining In Abusive Alien Tort Statute Cases

    Perlette Jura

    The most obvious takeaway from the U.S. Supreme Court's decision in Jesner v. Arab Bank is that non-U.S. corporations no longer need to fear Alien Tort Statute liability. But tucked within the decision’s holding and its various concurring opinions are other key points, say attorneys with Gibson Dunn & Crutcher LLP.

  • For Some Insurance Claims, Plain Language Isn’t Enough

    Robert Helfand

    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • Opinion

    Suing Gun Makers Is Not The Way To Curb Gun Violence

    Victor Schwartz

    Those seeking to stop gun violence should focus on convincing their elected representatives to enact thoughtful gun regulation, not creating new lawsuits. Repealing the Protection of Lawful Commerce in Arms Act, as some have called for, would trample the rights of product manufacturers and siphon the blame away from criminals, says Victor Schwartz, co-chair of the public policy group at Shook Hardy & Bacon LLP.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.