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Personal Injury & Medical Malpractice

  • December 11, 2018

    Delta Flies Away From $1M 'Wrongful Detention' Suit

    A noted Massachusetts doctor waited too long to file his lawsuit alleging he was wrongly detained by a Delta Airlines Inc. employee, a federal judge said Tuesday, dismissing the $1 million suit due to the rules set forth in the Montreal Convention treaty on international air travel.

  • December 10, 2018

    New Nassar Abuse Probe Spotlights Institutional Failures

    The two organizations responsible for protecting young gymnasts from harm ignored and covered up credible allegations against Dr. Larry Nassar, acting as part of an "ecosystem" that gave him unimpeded license to abuse hundreds of children, a new Ropes & Gray LLP investigative report revealed Monday.

  • December 10, 2018

    Ret. Judge Tapped To Probe NFL Settlement Fraud Allegations

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement appointed a retired judge Monday to serve as a special fraud investigator to dig into allegations that doctors and players were gaming the system, handing the league a quiet win on a request that had been embroiled in a firestorm of controversy just a few months ago.

  • December 10, 2018

    9th Circ. Won't Revive Sex Assault Suit Against NBA Star

    The Ninth Circuit declined Monday to sanction a woman who unsuccessfully sued NBA star Derrick Rose and his friends for $21.5 million for allegedly sexually assaulting her, but declined to revive the suit, defending a district court's decisions regarding what evidence to allow.

  • December 10, 2018

    Intent Is Focus At Trial On Royal Caribbean Passenger Death

    Florida federal jurors were shown five seconds of gritty video that captured a passenger's fatal fall from a Royal Caribbean cruise ship in December 2016 during the first day of a trial Monday that tasks them with deciding whether the incident was accidental or intentional.

  • December 10, 2018

    Ship Has Sailed On Royal Caribbean Injury Suit: 11th Circ.

    The Eleventh Circuit on Monday affirmed a Florida federal court's ruling granting summary judgment for Royal Caribbean in a personal injury lawsuit, finding that the suit was filed too late based on what was clearly stated in the cruise company’s ticket contract.

  • December 10, 2018

    Supreme Court To Review Merchant Seaman Injury Suit

    The U.S. Supreme Court said Friday it will hear a suit brought by an injured merchant seaman seeking punitive damages for the common-law maritime claim of unseaworthiness in a case that will likely resolve a conflict among the Fifth and Ninth Circuits.

  • December 10, 2018

    Dentist Can't Appeal Evidence Admission, Texas Panel Says

    A Texas appeals court has denied a dentist’s appeal of a malpractice verdict in which a jury awarded $200,000 to a patient over botched treatments, saying he could not rely on two separate rules to contest the admission of the same character evidence.

  • December 10, 2018

    Move Montgomery McCracken Malpractice Row To NY: Judge

    A Pennsylvania federal magistrate judge recommended on Monday that a proposed class action accusing Montgomery McCracken Walker & Rhoads LLP of botching toxic tort claims against Tronox Inc. be moved to the same New York court where the alleged $620 million malpractice took place as part of a bankruptcy proceeding.

  • December 7, 2018

    Texas Court Affirms Tollway Agency's Immunity In Death Suit

    A Texas appellate panel on Thursday affirmed a lower court’s dismissal of claims against the North Texas Tollway Authority in a wrongful death suit filed by the father of a man who collided with a downed light pole on the tollway, finding that the agency only knew the pole was down one minute before the collision.

  • December 7, 2018

    Ohio Justices Cut $1.5M Award To Nurse Defamed By Hospital

    The Ohio Supreme Court said Friday that defamation is a kind of injury to a person and is subject to caps on personal injury damages, commanding a lower court to go back and reduce a $1.5 million defamation award to a nurse who was fired after supporting a union organizing effort at her hospital.

  • December 7, 2018

    Texas Panel Won’t Let Doctor Duck Suit Over Bowel Injury

    A Texas appellate court on Friday said a New Braunfels-based doctor can't escape a suit accusing him of failing to diagnose appendicitis in a timely manner, ruling that his former patient's expert medical report supported claims that the delayed diagnosis contributed to his bowel injury.

  • December 7, 2018

    Pa. Appeals Court Upholds SEPTA Win In Bus Injury Suit

    A woman who claims she was injured on a Philadelphia bus when an intoxicated passenger grabbed her neck after the vehicle accelerated can't prove the Southeastern Pennsylvania Transportation Authority was negligent, a Pennsylvania appeals court ruled Thursday.

  • December 7, 2018

    Morgan & Morgan Can't Nix $5M Legal Malpractice Verdict

    A Florida state judge has rejected Morgan & Morgan PA’s bids to vacate or reduce a $5 million jury award in a legal malpractice suit accusing a firm attorney of botching a medical malpractice suit over a baby's brain damage.

  • December 7, 2018

    NJ Justices Take Up Geico's Challenge Of Auto Coverage Law

    The New Jersey Supreme Court has agreed to weigh Geico's challenge of a state statute requiring auto policies issued out of state to provide a minimum amount of bodily injury liability coverage when the insured drivers are involved in accidents in the Garden State, according to an order made public Friday.

  • December 7, 2018

    NJ Justices Won't Review Facebook Pics Ruling In Crash Row

    The New Jersey Supreme Court has declined to review an appeals court’s decision mandating a new trial for a man who claimed to be disabled in a car accident because the trial judge didn’t allow cross-examination about social media photos suggesting he was going to partake in physical activity.  

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    Co. Seeks To Dump Jury Verdict In Coal Ash Liability Case

    Jacobs Engineering Group Inc. on Wednesday urged a Tennessee federal judge to vacate a jury’s finding that the company breached its contractual requirement to protect workers on a coal ash spill clean up, arguing no reasonable jury could have found it was acting outside the bounds of the contract. 

  • December 6, 2018

    5th Circ. Says Alcoa Can't Dodge Plant Worker's Injury Suit

    The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.

  • December 6, 2018

    NY Terror Plotter's 240-Month Jail Time Affirmed By 2nd Circ.

    The Second Circuit on Thursday affirmed a 240-month sentence for a man convicted of plotting with the Islamic State group to attack people at Merchant’s Grill in Rochester, New York, slapping down his “meritless” bid for a lower sentence despite his claims of being mentally ill.

Expert Analysis

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • DOJ Is Getting Creative, And Aggressive, On Opioids

    Michael Blume

    Last month, the U.S. Department of Justice obtained court orders barring two Ohio doctors from selling controlled substances. The statutory provisions it used are broadly worded, and if past is prologue, the DOJ could be getting ready to demand big changes from any entity that is a part of the opioid supply chain, say Michael Blume and Todd Halpern of Venable LLP.

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.