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Personal Injury & Medical Malpractice

  • August 17, 2018

    Jefferson Airplane Singer Says NY Hospital Ended His Career

    A Manhattan hospital and several doctors are accused of committing medical malpractice that purportedly caused a career-ending injury to Jefferson Airplane co-founder and singer Marty Balin, according to a suit filed Thursday in New York federal court.

  • August 17, 2018

    Despite Abuse Horrors, Attys Feel Duty To Defend The Faith

    Despite horrific details in a recently unveiled grand jury report about sexual abuse suffered by more than a thousand victims at the hands of Catholic clergy in Pennsylvania, attorneys who have represented the church say that public scorn hasn't swayed them from their duty to provide a vigorous defense.

  • August 17, 2018

    Feds Fire Back At Sheldon Silver's Post-Conviction Bail Bid

    Federal prosecutors on Thursday rejected as “baseless” a request by Sheldon Silver to stay free while appealing his conviction and seven-year sentence for political corruption, telling a Manhattan federal judge that the jury that convicted the former New York Assembly speaker had clear instructions.

  • August 17, 2018

    PG&E Fire Liability Has Calif. Considering Ch. 11 Alternative

    As wildfires again ravage swaths of California forests in what has become a deadly summer ritual, the threat of a Pacific Gas and Electric Co. bankruptcy looms over state lawmakers who are hastily debating how to apportion liability for billions of dollars' worth of damage stemming from last year's infernos.

  • August 17, 2018

    Anderson Kill Woos Back Insurance Pro From Lowenstein

    Anderson Kill has lured back a former insurance recovery team member after a two-decade absence, nabbing him from his most recent home, Lowenstein Sandler, the new firm announced.

  • August 16, 2018

    Legal Funder Wants Fraud Suit Stayed After CFPB Ruling

    RD Legal Funding, the litigation funder accused of gouging NFL players and 9/11 responders who were loan customers, asked a Manhattan federal judge Wednesday to press pause on the suit as the Consumer Financial Protection Bureau appeals its surprise ejection — or to greenlight a broader appeal.

  • August 16, 2018

    Feds Settle Woman's Suit Over Undisclosed Pregnancy's Loss

    The federal government has agreed to settle a suit accusing a doctor employed by a federally funded clinic of negligently performing a gynecological procedure on a woman which caused her to unknowingly lose her pregnancy, according to documents filed Thursday in New Jersey federal court.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Texas Court Revives Patient's Liver Biopsy Injury Suit

    Following a rehearing, a Texas appellate court revived a suit accusing Houston Methodist Hospital of being responsible for injuries a woman suffered after her artery was nicked during a liver biopsy, saying Thursday the patient’s medical expert reports were flawed but potentially fixable.

  • August 16, 2018

    NY Appeals Court Halts New York Islanders Asbestos Claims

    A New York state appeals panel on Wednesday upheld the bulk of the dismissal of a Nassau Coliseum employee’s suit against New York Islanders Hockey Club and Nassau County alleging that he had sustained lung injuries from working at the arena, finding that he filed the suit too late.

  • August 16, 2018

    Texas Court Says Stroke Misdiagnosis Suit Can Proceed

    A Texas appellate court on Thursday allowed to move forward a suit accusing a doctor of failing to diagnose a woman's stroke that caused the woman to later suffer a second stroke, rejecting the doctor's argument that a medical expert's opinion submitted by the patient was conclusory.

  • August 16, 2018

    Wisconsin Injury Firm Gingras Cates Adds 3 Attys

    Wisconsin personal injury and civil rights law firm Gingras Cates & Wachs has hired three new attorneys to continue their work on the firm's core areas, including medical malpractice and employment, according to the firm.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    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 Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    City Solicitor Slammed In Pa. AG's Clergy Abuse Report

    A devastating grand jury report into sexual abuse by Catholic clergy in Pennsylvania includes allegations that an Allentown-based attorney, who was appointed as the city’s solicitor in May, worked to undermine one woman's claims by digging up damaging information about her and her family.

  • August 15, 2018

    NJ Damages Cap Applies To Clinic Sued In Death Of Newborn

    A New Jersey federal judge has ruled that a state law capping damages for charities at $250,000 applies to a federally funded health clinic facing a medical malpractice suit over the death of a newborn.

  • August 15, 2018

    Insurer Off Hook In Texas Employment Appeal

    A Texas appeals court on Wednesday blessed the win of insurer Texas Mutual in an underlying dispute over coverage for a policyholder whose employee sued after being injured in the course of railroad work.

  • August 15, 2018

    Tenn. Atty Suspended For Accusing Appellate Judges Of Bias

    The Tennessee Supreme Court has suspended a Memphis attorney for six months after finding that he accused three state appellate court judges who ruled against him of bias and ignoring the law, without any basis for his claims.

  • August 15, 2018

    Ford Should Escape Punitives In Asbestos Suit, Judge Says

    Ford should not face punitive damages in a longtime car and aircraft mechanic’s asbestos injury suit, a Delaware federal magistrate judge recommended Wednesday, saying the mechanic hasn’t presented plausible evidence that Ford acted egregiously in including asbestos in components.

  • August 15, 2018

    Johns Hopkins Ducks Suit Over Misdiagnosis Of Rare Disease

    A Maryland appellate panel has affirmed the midtrial dismissal of a suit accusing a Johns Hopkins Hospital doctor of misdiagnosing a woman with probable lung cancer instead of a rare disease she had strongly suspected she had contracted, ending a dispute over when the three-year limitations period began running.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • 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.