Personal Injury & Medical Malpractice

  • June 05, 2020

    $6.3M Verdict Reinstated In Botched Plastic Surgery Suit

    A California appellate panel has reinstated a $6.3 million jury verdict in a suit accusing a plastic surgeon of botching a woman's neck and face procedure, saying a lower court's post-trial determination that the suit was untimely was erroneous.

  • June 05, 2020

    PG&E's Share Terms For Fire Survivors Unfair, Judge Told

    Wildfire survivors on Friday urged a California federal judge overseeing Pacific Gas and Electric Co.'s $59 billion chapter 11 reorganization plan to ensure that they don't have to wait years to liquidate the PG&E stock in their wildfire liability settlement, saying PG&E can't give other shareholders better terms.

  • June 05, 2020

    Attys In Floyd Case: An Inside Look At Civil Rights Work

    Representing victims of police violence and those victims' families requires attorneys to tap into skills they never learned in law school and to serve roles beyond that of legal counsel, according to attorneys for George Floyd's 6-year-old daughter and her mother.

  • June 05, 2020

    Fla. Jail Inmates Sue Sheriff Over Failure To Stop Virus Spread

    Inmates at Broward County Jail filed a proposed class suit Friday against the county sheriff's office demanding the release of medically vulnerable people to home confinement and improved conditions within the jail to prevent the spread of the coronavirus.

  • June 05, 2020

    Family Of Crash Victim Opposes Review Of Fla. Court Rules

    The family of a man who died when he slammed his pickup into a large cargo truck has urged the Florida Supreme Court to dismiss the truck owner's appeal raising questions about the state's summary judgment standard, saying the case is not appropriate for considering rule changes.

  • June 05, 2020

    Iowa Justices Revive Coverage Suit Over Park Worker's Death

    The Iowa Supreme Court on Friday sent a coverage suit over the death of an employee of Adventureland Amusement Park back to the state district court, saying the lower court was wrong to rule that a gross negligence pleading forecloses coverage for an "accident."

  • June 05, 2020

    Coronavirus Q&A: King & Spalding's Health Team Leader

    In this edition of Coronavirus Q&A, King & Spalding LLP's national health team leader discusses how health care providers are struggling to resume normal operations, what the pandemic means for M&A, and why COVID-19 will spark a litigation firestorm involving insurance reimbursement, workplace safety, patient deaths and the False Claims Act.

  • June 05, 2020

    7th Circ. Weighs Bid To Cut Damages In $8.3M Birth Injury Suit

    The Seventh Circuit on Friday challenged the U.S. government's request to vacate a judge's $8.3 million award for a boy who suffered a serious shoulder injury during birth, pointing to a government expert's own testimony as a potential reason to affirm it.

  • June 05, 2020

    Texas High Court Will Hear $15M Repairman Injury Suit

    The Texas Supreme Court on Friday agreed to review a $15 million jury verdict that held two companies that make and design air conditioning parts liable to a technician who was engulfed in flames when a compressor exploded and ignited.

  • June 05, 2020

    Law360's Tort Report: COVID-19 Biz Immunity Laws Passed

    The passage of state legislation shielding businesses from civil suits related to COVID-19 and a $22.5 million deal to end suits over Catholic Church sexual abuse in Minnesota lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 05, 2020

    Texas Justices OK Worker's $1.7M Win Against W&T Offshore

    The Texas Supreme Court ruled Friday that W&T Offshore Inc. must pay $1.7 million to an injured offshore drilling platform worker after the company failed to secure jury findings to support its defense that he was a "borrowed employee" barred from suing the company for negligence.

  • June 05, 2020

    High Court Ruling May KO 2nd Circ. WWE Injury Appeals

    A Second Circuit panel looked ready Friday to apply recent Supreme Court guidance on timeliness of appeals in consolidated cases, after grouped suits claiming World Wrestling Entertainment hid the risks of head injuries were dismissed by a Connecticut federal judge.

  • June 05, 2020

    Contractor Renews Immunity Bid In Coal Worker Injury Suit

    Jacobs Engineering Group Inc. is arguing a recent U.S. Supreme Court decision upended a Tennessee federal judge's prior refusal to grant the contractor immunity from claims it failed to protect workers during a coal ash spill cleanup in Tennessee.

  • June 05, 2020

    Health Hires: Epstein Becker, Clyde & Co., Prevail

    Epstein Becker has poached a U.S. Food and Drug Administration law expert from Hogan Lovells, Clyde & Co. nabbed two health care partners across the pond and Prevail Therapeutics hired away an in-house lawyer from Allergan, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • June 04, 2020

    Conn. High Court OKs $5.8M Award For Baby Birth Injury

    The Connecticut Supreme Court has affirmed a $4.2 million jury verdict and $1.6 million in "compromise interest" awarded in a suit accusing a nurse midwife of causing a newborn's severe shoulder injury, saying the nurse failed to timely appeal the judgment.

  • June 04, 2020

    Japanese Co.'s US Ties Can't Keep Navy Sailors' Suit Afloat

    A Japanese shipping company's operations and investments in the U.S. are not enough to give a Louisiana federal court jurisdiction over accusations that it is responsible for a collision that killed seven Navy sailors, according to a Thursday opinion.

  • June 04, 2020

    Ill. McDonald's Workers Say Safety Concerns Persist At Work

    Two McDonald's employees testified Thursday that inadequate information and a lack of physical distancing are behind their bid to have an Illinois state judge order the fast-food giant to better protect them amid the ongoing COVID-19 pandemic.

  • June 04, 2020

    PG&E Bankruptcy Plan Is 'House Of Cards,' Objectors Warn

    Pacific Gas and Electric Co.'s $59 billion Chapter 11 reorganization plan does not adequately mitigate wildfire risks or prioritize wildfire survivors, challengers to the plan told a U.S. bankruptcy judge during a bench trial Thursday, calling the plan a "house of cards" that should not be confirmed.

  • June 04, 2020

    Investor Sues Victoria's Secret Parent Over 'Toxic Culture'

    A stockholder of Victoria's Secret owner L Brands Inc. sued the parent company in Delaware's Chancery Court on Thursday for access to records regarding an alleged "toxic culture" of sexual harassment and intimidation at the women's lingerie retailer, citing the company's failure to voluntarily produce documents.

  • June 04, 2020

    Va. Justices Revive Med Mal Suit Axed For 'Double Recovery'

    The Virginia Supreme Court on Thursday revived a suit accusing three doctors of partially causing a patient's death due to negligence, saying the settlement of a separate but related case against Kentucky health care providers can't be considered an impermissible potential "double recovery."

  • June 04, 2020

    NJ Trampoline Park Visitors Must Arbitrate Injury Claims

    The New Jersey state appeals court affirmed Thursday that Sky Zone customers who sued the trampoline park for injuries must arbitrate their claims, reasoning that issues with the designated arbitration forum didn't invalidate the agreement to settle the claims out of court.

  • June 03, 2020

    PG&E Warns Of 'Draconian' Results If Bankruptcy Plan Denied

    Pacific Gas and Electric Co. urged a U.S. bankruptcy judge to confirm its $58 billion reorganization plan during a bench trial Wednesday, slamming an objector's allegations of a potential conflict of interest as "absolutely preposterous" and warning of "draconian" results for wildfire victims if the plan is not confirmed.

  • June 03, 2020

    As Protests Rage, Supreme Court Eyes Immunity For Cops

    As protests against police brutality continue across the U.S. in response to the death of George Floyd, the U.S. Supreme Court is considering reexamining old rulings that give legal cover to police officers accused of misconduct.

  • June 03, 2020

    Amazon Workers Say NY Warehouse Unsafe Amid COVID-19

    Amazon has failed to follow laws and health guidelines amid the coronavirus pandemic at its fulfillment center on Staten Island, leading to the death and injury of warehouse workers and their families, according to a lawsuit filed Wednesday in New York federal court.

  • June 03, 2020

    Pa. Panel Warned Of Privilege Erosion In Divorce File Fight

    An attorney for a widow locked in a dispute over purportedly privileged divorce records warned a Pennsylvania appeals court Wednesday that forcing her to turn over the material as part of a wrongful death suit she brought on behalf of her late husband would eviscerate key principles of attorney-client confidentiality.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Cos. Must Prepare For COVID-19 Workers' Comp Claims

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    Businesses should focus on employee health and safety and consider a response plan to address COVID-19 workers’ compensation claims as the virus raises new coverage questions and states take action to protect essential workers, say attorneys at Baker Donelson.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How To Avoid A Legal Mess When Disinfecting Workplaces

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    As companies plan for increased cleaning and disinfection to prevent outbreaks of COVID-19 in the workplace, they must make sure their product usage is consistent with both federal and local rules and guidance, say attorneys at Orrick.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Studying The Post-Pandemic Juror By Generation

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    A close look at the life experiences unique to baby boomers, Generation X, millennials and others can offer valuable insight into how the pandemic could shape jurors' opinions in very different ways depending on their birth cohort, say trial consultants at JuryScope.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • What Court Split On Sex Trafficking Means For Hotels, Victims

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    A recent split between Pennsylvania and Georgia federal courts over whether a plaintiff suing a hotel for benefiting from a venture that it should have known engaged in sex trafficking must plausibly allege the hotel violated the federal criminal trafficking law has important implications for both sex trafficking survivors and the hospitality industry, says David Bouchard at Finch McCranie.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

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