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Personal Injury & Medical Malpractice

  • October 19, 2018

    USA Gymnastics Says Safe Sport Act Abuse Suit Can't Stand

    USA Gymnastics urged a Massachusetts federal court Friday to toss a proposed class action alleging it has failed to report sexual abuse allegations to law enforcement as required by the Safe Sport Act enacted earlier this year, arguing that the law does not apply to suspicions learned before the law was passed.

  • October 19, 2018

    Workers Acquitted Of Lying About Fatal Water Slide Accident

    A Kansas jury on Thursday acquitted two water park maintenance workers on charges of lying to investigators looking into the death of a 10-year-old boy on the since-closed world’s tallest water slide at the Schlitterbahn amusement park in Kansas City.

  • October 19, 2018

    Gov't Can't Shed Botched Birth Suit, But Can Limit Damages

    A New Jersey federal judge ruled Friday that while a nonprofit, government-operated health care facility must face a $5 million lawsuit over a child who suffered a shoulder injury during childbirth, it can have its liability capped at $250,000 under a state law limiting damages for charitable hospitals.

  • October 19, 2018

    Walmart Not Negligent In Aerosol Death, 5th Circ. Says

    The Fifth Circuit won’t revive a mother’s suit accusing Walmart of negligence in her daughter’s inhalant death, finding that the retail giant’s employees had no obligation to stop the increasingly inebriated woman from buying 60 cans of aerosol dust remover in a 27-hour period.

  • October 19, 2018

    Mich. Hospital, Doc Must Face Unnecessary-Surgery Suit

    A Michigan appeals court has ruled a hospital and doctor must face a suit alleging a patient's skin cancer misdiagnosis led to an unnecessary lymph node removal, determining that an opinion submitted by the patient’s medical expert was not speculative.

  • October 19, 2018

    Atty Urges Justices To Hear Suit Over Defamatory Yelp Review

    A personal injury lawyer and her firm have urged the U.S. Supreme Court to review the California Supreme Court's split ruling that reverses an order requiring Yelp Inc. to take down defamatory reviews that a former client posted on the customer review site.

  • October 19, 2018

    Motorola Says AIG Unit Must Cover Birth Defect Settlement

    Motorola Solutions Inc. sued an AIG subsidiary Thursday in Illinois federal court, saying the insurer used "false and frivolous" reasons to deny coverage for a $28 million legal settlement reached over birth defects in some children of its workers.

  • October 19, 2018

    Bad Jury Charge Means New Piñata Injury Trial: NJ Court

    The New Jersey Appellate Division on Friday ordered a new trial for a woman hit in the arm by a piñata stick at a party, ruling that the jury had been given conflicting instructions about the duty of care owed to her by the host.

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

  • October 19, 2018

    NJ Trampoline Park Revives Bid To Arbitrate Injury Claims

    A New Jersey state appeals court on Friday revived a trampoline park's effort to force arbitration of claims from a couple over their son's injury at the facility because a trial court failed to spell out its reasons for rejecting a defense bid to compel arbitration.

  • October 19, 2018

    Asbestos Trusts Facing Heat As DOJ Ramps Up Oversight

    The U.S. Department of Justice has recently taken aggressive steps to augment government oversight and insert itself into the planning process for the asbestos bankruptcy trust system, heeding calls from state attorneys general and corporate America for greater transparency in how trusts are run.

  • October 19, 2018

    USC Inks $215M Deal To End Sex Abuse Class Suit

    The University of Southern California announced Friday it reached a $215 million deal in principle to resolve a proposed class action accusing a former staff gynecologist of sexually abusing potentially thousands of women.

  • October 18, 2018

    Georgia-Pacific Gets Unjust Benefit With Ch. 11, Creditors Say

    The unsecured creditors of bankrupt Georgia-Pacific affiliate Bestwall LLC on Wednesday again urged a North Carolina bankruptcy court to dismiss the company's Chapter 11 case, accusing the parent company of unjustly devising a way to dump off and reduce its legacy asbestos liabilities.

  • October 18, 2018

    Los Angeles Keeps Trial Win In Teen Pedestrian Death Suit

    A California state appeals court has affirmed a defense verdict in a suit accusing the city of Los Angeles of creating a dangerous condition at an intersection where a 17-year-old pedestrian was struck and killed, saying certain trial evidence was properly excluded.

  • October 18, 2018

    Ark. Supreme Court Scraps Tort Reform Ballot Measure

    An Arkansas ballot issue aiming to institute sweeping tort reforms in personal injury lawsuits, including caps on certain damages and attorneys’ fees, will not be presented to voters next month after the Arkansas Supreme Court ruled Thursday that the measure was unconstitutional.

  • October 18, 2018

    Pa. Justices Ease Burden For Firefighter Cancer Claims

    The Pennsylvania Supreme Court has eased the burden on firefighters to move forward with workers’ compensation claims for cancer diagnoses they believe could be connected to their exposure to soot and other carcinogens.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Insurer Not Off Hook For $8.7M Car Crash Injury Award

    A Michigan federal judge has denied Wausau Underwriters Insurance Co.'s bid to avoid paying an $8.7 million damage award against one of its policyholders, ruling there are issues of fact about whether the insurer acted in bad faith when the insured was sued over a car crash.

  • October 18, 2018

    Cleaning Co. Not Liable For Fall In NJ Airport, Court Says

    A New Jersey state appeals court on Thursday refused to revive a personal injury complaint by a woman who slipped and fell on ball bearings in the Newark Liberty International Airport, ruling there was no proof the cleaning company that could have removed the ball bearings knew about them.

  • October 18, 2018

    Ex-USA Gymnastics CEO Charged With Evidence Tampering

    The former president and CEO of USA Gymnastics has been arrested in Tennessee after a Texas grand jury indicted him on charges of tampering with evidence during the federal investigation into convicted sexual abuser and former sports doctor Larry Nassar.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.