Personal Injury & Medical Malpractice

  • November 21, 2019

    Insurer Doesn't Owe Defense For Fatal Recycling Plant Blast

    A Washington federal judge ruled Thursday that an insurance company doesn't have to defend against civil lawsuits filed in connection with a recycling plant explosion that killed one and injured several others, saying the relevant policy didn’t cover the property where the source of the explosion originated.

  • November 21, 2019

    Attys Duck Punitives In Row Over Ex-Client's Sex Assault Trial

    A Pennsylvania state court has blocked a man who sued his attorneys over a $3 million sexual assault verdict from seeking punitive damages, though his legal malpractice case claiming his counsel botched the case may continue.

  • November 21, 2019

    Doc Can't Sue Insurer Over Fraud Reports, Top NY Court Says

    New York’s highest court ruled Thursday that a doctor can’t sue Nationwide for reporting him to state authorities for insurance fraud, saying a state public health law cited by the doctor doesn’t allow for private lawsuits.

  • November 21, 2019

    Facebook Asks Texas Justices To Pause Sex Trafficking Suit

    Facebook Inc. has asked the Texas Supreme Court to pause proceedings in a lawsuit against it by a sex trafficking survivor to prevent the company from answering “burdensome discovery” before an appellate court can decide whether it’s immune from the claims.

  • November 21, 2019

    Childhood Sexual Abuse Bills Head To Pa. Gov.'s Desk

    Victims of childhood sexual abuse in Pennsylvania will have more time to bring charges if the state's Democratic governor signs a package of bills meant to implement the recommendations of a grand jury report on misconduct in the Catholic Church.

  • November 21, 2019

    Calif. Court Strikes Distress Damages Over Bedbug Infestation

    A California appellate panel has reversed a $544,000 jury award to a family who stayed in a room infested with bedbugs at a hotel in Rancho Cucamonga, saying the record doesn’t show the hotel intentionally inflicted emotional distress.

  • November 20, 2019

    Calif. Court OKs Wheelchair Racer's $3.2M Injury Award

    A California appellate panel on Wednesday upheld a jury’s $3.2 million award in a suit accusing a marathon operator of causing an elite wheelchair racer’s injuries after he veered off course and crashed into a stopped car, saying evidence supported the jury’s finding of gross negligence.

  • November 20, 2019

    $12.4M NYC Bus Crash Award Slashed On Appeal

    A New York appellate court on Wednesday cut a $12.4 million jury verdict to $3.6 million in a suit accusing a New York City Transit Authority bus of negligently hitting a motorist and causing his spinal cord injuries, saying an award for pain and suffering was too high.

  • November 20, 2019

    NHL Can Seek Canadian Doc's Records In Widow's Fraud Suit

    The NHL can seek medical documents from the Canadian neuropathologist accused of botching an analysis of former hockey player Todd Ewen's brain, a California federal court has ruled, after the league argued the information will be "critical" to resolving a fraud lawsuit brought by Ewen's widow.

  • November 20, 2019

    Medical Staffing Co. Must Face Brain Injury Suit In La.

    A Louisiana appellate panel on Wednesday revived a suit accusing a medical staffing company of causing a patient’s brain damage after a contractor nurse botched placement of a breathing tube, with the judges saying the staffing company’s contract imposed a duty to see that the nurse was properly supervised.

  • November 20, 2019

    Dallas Mall Sued Over Fatal 'Joyrider' Parking Garage Crash

    A well-known shopping center in Dallas was sued Wednesday in Texas court for allegedly failing to prevent a deadly March car crash linked to “joyriding” in the mall’s parking garage, which killed a Chinese businessman and severely injured his friend.

  • November 20, 2019

    Auto Insurer Med Exam Requirement Not OK, Pa. Justices Say

    Auto insurer requirements that policyholders undergo potentially unlimited medical exams by company-selected physicians to preserve their benefits have no place in Pennsylvania, the state's Supreme Court said Wednesday.

  • November 20, 2019

    Atty, Doc's Emergency Juror Care Doesn't Merit Retrial

    A doctor accused of malpractice doesn't have to go through a retrial after he and his defense attorney helped a juror receive medical care when the juror became ill during the closing arguments in a medical malpractice trial, an Illinois appellate court said Tuesday.

  • November 20, 2019

    Atty Can't Get NJ High Court To Take On Malpractice Ruling

    A New Jersey attorney has failed to convince the state Supreme Court to take a closer look at an appellate decision upholding a malpractice ruling against him for not advising a client about personal injury protection coverage related to a car crash suit.

  • November 19, 2019

    Ex-Orrick Atty Tapped As SF Court's 1st Black Female Judge

    California Gov. Gavin Newsom on Tuesday nominated Judge Teri L. Jackson, a former Orrick Herrington & Sutcliffe LLP attorney and a San Francisco County trial judge overseeing litigation against Pacific Gas and Electric Co., to the First District Court of Appeal, according to a statement from the governor’s office.

  • November 19, 2019

    2 Epstein Guards Charged With Faking Inmate Checks

    Two guards at the facility where wealthy financier and convicted sex offender Jeffrey Epstein killed himself while being held pending sex trafficking charges pled not guilty on Tuesday to faking mandatory inmate checks on the night of Epstein's death.

  • November 19, 2019

    Gov't Settles Tribal Hospital Birth Injury Suit For $7.5M

    The federal government has agreed to pay $7.5 million to resolve a suit accusing a tribal hospital of causing a newborn’s brain damage and other injuries, according to documents filed Tuesday in Oklahoma federal court.

  • November 19, 2019

    Exclusion Of Hispanic Jurors Sinks Doctor's Med Mal Win

    A California appeals court has vacated a defense verdict in a suit accusing a doctor of causing a Hispanic woman’s leg paralysis, saying the trial judge failed to order a defense attorney to properly explain why he used nearly all of his jury selection challenges on Hispanic prospective jurors.

  • November 19, 2019

    NJ High Court Challenges Lack Of Affidavit In Med Mal Suit

    The New Jersey Supreme Court on Tuesday challenged a couple's assertion that they didn't need to submit an expert affidavit over claims hospital nurses did not take any action when a tube placed in a woman became dislodged, questioning whether a doctor's order to insert the tube remained in effect.

  • November 19, 2019

    Ex-MoFo Atty Says $400M CBS Defamation Suit Should Stay

    Virginia Lt. Gov. Justin Fairfax, a former partner at Morrison & Foerster LLP, defended his $400 million defamation suit against CBS Corp. in federal court Monday, saying the network defamed him by airing interviews with two women who have accused him of sexual assault and arguing the suit should be allowed to stand.

  • November 19, 2019

    Pilot Can Sue Bankrupt OneJet Over Nauseating Jet Exhaust

    The federal bankruptcy court overseeing the dissolution of defunct airline OneJet gave the go-ahead Monday for an ex-pilot to sue the company over alleged maintenance issues that he said caused two jets' cabins to fill with sickening exhaust and carbon monoxide.

  • November 19, 2019

    Purdue Gets OK To Pay States' Costs In Opioid-Related Ch. 11

    A New York bankruptcy judge on Tuesday gave Purdue Pharma permission to pay the expenses of state governments participating in a settlement of claims related to Purdue’s role in the opioid epidemic.

  • November 19, 2019

    Pizza Hut Ignored 'No Delivery' List, Robbed Driver Claims

    A Pizza Hut delivery man who says he was beaten and robbed after his employers ignored a "do not deliver" list has sued parent company Yum Brands Inc. and a Mississippi franchise in federal court.

  • November 19, 2019

    Pa. Justices Won't Hear Jehovah's Witness's Med Mal Appeal

    The Pennsylvania Supreme Court on Tuesday declined to hear an appeal of a defense verdict in a medical malpractice lawsuit filed against a Philadelphia hospital on behalf of a Jehovah's Witness who died after repeatedly refusing to accept a blood transfusion.

  • November 19, 2019

    MTA Officer Wins $530K In Trial Over Foot-Chase Injury

    A Metropolitan Transportation Authority police officer won a $530,000 verdict against the agency in New York federal court over an injury he suffered while chasing a suspect, but jurors found the officer mostly at fault for the injury and declined to award him millions more.

Expert Analysis

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Teaching Witnesses To Avoid Cross-Examination Traps

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    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

  • 4 Keys To Defending E-Cig Battery Explosion Cases

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    As personal injury claims related to exploding lithium-ion batteries in vaping devices increase, defendants must understand the challenges facing both sides to increase the chance of avoiding liability, say Edward Abbot and David Freed of Hawkins Parnell.

  • An Inside Look At PFAS Regulatory Action: Part 2

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    In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

  • An Inside Look At PFAS Regulatory Action: Part 1

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    In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Opinion

    States Are Wrong To Block Local Gov'ts From Opioid Suits

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    The Ohio attorney general's recent attempt to stop local governments from suing opioid manufacturers disregards the vital role cities and counties play in protecting their citizens, including by demanding accountability in court, says Fordham University School of Law professor Nestor Davidson.