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Personal Injury & Medical Malpractice

  • November 13, 2018

    NHL Ends Concussion MDL With $19M Tentative Settlement

    The National Hockey League has agreed to pay nearly $19 million to end multidistrict litigation brought by more than 300 retired players alleging they endured long-term problems from head trauma suffered on the ice, a deal some experts said fell short of expectations after the league put up a stiff defense.

  • November 13, 2018

    Weinstein, Four Seasons Hit With $60M Suit By Alleged Victim

    Actress Paz De La Huerta alleged in California state court on Tuesday that former film producer Harvey Weinstein raped her multiple times and engaged in a pattern of stalking and intimidation to keep her quiet, seeking nearly $60 million in damages and alleging that the Four Seasons Hotels Ltd. and the producer's now-bankrupt studio failed to act despite previous knowledge of his conduct.

  • November 13, 2018

    Colo. High Court Must Decide Collateral Source Row: Walmart

    Walmart has asked the Colorado Supreme Court to weigh in on a ruling in a state slip-and-fall case that applied an exception to the collateral source rule to Medicare beneficiaries, a decision that the retail giant said could open Colorado businesses to increased liability and encourage medical providers to engage in fraud.

  • November 13, 2018

    Ky. Court Won't Disturb Jury Award In Murder Plot Case

    A Kentucky appeals court has ruled that the wife of a slain former county sheriff can't modify a jury's $28,000 award in a suit accusing a former Harlan County deputy sheriff and a political rival of wrongful death, saying the evidence supported the jury's decision.

  • November 13, 2018

    Calif. Hospital Must Face Suit Over New Mom’s Death

    A California federal judge has rejected a hospital's bid to escape a suit accusing various health care providers of causing the death of a woman a day after she gave birth, saying a factual dispute exists as to whether an anesthesiologist was acting as the hospital’s employee.

  • November 13, 2018

    Jury Awards $260M After Man's Death In Crash

    A Texas jury has awarded $260 million over an accident in which a man was killed when his van ran into the side of a tractor-trailer positioned across all four lanes of a highway, according to the victim's parents' lawyers.

  • November 13, 2018

    Insurer Says Sports Bar Not Covered In Customers' Crash Suit

    Atlantic Casualty Insurance Co. filed suit Tuesday against a sports bar it insures to avoid paying for an underlying suit by four customers over an intoxicated patron who crashed his car into the Cincinnati-area bar, telling an Ohio federal court that several exclusions apply to bar coverage.

  • November 9, 2018

    8th Circ. Says Gov't Exempt From Army Priest Sex Abuse Suit

    The dismissal of a sexual abuse lawsuit against a U.S. Army hospital was upheld by the Eighth Circuit on Friday after it determined that the federal government is immune to claims that the hospital should have known of a priest’s history of sexual abuse allegations.

  • November 9, 2018

    Fla. Court Says Doctor Must Face Patient Privacy Suit

    A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.

  • November 9, 2018

    Insurer Must Defend Shooter's Estate, Pa. Justices Told

    A man who was injured in a scuffle as he walked in on a murder-suicide is urging Pennsylvania's highest court to uphold a decision finding that Erie Insurance Exchange was responsible for the cost of defending the gunman's estate in a lawsuit over the incident.

  • November 9, 2018

    Drone Crash Injury At Wedding Not Covered, Insurer Says

    An insurance company has asked a California federal court to grant a quick win in its suit against a policy-holding photography company because exclusions in the coverage mean it doesn't have to pay for a drone incident at a wedding shoot during which a guest lost an eye.

  • November 9, 2018

    Atlanta Transit Rider Awarded $18.8M For Brain-Damaging Fall

    A Georgia jury on Thursday found that Atlanta's transit system's negligence was responsible for a fall by a disabled passenger who was getting off a bus that left her in a permanent vegetative state, and awarded the rider $18.75 million.

  • November 9, 2018

    Four Duck Boat Crash Victims Settle Midtrial For $8.25M

    Four of the dozens of victims of a Seattle “duck boat” crash at the heart of an ongoing trial have reached an $8.25 million settlement with amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, the individuals' attorney announced Friday.

  • November 9, 2018

    As Pirates Settle, Net Installer Last Defendant In Foul-Ball Suit

    The Pittsburgh Pirates reached a settlement with a woman injured by a foul ball at PNC Park in 2015, attorneys said Friday, but a jury trial under a new judge in state court scheduled to get underway Wednesday will determine the liability of the company that installed the allegedly defective safety netting behind home plate.

  • November 8, 2018

    4th Circ. Urged To Nix $7.1M Award Over Baby's Brain Injury

    The federal government asked the Fourth Circuit on Thursday to toss a West Virginia federal judge's $7.1 million award in a suit accusing a federally employed doctor of botching a newborn’s treatment that caused brain damage, saying the award should have been reduced because of a previous settlement.

  • November 8, 2018

    Mo. Duck Boat Captain Indicted After Sinking Killed 17

    The captain of an amphibious “duck boat” that sank in a Missouri lake in July, killing 17 people, was charged in federal court on Thursday after prosecutors said he failed to take necessary safety precautions or warn the passengers to put on their life jackets.

  • November 8, 2018

    Hospital Not Liable For Nonemployee Doc's Kidney Surgery

    An Illinois appeals court on Wednesday tossed claims filed against a hospital in a suit accusing a doctor of failing to timely remove a woman’s kidney stone that caused serious injuries, saying because the doctor is an independent contractor the hospital can’t be held liable.

  • November 8, 2018

    Net Installer Wants Judge Off Pa. Foul Ball Injury Suit

    The company that installed safety netting at the Pittsburgh Pirates’ PNC Park wants a new state court judge for the upcoming case of a woman injured by a foul ball behind home plate, alleging improper communication between the current judge and one of the woman’s attorneys.

  • November 8, 2018

    Insurer Says County, Racetrack Not Covered In Crash Suit

    Evanston Insurance Co. on Wednesday asked a California federal court to rule that it has no further obligation to defend or indemnify Monterey County or the operator of a Salinas-based racetrack in a lawsuit over a motorcycle accident at the track, saying the claims are outside the scope of its policy.

  • November 8, 2018

    Former Dolphins Doctor Cleared In Ex-Player's Med Mal Trial

    A Florida jury has cleared a former Miami Dolphins team doctor in a suit brought by ex-player Otis “O.J.” McDuffie accusing him of negligence in failing to properly treat a toe injury that McDuffie says derailed his career.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • The Uncertain Future Of Summary Judgment In California

    Scott Dixler

    While the California Supreme Court has held that summary judgment is no longer a disfavored remedy, two recent California Court of Appeal decisions demonstrate a continuing ambivalence concerning a trial court’s discretion to grant summary judgment, say attorneys with Horvitz & Levy LLP.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • New UK Law Lays The Groundwork For Driverless Cars

    Michaela Herron

    As autonomous vehicle technology advances rapidly, there remains much to be done in a legislative context to prepare for the future. The Automated and Electric Vehicles Act 2018 is the first legislative step the government of the United Kingdom has taken to pave the way for autonomous vehicles, says Michaela Herron of Bristows LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.