Personal Injury & Medical Malpractice

  • July 19, 2019

    Equinox Insurer Denied Win In Sex Assault Suit Fees Row

    An insurer for Equinox Fitness beat a claim from another insurer of the luxury gym that it wasn’t paying its fair share of legal fees in an ongoing sexual assault lawsuit a Pilates instructor brought against another employee, according to a California federal court ruling Friday.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    Pa. Man's $3.5M Award Over Missed Heart Disease Upheld

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to award $3.5 million in a suit accusing a hospital of failing to timely diagnose a man’s heart disease, saying certain medical expert testimony was not required.

  • July 19, 2019

    Palm Beach Sheriff To Probe Epstein Work Release

    The Palm Beach County Sheriff’s Office announced on Friday an internal investigation into the Florida department’s supervision of financier Jeffrey Epstein when he was jailed there a decade ago on sex crime charges, after a lawyer for some of Epstein's alleged victims implied the accused child rapist had abused the privileges of his work release.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Justice Stevens' Most Important Personal Injury Opinions

    The more than 1,000 opinions the late Justice John Paul Stevens authored during his three-plus decades on the U.S. Supreme Court included seminal rulings on punitive damages awards and maritime wrongful death cases. Here, Law360 looks back at a handful of opinions he wrote that have affected the personal injury bar and changed the way trial attorneys practice law.

  • July 19, 2019

    Rig Worker 'Engulfed In Flames' Sues Houston Equipment Co.

    A man who was seriously injured while working on an offshore oil rig platform when a flash fire ignited has filed a lawsuit against the manufacturer of the piece of equipment he believes started the blaze, seeking more than $1 million in damages.

  • July 19, 2019

    Shaw's Not Liable For Patron's Murder, Maine Judge Finds

    A Shaw's grocery store could not have foreseen that a customer with a shaved head and Nazi tattoos would opt to randomly kill another customer in the ice cream aisle one summer afternoon, a Maine federal judge has determined as he tossed the negligence case.

  • July 19, 2019

    NY Court OKs Hospital's Trial Win In Patient Death Suit

    A New York state appellate court has upheld a jury verdict in favor of a Hudson Valley hospital in a suit brought by the family of a deceased hip replacement patient, saying the trial came down to a battle of experts and the verdict was reasonable.

  • July 19, 2019

    Pa. TV Reporter Sues Red Bull Over Flugtag Stunt Injuries

    Energy drink maker Red Bull hid the danger and injuries inherent in its extreme-sports stunts when it got a TV reporter to crash off a ramp into the Ohio River as part of its Flugtag event at Pittsburgh's 2017 Three Rivers Regatta, the journalist has alleged in a lawsuit.

  • July 19, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Texas Doc, Health Service Group Must Face Med Mal Suit

    A woman who sued a Texas physician and practice group for failing to diagnose a post-surgery vitamin deficiency that she claims caused her neurological problems will continue her suit after a state appeals court rejected the doctor’s appeal Thursday.

  • July 18, 2019

    Pa. Atty Faces Federal Charges Over Client Diversion Scheme

    Federal prosecutors have charged a Philadelphia-area personal injury attorney with mail fraud, claiming he secretly referred clients of his longtime personal injury firm to outside attorneys in exchange for a substantial cut of their fees and defrauded his firm out of $4.2 million, the U.S. Department of Justice announced Thursday.

  • July 18, 2019

    EOG Settles $12.5M Injury Suit Minutes Before Arguments

    Just 23 minutes before oral arguments, EOG Resources Inc. told a Texas appellate court Thursday afternoon it had reached a settlement in a workplace injury case where it was fighting to avoid a retrial after getting slapped with a $12.5 million verdict.

  • July 18, 2019

    Jury Convicts Doctor, Nurse For $7.8M Health Care Fraud

    An Alabama federal jury convicted a doctor and nurse on numerous charges stemming from health care fraud valued at $7.8 million and their operation of a Birmingham clinic that served as a pill mill, federal prosecutors announced this week.

  • July 18, 2019

    Gov't Sues Chemical Co. Over Deadly La. Plant Explosion

    A Louisiana chemical manufacturing company could have prevented a 2013 explosion that killed two and injured 167 at its facility, according to a Clean Air Act lawsuit filed by the U.S. Attorney's Office for the Middle District of Louisiana on Wednesday.

  • July 18, 2019

    BNSF Not Liable For Worker's Fatal Crash, 7th Circ. Says

    BNSF Railway Co. was right to defeat a lawsuit that claimed it was liable for its employee's fatal snowstorm car crash because there is no way the railroad company could have been found negligent in the case, the Seventh Circuit has ruled.

  • July 18, 2019

    NJ Sports Agency, Atty Duck Suit Over Concealment Claim

    A New Jersey appellate panel on Thursday affirmed the dismissal of a suit accusing the New Jersey Sports and Exposition Authority and its then-attorney of fraudulently concealing information, which a woman claims gutted her underlying personal injury suit, with the judges saying the agency had no duty to provide that information.

  • July 18, 2019

    Fla. Law Firms Fight Over Who Can Say 'Simon Says'

    Central Florida personal injury law firm Simon Law Group PA launched a trademark infringement suit Wednesday against local competitor Nicholson Injury Law PA over its use of the tagline “Simon Says Justice” in advertisements.

  • July 18, 2019

    Epstein Denied Bail Over Sex Trafficking Charges

    A Manhattan federal judge on Thursday denied bail to financier Jeffrey Epstein, who stands accused of sex trafficking and conspiracy, ruling that he saw no way to ensure Epstein, a registered sex offender, would not endanger others if he was allowed out of custody.

  • July 17, 2019

    Pa. Med Mal Insurer Law Won't Get Blocked, For Now

    A Pennsylvania federal judge on Wednesday declined to issue a preliminary injunction blocking a law calling for more state control over a publicly created medical malpractice insurer, finding the state's joint underwriting association hasn't shown an imminent likelihood of irreparable harm as its case proceeds.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    6th Circ. Tosses Parents' Suit Over Merck's Gardasil

    The Sixth Circuit on Wednesday declined to revive a mother and father’s lawsuit claiming a contaminated Merck & Co. HPV vaccine left their 11-year-old daughter with personality changes, spasms and infection-like symptoms, saying they failed to show that the pharmaceutical company intentionally added viral HPV DNA.

Expert Analysis

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    Pa. Court Muddies Privilege And Work-Product Waters

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    With respect to attorney-client privilege and the work-product doctrine in Pennsylvania, the Pennsylvania Superior Court's recent decision in Newsuan v. Republic Services is significantly flawed and will contribute to confusion, uncertainty and risks, says Kevin Allen of Eckert Seamans.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • An End To The ‘Border War’ In Kansas-Missouri Injury Suits?

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    The Kansas Supreme Court's ruling last month in Hilburn v. Enerpipe erodes long-standing differences between Kansas and Missouri in treatment of noneconomic damages in personal injury litigation, and may reduce forum-shopping between the neighboring states, says Taylor Connolly of Brown & James.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.