Personal Injury & Medical Malpractice

  • August 11, 2020

    Strip Club Hit With $354K Verdict In Pioneering Zoom Trial

    The nation's first fully remote jury trial with a binding verdict ended with a $354,000 award for a strip club dancer who said she was beaten by the club's bouncers, although the judge and other court personnel expressed doubts Tuesday about whether Zoom teleconference proceedings can really replace in-person trials.

  • August 11, 2020

    Pa. Panel Won't Revive J&J Mesh Patient's Injury Claims

    A Pennsylvania appeals court on Tuesday rejected arguments that improperly admitted testimony from a woman's treating physician led a jury to erroneously clear a Johnson & Johnson unit in a lawsuit over alleged injuries from a pelvic mesh implant.

  • August 11, 2020

    3rd Circ. Won't Revive Fired Amtrak Foreman's Race Bias Suit

    The Third Circuit upheld Amtrak's win in a suit filed by a Black former track foreman who said the railroad punished him more harshly than a white colleague for their roles in a crash that killed two workers, finding that his missteps contributed to the fatal derailment.

  • August 11, 2020

    W.Va. Doctor Illegally Prescribed Opioids, Jury Finds

    A West Virginia doctor charged in a wave of arrests last year by a federal opioid task force was convicted Monday of prescribing opioids to two patients without a legitimate medical need.

  • August 11, 2020

    ICE Aims To Dodge Liability Over Asylee's Miscarriage

    U.S. Immigration and Customs Enforcement said in a Monday court filing that it isn't to blame for an asylum-seeker's miscarriage while she was held at a San Diego detention center, claiming that she received "extraordinary access to quality medical care."

  • August 11, 2020

    Feds Drop Appeal Of $15M Brain Injury Verdict, Ink $10M Deal

    The federal government will drop its Sixth Circuit appeal of a $15 million bench verdict in a suit accusing a Tennessee military hospital of causing a newborn baby's permanent and severe brain damage, in exchange for paying a lower $10 million settlement, according to court papers filed Tuesday.

  • August 11, 2020

    Builder's $3M Deal In Worker Death Not Covered, 9th Circ. Told

    An insurer at Lloyd's of London urged the Ninth Circuit on Monday to affirm it is not liable for a developer's $3.5 million settlement over the death of a subcontractor's employee, saying the worker's parents' claims against the insurer are barred by their prior settlement with the developer's insurance policy administrator.

  • August 11, 2020

    Fears Of Virus And Distracted Jury Won't Stop Asbestos Trial

    A California judge declined Tuesday to postpone an impending San Francisco jury trial in an asbestos suit against Honeywell International and others, overruling defense attorneys' concerns that in-person trials amid the COVID-19 pandemic are unsafe and that remote jurors can be inattentive as they juggle home life and jury service.

  • August 11, 2020

    Fluoride Risk Question Headed Back To EPA After Trial

    Following a bench trial over the risks of adding fluoride to drinking water, a California federal judge told the challengers to file a new administrative petition with the U.S. Environmental Protection Agency so it can consider the substance's risks with the benefit of new evidence.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Gordon Rees Lands Ex-Beveridge Enviro And Cannabis Atty

    A onetime Gordon Rees Scully Mansukhani partner has returned to the firm as part of its environmental and toxic tort, cannabis, commercial litigation and entertainment practice groups after a stint with boutique environmental firm Beveridge & Diamond PC.

  • August 10, 2020

    Arbitration Denied In Calif. Nursing Home Wrongful Death Suit

    A Southern California nursing home must face an elder abuse and wrongful death lawsuit after a state appeals court ruled in a published opinion that the patient's adult children, as temporary conservators for their mother, did not have the legal authority to sign an arbitration agreement.

  • August 10, 2020

    Victims Say Boy Scout Council Sheltered Funds From Ch. 11

    A committee of sexual abuse tort claimants in the Boy Scouts of America's Chapter 11 asked a Delaware judge to void a local council's transfer of assets into a protective trust, saying the move could impact monetary distributions for victims.

  • August 10, 2020

    Chubb Unit Says It Doesn't Owe $8M For Settlement Refusal

    Counsel for a Chubb Ltd. primary insurer told a panel of Fifth Circuit judges in oral arguments Monday that his client shouldn't have to pay a Zurich North America excess carrier nearly $8 million in a coverage dispute over a mutual policyholder's settlement of a fatal crash lawsuit.

  • August 10, 2020

    Google Asks 11th Circ. To Uphold Win In Pulse Shooting Suit

    Google urged the Eleventh Circuit on Monday to affirm the company's win in a suit blaming Facebook, Twitter and YouTube for radicalizing the man who carried out the 2016 mass shooting at the Pulse nightclub in Florida, saying a "virtually identical" suit was tossed by the Sixth Circuit.

  • August 10, 2020

    Tyson Worker's Family Vows To Press 'Stronger' COVID Suit

    The family of a Tyson Foods meat plant worker who died after contracting COVID-19 has dropped their suit against the food giant in Texas federal court, but their attorney told Law360 Monday they will be filing a "stronger" version of the case in the future.

  • August 10, 2020

    Trump's Payroll Tax Order Throws Wrench Into Virus Talks

    Democrats are plotting ways to counter President Donald Trump's Saturday executive order deferring payroll taxes for workers earning less than $104,000, a move that upends ongoing talks to advance more ambitious relief measures in a potential bicameral pandemic response package.

  • August 07, 2020

    Ohio Court Upholds $50M Verdict In Police Brutality Case

    An Ohio appeals court on Thursday upheld a $50 million jury verdict in favor of a man who said he was detained without probable cause, beaten and kept in a storage closet for four days by East Cleveland police.

  • August 07, 2020

    Md. Doc Must Face Retrial In Unwanted Genital Exam Suit

    A Maryland appeals court has ordered a new trial in a suit accusing a physician of performing an unnecessary genital exam of a patient, saying the trial judge misinterpreted another judge's summary judgment ruling in favor of the patient, which should have triggered a trial solely on damages for one claim.

  • August 07, 2020

    Ex-NFL Players' Painkiller Suit Revived By 9th Circ.

    The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.

  • August 07, 2020

    11th Circ. To Rehear Epstein Victims' Lawsuit

    The 11th Circuit on Friday vacated an April panel decision and said it will rehear en banc a petition from an alleged victim of Jeffrey Epstein that argues a non-prosecution agreement between the billionaire sex offender and federal prosecutors violated her rights under the Crime Victims' Rights Act.

  • August 07, 2020

    Harvard Prof Sues New York Magazine Over Unflattering Piece

    A Harvard law professor who was the subject of a New York magazine story calling him "the most gullible man in Cambridge" has alleged the magazine's reporter deliberately twisted the facts to portray him as the victim of two extortionists and sexually harassed him during the process of reporting.

  • August 07, 2020

    Honeywell Must Face Asbestos Suit, Ohio Appeals Court Says

    An Ohio appeals court on Thursday revived a widow's suit against Honeywell alleging that her late husband was exposed to asbestos in its brake products, finding that a jury could conclude that her husband's mesothelioma was caused by his exposure.

  • August 07, 2020

    Judge Hems In WilmerHale U. Mich. Abuse Investigation

    The University of Michigan may continue its investigation into sexual assault allegations against a former sports doctor but must receive court approval for any communications with potential victims, a federal judge ruled Thursday after plaintiffs raised concerns about the WilmerHale-led review.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

Expert Analysis

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Cos. Can Sell Future Asbestos Liabilities To Avoid Bankruptcy

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    Bankruptcy has become an increasingly common solution for asbestos defendants, but the sale of contingent liabilities to a third party may provide a less complex and costly resolution of asbestos claims, say Milan Ceppi and Charles Oswald at Financial Asset Recovery Analytics.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • COVID-19 Liability Considerations For Nonmedical Businesses

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    While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 3

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    With jurors in the COVID-19 era being constantly reminded of pandemic-related dangers, defense counsel in product liability design defect trials must effectively use voir dire and careful observation to gauge how juries are evaluating risk, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 2

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    Recent jury research shows that the COVID-19 pandemic is correlated with shifts in potential jurors' views on corporations and government regulators — and the virus itself may affect jury composition, as more risk-averse individuals seek to avoid jury duty, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • COVID-19 And Design Defect Jurors' Risk Evaluations: Part 1

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    Risk assessment plays a key role in complex product liability design defect trials, but the COVID-19 pandemic may have altered how potential jurors assess risks, making this an important consideration in jury research, say a jury consultant at Litigation Insights and attorneys at Faegre Drinker.

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