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Personal Injury & Medical Malpractice

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Mo. Supreme Court OKs $29M Med Mal Award, Adds Interest

    The Missouri Supreme Court on Tuesday affirmed a jury's $28.9 million award in a suit accusing a hospital of failing to diagnose a woman's rare genetic disorder, which caused permanent brain damage and paralysis, and ruled that postjudgment interest was improperly denied by the trial judge.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    ER Doc Tells Texas Justices Retrial Order A 'Clear Abuse'

    An emergency room doctor urged the Texas Supreme Court on Tuesday to reverse a trial judge’s “clear abuse of discretion” in granting a new trial in a malpractice lawsuit after a jury had determined he was not at fault for a child needing to have a portion of her fallopian tube removed.

  • January 16, 2019

    Ex-NFL Player's Bid For Injury Benefits Denied By Fla. Judge

    Former NFL defensive lineman Darren Mickell’s yearslong suit against the league’s retirement plan hit a brick wall on Tuesday, after a Florida federal court denied his bid to overturn the plan’s decision that he didn’t qualify for certain disability benefits.

  • January 15, 2019

    Firm Tries 3rd Time To Toss Malpractice Arbitration Award

    A Texas law firm has asked the state's high court to undo lower court rulings that affirmed a nearly $460,000 arbitration award against it stemming from an ex-client's malpractice lawsuit, arguing the arbitrator's ruling goes against Texas law and must be reviewed.

  • January 15, 2019

    Aly Raisman's Nassar Suit Paused Pending USAG Ch. 11

    Olympic gold medal-winning gymnast Aly Raisman’s request to pause her suit over disgraced sports medicine doctor Larry Nassar’s sexual abuse was granted on Monday, after a California federal court agreed that a stay would help the parties assess the impact of the recent bankruptcy filing by USA Gymnastics, the sport's governing body.

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Hunton Andrews DQ Bid Under Fire In Crash Coverage Suit

    Ranger Construction Industries Inc. slammed Allied World National Assurance Co.'s bid to disqualify Hunton Andrews Kurth LLP for allegedly using inadvertently disclosed confidential documents in a pending case, saying Tuesday the insurer is trying to turn its own errors into a "reason to rob Ranger of its chosen counsel."

  • January 15, 2019

    Minn. Construction Co. Still On Hook For $4.7M Injury Award

    A Minnesota appeals court on Monday affirmed a $4.7 million verdict for a driver who was seriously hurt when a rock from a construction company’s truck smashed into his vehicle, and said the lower court needs to consider putting punitive damages back on the table.

  • January 15, 2019

    11th Circ. Jettisons NASA Worker’s Army Base Injury Award

    The Eleventh Circuit on Tuesday vacated an injury award in a suit blaming the federal government for injuries a NASA civilian employee suffered in an auto collision due to a U.S. Army base security guard’s alleged negligence, saying the government is immune to liability under the Federal Tort Claims Act.

  • January 15, 2019

    NJ High Court Probes 'Step-Down' Clause In Fatal Crash Row

    The insurance carrier for a BMW dealership must cover a crash in which an off-duty police officer was killed by a drunken driver operating a loaner vehicle from the dealership, counsel for the officer’s estate told the New Jersey Supreme Court at arguments on Tuesday in challenging a state appellate ruling that coverage was not required.

  • January 15, 2019

    Lewis Brisbois Lands Segal McCambridge Team In Philly

    Lewis Brisbois Bisgaard & Smith LLP is significantly beefing up the ranks of its Philadelphia-area office with a team of eight attorneys, including a new co-chair and co-vice chair for its life sciences practice, brought on board from Segal McCambridge Singer & Mahoney Ltd.

  • January 14, 2019

    Former Chiefs Player's Ex-Wife Can't Join Head Injuries Suit

    The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.

  • January 14, 2019

    Supreme Court Skeptical Of TVA's Injury Immunity

    U.S. Supreme Court justices expressed skepticism Monday as to why the Tennessee Valley Authority should be deemed immune to a suit accusing the government-owned utility of causing a sports fisherman’s serious injury due to a power line incident.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    United Airlines Staff Dropped, Hurt Disabled Flyer, Jury Told

    Attorneys for a woman who alleges that United Airlines contract employees dropped her while moving her from a wheelchair to her seat on an airplane in Houston told a federal jury on Monday that it would hear evidence that the airline covered up the incident.

  • January 14, 2019

    NJ Firm Can't Shake Malpractice Suit Over Lost $102M Verdict

    A New Jersey court ruled Friday that a law firm must continue to face malpractice claims over the settlement-related advice it gave a client before she lost a $102 million child-abuse verdict on appeal.

Expert Analysis

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    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 Sadie Baron, chief marketing officer at Reed Smith LLP.

  • Preemption In Pharmaceutical Cases: 2018 In Review

    Connor Sheehan

    2018 marked another interesting year in the shifting landscape of pharmaceutical drug preemption, with important cases concerning newly acquired information, generic drugs, innovator liability, clear evidence, serious adverse events and marketing claims, says Connor G. Sheehan of Dunn Sheehan LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.