Personal Injury & Medical Malpractice

  • October 19, 2020

    USC Law Grad Says School Rigged Rape Investigation

    A University of Southern California law graduate who said she was raped by another student claimed in a federal lawsuit Friday that the university rigged its investigation in favor of her attacker and that the school has a history of covering up such reports.

  • October 19, 2020

    Idaho Supreme Court Revives Late Cancer Diagnosis Suit

    The Idaho Supreme Court on Monday revived a suit accusing a hospital of failing to timely diagnose a patient's cancer that caused death, saying the trial judge erred by determining that the plaintiff's two out-of-state medical experts were not familiar with the standard of care in Idaho.

  • October 19, 2020

    NJ Panel Says 2 Judges Erred, Revives Med Mal Suit

    A New Jersey appeals court on Monday revived a suit accusing healthcare providers of causing a patient's injuries from an improperly placed medical device, saying two judges' decisions regarding the patient's purported discovery failures resulted in "draconian consequences."

  • October 19, 2020

    National General Unit Owes Policyholder $950K For Crash

    A Washington federal jury awarded $949,000 in a Zoom trial Friday to an Integon General Insurance policyholder who said the insurer refused to reimburse him for permanent vertigo from a crash caused by an underinsured driver.

  • October 19, 2020

    Ga. Justices Affirm $6M Award In Suzuki Brake Defect Case

    A trial court properly halved a $12.5 million verdict against Suzuki Motor Corp. for what jurors found was a defectively designed brake, the Georgia Supreme Court held Monday, affirming a $6 million judgment for a motorcyclist injured in a crash.

  • October 19, 2020

    Uber Driver's Family Blames Poor Rider Screening For Killing

    The family of an Uber driver who was killed by a passenger filed a wrongful death suit in Maryland federal court against the ride-hailing giant on Monday, claiming that the killing was the result of inadequate passenger screening procedures that fail to weed out dangerous passengers.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Ghislaine Maxwell's Effort To Seal Depo Fails In 2nd Circ.

    The Second Circuit declined Monday to seal a deposition given by Ghislaine Maxwell, the former girlfriend of Jeffrey Epstein charged with helping the financier abuse underage girls, putting Maxwell's testimony in civil litigation on track to be made public before her criminal trial.

  • October 19, 2020

    Texas Justices To Weigh Church's Liability In Flash Fire Suit

    The Texas Supreme Court has granted two petitions for review in a case over whether the Catholic Diocese of El Paso can be held responsible for a flash fire that broke out in a festival booth on its grounds and injured several minor 4-H volunteers.

  • October 19, 2020

    Man Who Fell Into Chevron's Unmarked Well Wants $1M

    Chevron Corp. was hit with a lawsuit for injuries a man says he suffered when he fell 15 to 20 feet into a concealed sinkhole surrounding an old unmarked Chevron well while clearing land in West Texas.

  • October 19, 2020

    Hotel Cos. Urge 11th Circ. To Sink Sex Trafficking Cases

    Several hotel parent companies have asked the Eleventh Circuit to toss an appeal by victims of sex trafficking for alleged crimes on their properties, saying a lower court properly held that the complaints against them were merely "shotgun pleadings" that don't show they assisted the traffickers.

  • October 18, 2020

    Wilkinson Walsh Helps Mo. Inmates Get Lifesaving Treatment

    In Wilkinson Walsh LLP's first major pro bono case, the litigation boutique joined forces with two nonprofit advocacy groups to win a landmark $50 million settlement in which the Missouri Department of Corrections and its prison health care provider agreed to give inmates suffering from hepatitis C much-needed treatment.

  • October 16, 2020

    In Their Own Words: Being A Woman In BigLaw

    Firms are recruiting more women than previously to their ranks, but still have trouble retaining them at the same rate as men. Law360 asked three female attorneys who left BigLaw about how firms could better serve the women who work there. Here's what they have to say.

  • October 16, 2020

    Law360's Glass Ceiling Report: What You Need To Know

    While law firms continue to tout efforts to close the gender gap in their ranks, parity is still a distant goal, our annual survey shows.

  • October 16, 2020

    Glass Ceiling Report: How Does Your Firm Measure Up?

    Law firms have long struggled to clear the barriers women face in the legal industry, particularly when it comes to accessing the top ranks. Law360's 2020 Glass Ceiling Report looks to shed light on the progress firms have made and where they aim to be.

  • October 17, 2020

    Boy Claims Sex Abuse After Border Separation, Seeks Millions

    A father and son separated at the border sued the government for $6 million Thursday in Washington federal court, saying caretakers sexually abused the son and that the trauma suffered by families under the Trump administration's separation policy is not a "byproduct" but "the very point."

  • October 16, 2020

    Settlement OK'd For Contractor Killed By F-16 Trainee Pilot

    A New Mexico federal judge has approved a settlement in a wrongful death suit filed by the family of a military contractor who was struck during a training exercise after a student pilot mistook a group of cars for his target.

  • October 16, 2020

    Former Angels Staffer Indicted Over Pitcher's Overdose Death

    A Texas grand jury has indicted a former communications director for the Los Angeles Angels for his alleged role in the death of pitcher Tyler Skaggs, who prosecutors say died of a fentanyl overdose last year.

  • October 16, 2020

    Texas Cotton Farmers Get Pesticide Drift Suit Partially Revived

    A group of Texas cotton farmers who sued Helena Chemical Company over the aerial drift of the herbicide Sendero that they say damaged their crops got the claims partially revived Thursday by an appellate panel that determined, in part, that the farmers' experts had wrongly been struck.

  • October 16, 2020

    Victim Coalition Can Take Part In Boy Scouts Ch. 11 Talks

    A Delaware bankruptcy judge said Friday that a group representing 7,500 people alleging sexual abuse claims against the Boy Scouts of America can participate in mediation talks undertaken in the organization's Chapter 11 case.

Expert Analysis

  • 6 Employment Considerations For M&A Deals Amid Pandemic

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    As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • How Nursing Homes Can Defend COVID-19 Criminal Charges

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    Following the first pandemic-related criminal prosecution of nursing home operators in Massachusetts, nursing homes can take steps to defend their decision-making and infection-control processes as similar cases emerge across the country, say attorneys at Hooper Lundy.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • Key Takeaways From Groundbreaking Virtual Civil Jury Trial

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    The nation's first online jury trial with a binding verdict — Griffin v. Albanese Enterprise in Florida’s Fourth Judicial Circuit Court — recently provided crucial insights into how to better prepare for virtual voir dire and trial, says Kevin-Khristián Cosgriff Hernández at Delphi Litigation.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Pandemic-Era Civil Jury Trials Require Constitutional Scrutiny

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    Courts should carefully consider the constitutional rights of litigants before restarting civil jury trials amid the pandemic, because inadequate remote voir dire procedures and evidentiary handicaps due to health safety measures could amount to the denial of a fair trial by an impartial jury, say attorneys at Rumberger Kirk.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • A Primer On Objecting To Virtual OSHA Trials

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    Two recent federal court decisions highlight employer approaches for using the Sixth Amendment's confrontation clause to effectively oppose remote Occupational Safety and Health Administration proceedings where workplace conduct gives rise to criminal charges, says Benjamin Morrell at Fisher Phillips.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

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