Personal Injury & Medical Malpractice

  • September 23, 2019

    Litigation Funder Turns Up Heat On Concussion Deal Judge

    Litigation funder Thrivest claims the federal judge overseeing the concussion settlement is ignoring a Third Circuit ruling that overturned her decision to void hundreds of loans, and in a highly unusual move, the funder has asked the appellate court to step in and force her hand.

  • September 23, 2019

    Mass. Hospital Can't Nix Arbitrator's Reinstatement Of Nurse

    An arbitrator acted within his authority by reinstating a fired nurse accused of mistreating a transgender teenage patient, a Massachusetts federal judge has ruled, saying the arbitrator was empowered to decide whether the firing had been for just cause.

  • September 23, 2019

    Privilege Can't Shield Divorce Files In Widow's Med Mal Case

    A Pennsylvania appeals court said Monday that a widow's decision to seek damages for loss of consortium in a medical malpractice suit brought on behalf of her late husband meant she couldn't assert attorney-client privilege over divorce proceedings the couple were pursuing at the time of the man's death.

  • September 23, 2019

    Gov't Wins Trial In Suit Over Texas VA Surgery

    A Texas federal judge on Monday cleared the federal government of liability in a suit accusing a Veterans Affairs surgeon of causing a patient's nerve damage, finding the patient, a long-haul truck driver, had preexisting and long-term nerve damage due to his job.

  • September 23, 2019

    Texas High Court Won't Weigh Drunk-Driving Coverage Row

    The Fifth Circuit refused Monday to seek the Texas Supreme Court's input on whether a drunken driving crash qualifies as an “accident” under a liability insurance policy, leaving intact its July ruling that Cincinnati Insurance Co. must cover a punitive damages award against an insured driver who hit another vehicle while intoxicated.

  • September 23, 2019

    Rising Star: Aldous/Walker's Brent Walker

    Brent Walker of Aldous/Walker LLP helped obtain a $25 million wrongful death verdict against a nightclub that overserved alcohol to a pro football player that led to a teammate’s death, and won a $37.6 million product liability case against Honda, earning him a spot as one of three personal injury and medical malpractice law practitioners under age 40 honored by Law360.

  • September 20, 2019

    Nurse's Hospital Retaliation Suit Nixed By Ky. Appeals Court

    A Kentucky appeals court affirmed the dismissal of a nurse’s suit claiming she was fired for reporting patient safety issues, finding Friday she had engaged in "generalized complaining" and that the hospital would have canned her anyway over performance issues.  

  • September 20, 2019

    Insurer Can't Duck Allegation It Delayed Handling Injury Claim

    An insurance company must face claims that it took too long to process a workplace injury claim for a construction worker who subsequently died of unrelated causes, but the compensatory damages it may be liable for are limited to interest payments, a Delaware state court has determined.

  • September 20, 2019

    J&J Gets Woman's $20M Mesh Award Trimmed To $15M

    A woman who claims she’ll live in pain for the rest of her life because of Johnson & Johnson’s allegedly faulty pelvic mesh implant can keep $15 million of an earlier $20 million verdict, a Pennsylvania appeals court said Friday, rejecting calls by J&J to kill the award entirely.

  • September 20, 2019

    Building Owner Wants Insurer Suit Over Stabbings Tossed

    A Houston building owner has asked a federal court to toss an insurer’s bid to escape liability for a double stabbing in an apartment complex, arguing that the RLI Corp. unit is making a stingy read of Texas insurance law.

  • September 20, 2019

    Ethicon Wants Court To Drop Pittsburgh Pelvic Mesh Suit

    Johnson & Johnson subsidiary Ethicon Inc. asked a Pennsylvania federal court Friday to throw out a woman’s lawsuit over allegedly defective pelvic mesh, arguing that she had not sufficiently shown which mesh she had received or even that it was made by the company.

  • September 20, 2019

    FDCA Doesn't Apply To Convicted NECC Workers, Judge Told

    The law under which a Massachusetts federal jury convicted two pharmacists at the New England Compounding Center actually didn't apply to their responsibilities at the company, their attorneys told a Massachusetts federal judge in court Friday as they moved for acquittal.

  • September 20, 2019

    Atty Who Went AWOL On Injury Case Gets 2-Year Suspension

    A New York state appeals court has suspended a personal injury attorney with a history of disciplinary actions for two years after he neglected a slip-and-fall case and only learned that it had been dismissed when his former client sued him.

  • September 20, 2019

    Travelers Unit Files Counterclaim In Stage Dive Injury Suit

    A Travelers unit has told a New Jersey federal judge it is not responsible for defending a music label that was sued by two concertgoers who claim they were injured when audience members dove off the stage and collided with them.

  • September 20, 2019

    NJ Firm Beats Malpractice Suit Claiming It Abandoned Client

    Lord Kobrin Alvarez & Fattell LLC convinced a New Jersey state judge Friday to toss a malpractice suit alleging the firm failed to defend a onetime client against a doctor's collection action, after the firm presented evidence that the man allegedly pocketed an insurance payment for the medical services and stiffed the physician.

  • September 19, 2019

    PG&E Bondholders, Wildfire Victims Propose $24B Reorg Plan

    PG&E Corp.’s bondholders have joined forces with wildfire victims to propose their own plan for California's largest utility to exit bankruptcy, one that puts more money — about $24 billion — toward wildfire claims, according to a motion filed Thursday in California bankruptcy court.

  • September 19, 2019

    Asylee With Ties To Ex-Liberian Dictator Sues ICE For Arrest

    An African asylee with family ties to former Liberian dictator Charles Taylor has sued U.S. Immigration and Customs Enforcement in a New York federal court seeking $10 million, alleging that the agency arrested and imprisoned him for more than a year on an erroneous removal order.

  • September 19, 2019

    Ill. High Court Nixes Contractor's Fight Against Rail Worker

    A counterclaim that doesn't state an independent cause of action and make a specific request for relief "is not a true counterclaim," the Illinois Supreme Court said in tossing a transportation company's fight against a claim it was improperly insured.

  • September 19, 2019

    Ohio Justices Nix $1.3M Award In Supermarket Cart Injury Suit

    The Ohio Supreme Court on Thursday tossed a jury verdict awarding more than $1.3 million in a suit accusing a grocery chain of knowing customers were being injured by motorized carts but doing nothing to address it, saying there was insufficient evidence to support a finding of negligence.

  • September 19, 2019

    Purdue Files Ch. 11 Suit Seeking Stay Of Opioid Litigation

    Bankrupt drugmaker Purdue Pharma LP filed an adversary complaint late Wednesday in New York court seeking a stay of the pending litigation brought by various states, Native American tribes and individuals who did not agree to a settlement framework reached before the company filed for bankruptcy.

  • September 19, 2019

    NY Pharmacist Denies Oxycodone Conspiracy Charge

    A Staten Island, New York, pharmacist entered a not guilty plea in Manhattan federal court Thursday, a week after he was arrested for allegedly distributing thousands of oxycodone pills knowing they would be resold on the streets.

  • September 19, 2019

    Purdue Loses Bid To Toss Mass. Suit Amid Ch. 11 Stay Fight

    As Purdue Pharma LP seeks to prevent states suing the drugmaker from getting around Chapter 11's automatic stay, a Massachusetts judge has said the company will otherwise have to face that state's suit seeking to hold it responsible for the opioid crisis.

  • September 19, 2019

    FDA Launches Criminal Probe Into Vaping Deaths, Illnesses

    The U.S. Food and Drug Administration on Thursday said that it has launched a criminal probe into an outbreak of vaping-related lung illnesses that have sickened at least 530 people and killed seven.

  • September 19, 2019

    Insys Ch. 11 Sale Of Controversial Drug OK'd With New Limits

    Insys Therapeutics Inc. received bankruptcy court approval Thursday in Delaware for a sale of its controversial pain medication Subsys after the buyer agreed to limit its marketing and distribution efforts to end-stage cancer patients.

  • September 18, 2019

    Odell Beckham Jr. Sheds Defamation Claim In Assault Suit

    A California appeals court has tossed a defamation claim in a suit alleging NFL star Odell Beckham Jr. should be held liable for injuries suffered by a man assaulted at a party at the football player's home, saying the claim was barred under a state free speech law.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Opinion

    NFL Discipline Process Shouldn't Apply To Off-Field Conduct

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    This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL should get out of the business of discipline for off-field behavior — for five reasons, says Ronald Katz at GCA Law Partners.

  • Calif. Utility Regulator Focusing On Companies' Safety Culture

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    The California Public Utilities Commission's recent investigations of Southern California Gas and Pacific Gas & Electric show a shift from reactive, incident-specific regulatory enforcement to a focus on utilities' corporate safety culture in connection with potential misconduct, say Tara Kaushik and Kevin Ashe of Holland & Knight.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • A Win For Fla. Hospitals On Patient Safety Data Confidentiality

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    A Florida federal court's ruling in Florida Health Sciences Center Inc. v. Azar supports the argument that records properly submitted to patient safety organizations are protected patient safety work product, say Gavrila Brotz and Paul Borr of Tache Bronis.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Risks To Avoid When Conducting Virtual Clinical Trials

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    As pharmaceutical and medical device companies rapidly integrate virtual clinical trials into their research and development of new products, clinical investigators and corporate counsel must avoid data breaches, transmission errors and other missteps that may trigger novel plaintiffs' theories of recovery, say Kim Schmid and Sheryl Bjork of Bowman and Brooke.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.