Personal Injury & Medical Malpractice

  • April 03, 2020

    3rd Circ. Revives Immigration Review For Gay Salvadoran

    The Third Circuit on Friday revived a gay Salvadoran man's fight against deportation, finding that both an immigration judge and an immigration court had failed to properly address his evidence and claims that he was raped and threatened by gangs in El Salvador because of his sexual orientation.

  • April 03, 2020

    Fla. Property Owners Drop Mining Co. From Soil Pollution Suit

    A group of property owners told a Florida federal court Friday that they wish to drop a mining company from litigation claiming contamination has damaged their water supply and home values, leaving United Technologies’ Pratt & Whitney division as the lone defendant in the $1 billion case.

  • April 03, 2020

    Texas Justices To Hear Insurer's Bid To End Settlement Suit

    The Texas Supreme Court agreed Friday to review an insurer's bid to escape claims it owes a client $100,000 for allegedly negligently negotiating down a settlement in an auto accident suit.

  • April 03, 2020

    Seattle Nursing Home At Epicenter Of Pandemic Fined $600K

    A Seattle area nursing home at the epicenter of Washington's COVID-19 outbreak has been fined more than $600,000 by state and federal regulators, who found a litany of problems at the facility that contributed to dozens of cases there and led to nearly 40 deaths.

  • April 03, 2020

    Injured Cheerleader's $2.6M Trial Win Scrapped On Appeal

    A California state appeals court has ordered a new trial on whether a production company is liable for a former college cheerleader's injury during rehearsal for a film about the exploitation of women in cheerleading, tossing the cheerleader's $2.6 million trial win because the jury wasn’t given a crucial instruction.

  • April 03, 2020

    Texas Justices To Hear Gun Seller's Bid To Nix Shooting Suits

    The Texas Supreme Court agreed Friday to review sporting goods retailer Academy Sports & Outdoor's bid to escape four lawsuits brought by families of victims of the Sutherland Springs mass shooting that left 26 dead in 2017.

  • April 03, 2020

    Sbarro Settles Wage Claims As Sex Abuse Suit Heads To Trial

    Pizzeria chain Sbarro has settled several wage claims ahead of trial in a contentious suit filed in Nevada federal court by a former restaurant employee who says she was the victim of repeated sexual abuse while working under a supervisor who actively created a hostile work environment.

  • April 03, 2020

    Windy City Shuffle: Paul Hastings, Katten, Duane Morris

    In this roundup of Chicago lawyers’ latest lateral moves, Paul Hastings LLP landed a new cybersecurity and data protection partner and Katten Muchin Rosenman LLP beefed up its corporate team.

  • April 02, 2020

    Hospital Security Guard Barred From Wearing Mask, Suit Says

    A hospital in suburban Chicago is prohibiting its security guards from wearing protective face coverings while at work during the coronavirus pandemic, according to a lawsuit filed by a guard who says he was chastised for wearing a mask last month and has chosen not to return to work since.

  • April 02, 2020

    Iowa Court OKs New Damages Trial Over Fatal Crash

    The Iowa Court of Appeals ruled Wednesday there should be a new trial on damages in a case where a teenage passenger died after the driver ran a stop sign, citing a juror’s apparent independent financial projections.

  • April 02, 2020

    Ex-Boxing Champ Challenges Calif.'s Med Mal Damages Cap

    Former boxing champion “Sugar” Shane Mosley has lodged a challenge to California’s $250,000 cap on pain and suffering damages in medical malpractice cases, arguing that the 1975 law is unconstitutional because it hampers an individual’s right to legal redress.

  • April 02, 2020

    Ill. Justices Keep Doctor's Negligence Win In Birth Injury Suit

    Though an Illinois doctor will face a retrial on claims that she failed to obtain informed consent for a childbirth in which the infant suffered a shoulder injury, the parents won’t be able to get a redo on their negligence claim, the Illinois Supreme Court ruled Thursday.

  • April 02, 2020

    Fla. Court Ends Suit Blaming Social Media For Pulse Shooting

    Survivors and relatives of victims of the 2016 Pulse nightclub massacre failed to convince a Florida federal judge Thursday to allow them to file a fifth version of their lawsuit seeking to hold Twitter, Google and Facebook liable for allowing the Islamic State to post materials that allegedly inspired the shooter.

  • April 02, 2020

    Weinstein Suit's Bankruptcy Link Ties It To SDNY, Court Told

    Harvey Weinstein's younger brother Bob argued Wednesday that a former Polish model's suit alleging she was sexually assaulted by the convicted Hollywood mogul at age 16 should remain in New York federal court.

  • April 02, 2020

    Norwegian Cruise Line Looks To Ax Reckless Sailing Claims

    Norwegian Cruise Line is seeking to toss a negligence lawsuit brought by passengers accusing the company of deliberately sailing a ship into a powerful winter storm, telling a Florida federal court that the claims of physical and psychological injuries are inconsistent and confusing.

  • April 02, 2020

    Judge Weighs Elderly Prisoners' Bid For Relief Amid COVID-19

    A federal judge in Texas on Thursday encouraged the state to work quickly toward a resolution of Texas prisoners' request for increased access to sanitizers and social-distancing measures amid the coronavirus pandemic.

  • April 02, 2020

    Pa. Attorney Wins Meat Grinder Injury Malpractice Suit

    A Pennsylvania appeals court on Thursday shot down a suit by a woman alleging her attorney botched claims that she'd been injured by a defective meat grinder by waiting too long to file, saying she was unable to show that she would have had a viable personal injury case even if he had filed on time.

  • April 02, 2020

    Families Say Faulty Helicopter Part Led To Marines’ Deaths

    The families of four dead U.S. Marines have filed a lawsuit in Pennsylvania state court targeting two companies they say were responsible for supplying a faulty component that led to a fatal helicopter crash in southern California two years ago.

  • April 02, 2020

    Litigation Funder Blasts Atty's Bid To Skirt $6M Loan

    A litigation funding company told a Texas state court Wednesday a law firm that allegedly defaulted on a $6 million loan offered only “threadbare, conclusory arguments” in a bid to escape liability and did so too late.

  • April 02, 2020

    Ex-Sobo Atty Watched Porn Of Himself At Work, Suit Says

    A former Sobo & Sobo LLP associate hit the firm with a sexual harassment suit in federal court Thursday claiming it “did nothing” after she saw one of its lawyers watching pornographic videos of himself at work and walking throughout the office with his pants zipper down.

  • April 01, 2020

    Ex-Students Can't Force Baylor Sex Assault Policy Changes

    Fifteen women who say Baylor University negligently responded to sexual assault reports can’t force the school to institute a new policy for handling similar allegations in the future because they didn’t prove intentions to reenroll, a Texas federal judge ruled Wednesday.

  • April 01, 2020

    Ex-Dolphins Player's 3rd Trial Bid Against Team Doctor Axed

    A Florida appeals court rejected former Miami Dolphins star Otis "O.J." McDuffie's bid for a third trial in a medical malpractice suit accusing an ex-team doctor of causing his career-ending injury, saying Wednesday that the trial judge’s evidentiary decisions were sound.

  • April 01, 2020

    Napoli Shkolnik Seeks To Duck Negligence Bid

    Napoli Shkolnik PLLC has urged a Minnesota federal court to toss claims that it owes a woman approximately $750,000, arguing she has failed to establish that a now-dissolved firm failed to introduce certain medical records in underlying litigation against Toyota.

  • April 01, 2020

    Security Co. Not To Blame For Pulse Shooter, Fla. Court Says

    A Florida appeals court on Wednesday affirmed the dismissal of a suit brought by victims of the 2016 mass shooting at the Pulse nightclub in Orlando against the security company that employed the shooter, saying the victims could not show that the company's alleged negligence led to the massacre.

  • April 01, 2020

    Family Pushes 11th Circ. To Revive Cancer Suit Against UTC

    A Florida family urged the Eleventh Circuit on Wednesday to revive their suit claiming their daughter’s death from cancer was caused by United Technologies Corp.'s release of hazardous materials, arguing that a lower court misunderstood a pair of federal laws in finding it was filed too late.

Expert Analysis

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Telehealth During COVID-19: New Rules And Considerations

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    Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Accidental Death Ruling Highlights Flaw In ERISA Deference

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    The First Circuit’s recent decision in Arruda v. Zurich American Insurance, overturning an award for accidental death insurance benefits, is another illustration of how the Employee Retirement Income Security Act’s deferential standard of review tends to favor defendants in employee benefit cases, says Mark DeBofsky at DeBofsky Sherman.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • 8 Possible Paths To Insurance Coverage For COVID-19 Losses

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    At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

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