Personal Injury & Medical Malpractice

  • January 24, 2020

    Ill. Justices Say Auto Insurance Policy Can't Be 'Stacked'

    The Illinois Supreme Court on Friday reversed a lower court's determination that a four-car auto insurance policy's bodily injury coverage can be "stacked" four times to provide a $1.2 million payout for an auto crash that killed two and severely injured another, saying the policy's anti-stacking clause was unambiguous.

  • January 24, 2020

    Bankruptcy Judge OKs $1.3M Bonus For Purdue CEO

    A New York bankruptcy judge ended a monthslong dispute over pay for Purdue Pharmaceutical executives Friday, saying a $1.3 million bonus for the company's CEO is reasonable for the industry.

  • January 24, 2020

    CertainTeed Spinoff Hits Ch. 11 To Deal With Asbestos Costs

    An affiliate of building material maker CertainTeed filed for Chapter 11 protection Thursday in North Carolina after being spun off from the company and saddled with legacy asbestos liabilities stemming from CertainTeed’s cement pipe and roofing products.

  • January 24, 2020

    Ex-NFL Player Urges Judge Not To Sack ERISA Suit

    A former NFL player has urged a New York federal judge not to spike a proposed class action claiming his retirement plan’s supervisory board failed to disclose enough information about players’ benefits, arguing the latest version of his suit includes enough details to keep it in court. 

  • January 23, 2020

    Insurer Can't Slip Bad Faith Claims In Hospital Coverage Row

    A Pennsylvania federal court ruled bad faith counterclaims against Ironshore Specialty Insurance in a coverage dispute can proceed even though the insurer paid for a settlement struck in the wake of a $19 million medical malpractice verdict.

  • January 23, 2020

    Fla. Justices Lower Bar For Appealing State Immunity Denials

    The Florida Supreme Court affirmed Thursday that state rules did not allow appellate courts to reconsider non-final denials of sovereign immunity, but it simultaneously amended those rules to make such appeals possible in the future.

  • January 23, 2020

    Royal Caribbean Wants 11th Circ. To Slash $3.4M Death Award

    Royal Caribbean on Thursday asked the Eleventh Circuit to slash a Florida federal jury's $3.4 million verdict over a Wisconsin man's heart attack death, saying the trial court should have applied Wisconsin law that would have barred noneconomic damages such as pain and suffering.

  • January 23, 2020

    'Sopranos' Star Says Weinstein Raped Her

    Actress Annabella Sciorra shared her vivid allegations of rape and manipulation at the hands of Harvey Weinstein with a New York state jury Thursday as the first of several witnesses who will claim at trial that the Hollywood titan violently sexually assaulted them.

  • January 23, 2020

    NFL Labor Talks Hit Snag Over Injury Liability Waiver

    Negotiations between the NFL and its players for a new labor agreement have stalled over the league's insistence on a unique liability waiver for on-field injuries, a proposal that experts say is aimed at protecting the NFL from an increase in injury claims filed by its players in recent years.

  • January 23, 2020

    Seeger Weiss To Spend $5M Of Concussion Education Fund

    Seeger Weiss LLP, which indirectly represents all 20,000 or so retired players covered by the landmark NFL concussion settlement, has unveiled a proposal to spend more than $5 million of the $10 million set aside by the settlement for educational purposes.

  • January 23, 2020

    Union Pacific Preserves Win In Suit Over Calif. Teen's Death

    A California state appeals court has cleared Union Pacific Railroad Co. in a suit blaming it for causing the death of a teen hit by a train at a railway crossing, saying the railroad did not own or manage the crossing and its employees were not negligent.

  • January 23, 2020

    NJ High Court Nixes FedEx Driver's Slip-And-Fall Claim

    The New Jersey Supreme Court on Thursday upended a state appellate ruling that a property owner may be held liable for a FedEx driver's fall on the icy driveway of the car dealership that rents the property, saying a lease agreement made clear that the dealership was responsible for maintaining the premises.

  • January 23, 2020

    Insys Founder John Kapoor Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    MLB Hall Of Famer Keeps Win In Biker's Injury Suit

    An Arizona appeals court on Thursday handed a win to Major League Baseball Hall of Famer Tony La Russa in a suit alleging he was negligent for keeping a cable fence on his property that injured a bicycle rider, finding that the trial court was correct in determining the rider was trespassing on his land.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    Newsom Urges Court To Reject PG&E's Bankruptcy Plan

    California Gov. Gavin Newsom urged a federal bankruptcy court Wednesday to reject Pacific Gas and Electric Co.'s reorganization plan, even as PG&E announced it had reached a deal with a group of bondholders securing their support.

  • January 22, 2020

    Bridgestone Unit Must Face Suit Over Man's Quadriplegia

    A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.

  • January 22, 2020

    BNSF Conductor's $3.1M Injury Award Wiped Out Once Again

    A Kansas appeals court has again voided a $3.1 million verdict against BNSF Railway Co. for a conductor’s slow-developing back injury, saying the worker’s counsel made an improper closing argument intended to “inflame the passions of the jury” and that warranted a retrial.

  • January 22, 2020

    Weinstein 'A Monster' Or 'Innocent' In Rape Trial Openings

    Counsel for Harvey Weinstein and the Manhattan district attorney on Wednesday told a New York state jury starkly different stories — one of sexual predation and the other of transactional sex — in describing the fallen mogul’s relationships with six women during opening statements in his rape trial.

  • January 22, 2020

    Nassar Accusers Want USA Gymnastics Bankruptcy Canned

    Hundreds of gymnasts suing USA Gymnastics over sexual abuse by former team doctor Larry Nassar and others have asked an Indiana bankruptcy court to dismiss the organization’s Chapter 11 case, calling it a farce intended only to protect USAG from the “true depravity” of its actions ahead of the 2020 Olympics.

  • January 22, 2020

    'My 600-lb Life' Production Co. Sued Over Patient's Suicide

    The production company that makes "My 600-lb. Life" and other reality shows has been hit with a negligence lawsuit in Houston by the family of a man who killed himself after appearing on the show, alleging he wasn't given proper mental health treatment in the aftermath of his dramatic weight loss.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Ex-Insys Exec Blasts Big Pharma For Exploiting Women

    In a memorandum seeking to avoid prison time the day before she is sentenced, a convicted former Insys Therapeutics Inc. executive and onetime exotic dancer blasted the pharmaceutical industry Tuesday for exploiting women to prey on "lonely" doctors to drive opioid sales.

  • January 21, 2020

    UK Insurer Goes After Ace Over Amusement Fair Injury

    A U.K.-based insurer has slapped Ace American Insurance with a breach of contract suit in Tennessee federal court that alleges the U.S. firm acted in bad faith by refusing to cover an amusement park employee’s injuries from an electric shock.

Expert Analysis

  • Opinion

    PG&E’s Bankruptcy Plan Should Not Be Approved

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    The federal judge overseeing Pacific Gas and Electric Co.’s bankruptcy cannot legally approve the plan agreed to by a group of bondholders and wildfire claimants, because there is no reason to believe that the company will not incur billions of dollars in additional wildfire liabilities in the next few years, says attorney J.B. Heaton.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • NY Sex Abuse Insurance Suit Showcases Possible Arguments

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    Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 2019 Trends In DOJ Health Care Enforcement

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    Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Top 5 Drug And Medical Device Developments Of 2019

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    Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

  • Opinion

    Time To Factor Families Into New York's Wrongful Death Law

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    New York state lawmakers should pass legislation that would allow consideration of a family’s mental anguish and emotional loss in wrongful death litigation so that courts are not limited to calculations of a decedent's economic worth or predeath pain and suffering, says David Perecman of The Perecman Firm.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.