Personal Injury & Medical Malpractice

  • April 12, 2021

    Boy Scouts To File New Ch. 11 Docs With Two Plan Options

    Attorneys for the Boy Scouts of America told a Delaware bankruptcy judge Monday that they would be filing a Chapter 11 plan of reorganization by Tuesday after a mediation session failed to generate a global resolution to the case, saying the plan will still allow for a broad settlement while also providing a track for a straight restructuring.

  • April 12, 2021

    Slain Driver's Family Says Uber Can't Slip Wrongful Death Suit

    The family of a Seattle-area Uber driver killed by two passengers in a suspected attempted carjacking said Monday that Uber cannot dodge a negligence suit alleging its failure to screen new customers and bar fake rider accounts on its app contributed to the driver's wrongful death.

  • April 12, 2021

    Ky. Latest State To Enact COVID-19 Liability Shield Law

    Kentucky has enacted a law that shields businesses and health care providers from COVID-19 injury and death lawsuits, following Florida as the latest state to provide a legal safe haven for businesses amid the pandemic.

  • April 12, 2021

    Chubb Unit Says Reinsurer Owes For Asbestos Coverage

    RLI Insurance Co. owes a Chubb unit more than $800,000 for reinsurance billings tied to a settlement over coverage for asbestos-related personal injury claims lodged against auto parts manufacturer Echlin Inc., according to a suit filed in Pennsylvania state court.

  • April 12, 2021

    Insurance Co. Wants Out Of $20M Suit Over Fatal Auto Crash

    Great American Insurance Co. has asked a Georgia federal judge to declare it's not obligated to indemnify several construction companies facing $20 million in wrongful death claims stemming from a motorcycle crash.

  • April 12, 2021

    No New Trial For Golf Course Worker Run Over By Tractor

    A Pennsylvania appeals court on Monday refused to grant a new trial to a golf course worker who alleged defects in a tractor's design resulted in it running him over, rejecting his argument that the trial court wrongly blocked his proposed jury instructions and certain claims.

  • April 12, 2021

    Weinstein Confirms LA Indictment, Fights Extradition From NY

    Harvey Weinstein has been indicted on sexual assault charges in Los Angeles, his attorney confirmed Monday during a court hearing in New York state court where the disgraced movie mogul fought extradition to California on "humanitarian" grounds.

  • April 12, 2021

    Attys Ask For $25M In Landmark USC Sex Abuse Settlement

    Attorneys for women who alleged the University of Southern California failed to protect them from sexual abuse by a former gynecologist at the school are asking for $25 million in fees for their work in securing a landmark $215 million settlement reached last year.

  • April 09, 2021

    Most Texans QB Accusers Ordered To ID Themselves

    Two Houston state judges have ordered more than a dozen of the women who have filed sexual misconduct lawsuits against Houston Texans quarterback Deshaun Watson to reveal their identities.

  • April 09, 2021

    Ill. Nursing Home Can't Shake Suit Over COVID-19 Deaths

    An Illinois federal judge ruled Friday that a nursing home accused of causing a COVID-19 outbreak that resulted in the deaths of several residents can't escape twin suits because the residents' family members plausibly alleged violations of a state law governing nursing home care.

  • April 09, 2021

    Workers' Comp. Act Doesn't Protect Co. In Rollover Suit

    A Texas appeals court has revived a truck driver's suit against his employer, alleging it caused a rollover accident by making him drive for too long, saying the state's workers' compensation law doesn't block allegations that the company intentionally injured him.

  • April 09, 2021

    Parents Want Wholesaler Sanctioned In Drug Death Suit

    The parents of a woman who fatally overdosed on an Insys Therapeutics opioid called on a New Jersey federal court Friday to sanction a pharmaceutical wholesaler for allegedly deleting documents relevant to their wrongful-death suit, saying they wasted time and money searching empty hard drives.

  • April 09, 2021

    Foot Doctor Keeps Win In Suit Alleging Botched Surgery

    The Pennsylvania Superior Court on Friday refused to overturn a jury verdict in favor of a podiatrist who allegedly fouled up a surgery on a patient, saying the jury had plenty of evidence to support the conclusion that the doctor was not negligent.

  • April 09, 2021

    Mom's Grief No Excuse For Late Filing In Son's Death Suit

    A New Jersey appeals court on Friday denied a mother's appeal of the dismissal of her suit alleging Rutgers University-affiliated doctors are responsible for her son's death, finding her grief was not an "extraordinary circumstance" that justified her missing a filing deadline.

  • April 08, 2021

    Ex-Steelers Blocked From 'Race Norming' Talks, For Now

    The Pennsylvania federal judge overseeing the NFL concussion settlement Thursday told a pair of former Pittsburgh Steelers players who alleged the "race-norming" settlement process discriminates against Black players that she is awaiting a report from mediation between the NFL and class counsel Seeger Weiss LLP before allowing them to intervene.

  • April 08, 2021

    Pa. High Court's Jury Bias Rule Thwarts Med Mal Retrial Bid

    A Pennsylvania appeals court ruled Thursday that the widow of a man who died following a leg amputation can't get a new medical malpractice trial due to alleged juror bias, citing a year-old state high court ruling which clarified how parties should assert such bias claims.

  • April 08, 2021

    Texans QB Seeks Court Order To ID Sex Assault Accusers

    Houston Texans quarterback Deshaun Watson is asking a Texas state court to order the growing number of women who have anonymously filed sexual misconduct lawsuits against him to come forward with their identities as the cases continue to garner widespread media attention.

  • April 08, 2021

    Purdue Wants Another Month's Reprieve From Opioid Suits

    Purdue Pharma has asked a New York bankruptcy judge for another month of relief from lawsuits over its opioid sales, saying negotiations on the final form of its Chapter 11 plan are at a "critical stage."

  • April 08, 2021

    Daily Mail Writer Dodges Ex-Rep. Hill's Revenge Porn Suit

    A California judge on Thursday tossed claims that a Daily Mail writer violated the state's revenge porn law by distributing nude photos of former U.S. Rep. Katie Hill, expressing her remorse for Hill but standing by her decision that the journalist was reporting news of public concern.

  • April 08, 2021

    State Farm Beats Car Crash Coverage Suit At 3rd Circ.

    The Third Circuit ruled Thursday that written requests for Pennsylvania car insurance premium reductions are enough to make the policy limits enforceable, saying a state law's "silence" beyond that requirement means a victory for State Farm in a coverage dispute. 

  • April 08, 2021

    ERCOT Wants MDL For Texas Winter Storm Litigation

    The Electric Reliability Council of Texas Inc., the state's primary electrical grid operator, is seeking to combine into multidistrict litigation at least 35 cases from four counties stemming from a deadly and destructive February winter storm.

  • April 08, 2021

    11th Circ. Revives Dissident Cuban Journalist's Asylum Bid

    The Eleventh Circuit revived a Cuban journalist's bid for asylum, finding that the immigration courts overlooked and "plainly misstated" evidence that the asylum-seeker had a well-founded fear of future persecution if returned to Cuba.

  • April 08, 2021

    Lab Supplier Says Wrong Co. Sued Over Faulty COVID Tests

    Thermo Fisher Scientific Inc. urged a New Jersey federal court to toss TruGenX's $1.5 million complaint over purportedly faulty COVID-19 testing supplies, arguing that the molecular laboratory is suing the wrong supplier.

  • April 08, 2021

    TransUnion Biz Allegedly Shared Renters' Expunged Records

    A TransUnion subsidiary that provides landlords with background checks on potential renters has shared expunged criminal records, in violation of federal credit reporting law, according to a proposed class action filed Wednesday in Maryland federal court.

  • April 07, 2021

    Banks Beat Victims' Suits Over Hamas Funding At 2nd Circ.

    The Second Circuit on Wednesday affirmed lower court rulings that National Westminster Bank PLC and Credit Lyonnais SA can't be held liable under the Antiterrorism Act for providing banking services to an organization accused of funding the Hamas terrorist group.

Expert Analysis

  • What Associates Should Consider Before Switching Practices

    Author Photo

    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

    Author Photo

    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

    Author Photo

    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

    Author Photo

    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

    Author Photo

    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

    Author Photo

    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Recent Developments Muddle Texas Auto Insurance Rule

    Author Photo

    Though Texas policyholders have historically needed to establish legal entitlement before recovering underinsured or uninsured motorist benefits under an auto policy, recent court decisions and potential legislation have created some confusion, say Samantha Halpern and Harrison Yoss at Thompson Coe.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

    Author Photo

    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Preventing Employee Brain Injury And Subsequent Litigation

    Author Photo

    Employers who fail to identify and treat traumatic brain injury can end up with catastrophic claims, but safety rules, guidelines, training and personal protective equipment all help avert risk, says Thu Do at Gilson Daub.

  • Opinion

    Aviation Watch: FAA Must Take Action On Fan Blade Dangers

    Author Photo

    After a series of recent incidents involving defective fan blades in jet engines on commercial airliners, the potential for loss of life and legal liability is clear — so it is troubling that the Federal Aviation Administration has not addressed the problem with greater urgency, says Alan Hoffman, a retired attorney and aviation expert.

  • A Uniform Mediation Act Primer As States Continue Adoption

    Author Photo

    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Safeguarding Privileged Communications In A Remote World

    Author Photo

    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

    Author Photo

    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Parent Cos. Can Expect More Suits Over Foreign Subsidiaries

    Author Photo

    Recent decisions by courts in the U.S., the U.K. and other countries demonstrate a growing trend toward holding corporate actors responsible for alleged misconduct of their overseas subsidiaries, so multinational companies should prepare for potential litigation by assessing corporate policies and contracts to mitigate liability, say Viren Mascarenhas and Nicolas Franco at King & Spalding.

  • How To Help Your Witnesses Overcome Hindsight Bias

    Author Photo

    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!