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Personal Injury & Medical Malpractice

  • March 21, 2019

    Bar's Tent Collapse Settlement Fight Heads To State Court

    A Missouri federal judge has remanded a St. Louis bar’s suit that alleges its liability insurer and the attorney it hired improperly passed up a favorable settlement in an underlying case over a deadly tent accident, saying Thursday that the claims against the attorney were valid and could be heard in state court.

  • March 21, 2019

    Most Of $4.4M Award Upheld In Fatal Texas Crash Suit

    A Texas appeals court on Thursday trimmed a $4.4 million award down to $4.2 million in a suit accusing a motorist of negligently hitting a motorcyclist and causing his death, saying the bulk of the award was supported by the evidence.

  • March 21, 2019

    NJ Nurse Can't Duck Suit Over Fatal Allergic Reaction

    A nurse accused of failing to properly monitor a patient who died from an allergic reaction to a medication she administered can’t escape a malpractice suit solely because the man’s widow didn’t learn her name until late in the game, a New Jersey appellate court said Thursday.

  • March 21, 2019

    Plaintiffs Bar Cheers High Court's Pass On Class Cert. Review

    The plaintiffs bar is applauding the U.S. Supreme Court's choice this week to leave intact a Sixth Circuit decision that endorses a little-used path to class certification, a ruling experts say is likely to result in more successful class actions, especially toxic torts, across the country.

  • March 21, 2019

    Chicago O'Hare Injury Suit Not Covered, Insurer Says

    A New Jersey insurance company told an Illinois federal judge Wednesday it is not responsible for providing coverage to the city of Chicago and several construction companies for a personal injury suit stemming from a truck accident at Chicago O'Hare International Airport.

  • March 21, 2019

    NYC Subway Fall Victim's $3.2M Injury Award Trimmed

    A New York appellate panel on Thursday reduced a $3.2 million jury verdict in a stairway slip-and-fall case against the New York City Transit Authority by $525,000, finding the awards for past and future pain and suffering were unreasonably high.

  • March 21, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A plane crash that killed four partners in the same injury defense firm and proposed tort reform legislation in Kentucky lead Law360’s Tort Report this week, an occasional feature that compiles recent personal injury and medical malpractice news items that may have been missed.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Justices Urged To Ignore BNSF's $10.7M Death Award Appeal

    A woman whose husband was killed at an Oklahoma railroad crossing urged the U.S. Supreme Court on Tuesday not to review her $10.7 million award against BNSF Railway Co., saying the case doesn't present the federal preemption issue the rail giant claims it does.

  • March 20, 2019

    NY Hospital Must Produce 'Audit Trail' In Amputation Suit

    A New York appeals court ordered a hospital to produce the “audit trail” from a patient’s electronic health records Wednesday in a suit that blames the hospital for the patient’s leg amputation, saying such requests are not subject to a higher discovery standard.

  • March 20, 2019

    Health Co. Can't Slip Insurer's Suit Over Med Mal Settlement

    A Pennsylvania federal judge has let an insurer proceed with its suit seeking to claw back its share of a settlement reached after a $19 million medical malpractice award against a regional health care provider, saying it’s possible the health system breached its policy by failing to keep the insurer updated on the trial.

  • March 20, 2019

    Insurers Can Seek Costs From Bridge Collapse Suit Coverage

    A Florida federal court on Tuesday partially dismissed insurers' suit seeking to deny an engineering firm legal defense coverage over the deadly collapse of a pedestrian bridge at Florida International University near Miami, but said they may still seek reimbursement of fees and costs already incurred.

  • March 20, 2019

    Insys Founder's Atty Seeks Mistrial Over Addiction Testimony

    An attorney for Insys Therapeutics founder John Kapoor asked a judge for a mistrial in Boston federal court Wednesday, saying a witness should not have been allowed to testify about how a heavy prescriber of Insys' fentanyl spray was also addicted to opioid painkillers himself.

  • March 20, 2019

    Jury Awards $6.5M To Family Of Baby Burned At Resort

    A Michigan family whose baby was burned by hot coffee at a California resort suffered $6.48 million in damages, a San Diego federal jury has found, attributing most of the fault to the resort and a small portion to the family's nanny.

  • March 20, 2019

    Family Sues Pa. Nursing Home Over Dementia Patient's Death

    The daughters of an elderly woman with dementia who died after wandering from an assisted living facility in Philadelphia said Wednesday that they hope a lawsuit will shed light on what happened and help ensure that no other residents suffer a similar fate.

  • March 20, 2019

    Akerman Atty Joins Miami Boutique As Whistleblower Chief

    Boutique Miami-based trial firm Freidin Brown PA has added a former Akerman LLP partner who will lead the firm’s growing whistleblower and qui tam practice as well as represent medical malpractice and personal injury victims throughout Florida.

  • March 19, 2019

    W.Va. AG Targets Priest Abuse With Consumer Protection Law

    West Virginia Attorney General Patrick Morrisey on Tuesday announced a lawsuit charging a Mountain State diocese and its former bishop with violations of state consumer protection laws for allegedly failing to tell parents of kids attending church-run schools and programs about past abuse accusations against employees.

  • March 19, 2019

    No Test Sharing Needed In Med Mal Suit: Ill. Appeals Court

    A woman suing a Chicago hospital for medical malpractice doesn’t have to disclose the results of medical tests performed by an outside physician her attorney retained, an Illinois appeals court ruled.

  • March 19, 2019

    Ind. Court Scolds Judge For 'Punting' Wrongful Firing Suit

    An Indiana appeals court on Tuesday admonished a trial judge for "punting" a wrongful termination case to an appellate panel on the basis that to do otherwise would be a "waste of time" and then tossed the suit in which a nurse claimed she was improperly fired for asking hospital employees to modify patient arrival times.

Expert Analysis

  • The Latest On Vapor Intrusion Regs In Calif.

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    Recent and upcoming vapor intrusion policies from California environmental regulators will increase the number of properties investigated, shift the focus to indoor air sampling, and possibly affect real estate transactions, say Catherine Johnson and Dorothy Dickey of Environmental General Counsel LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Liability For CEO Misconduct Expands After #MeToo

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    The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • The Immodest Textualism Of Justices' Retirement Tax Opinion

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    The U.S. Supreme Court’s recent opinion in BNSF Railway v. Loos, resolving the meaning of “compensation” under the Railroad Retirement Tax Act, is unsatisfying, not because it is bad or wrong so much as it is analytically immodest, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • Rebuttal

    Attys In Opioid Suits Are Holding Big Pharma Accountable

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    A recent Law360 guest article suggested that law firms representing states and municipalities against opioid manufacturers are unscrupulous for working on a contingency basis. But these plaintiffs cannot afford the enormous costs and need contingency-based lawyers, says David Scott of Scott & Scott Attorneys at Law LLP.