A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.
A prominent New Jersey psychologist whose license was suspended after he disclosed sensitive patient information to debt collection attorneys is stuck with more than $100,000 in sanctions after a state appellate court found his violations were egregious.
A bench trial over whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan entered its third day Friday, with an objector questioning whether a conflict exists because a Weil LLP attorney representing PG&E is the father of a director of the company running its confirmation process.
The Texas Supreme Court on Friday said it won't hear Walmart's attempt to dismantle a ruling that allowed a shopper to collect a $35,000 settlement that the company offered hours before a federal judge dismissed the underlying personal injury case against the retail giant.
A split Arkansas Supreme Court has affirmed a $630,000 trial verdict in favor of a woman who fell outside a Dollar General Corp. store, saying there was "substantial" evidence that an area of sidewalk was dangerous and approving a chiropractor's expert testimony.
In this edition of Coronavirus Q&A, one of Foley & Lardner LLP's top health lawyers discusses how the pandemic's psychological trauma could reshape mental health care and what COVID-19's brutal toll on senior citizens means for nursing home operations and investments.
A Florida appellate court held Friday that a suit claiming a financial motive was behind health care providers' failure to transfer a patient, allegedly causing the patient's death, is essentially a medical malpractice claim that requires a medical expert's opinion.
A Delaware judge on Friday ruled that Sidley Austin LLP can continue as counsel in the Boy Scouts of America's Chapter 11 despite a challenge from an insurer who asserted the firm was conflicted due to its previous representation of the insurer in other matters.
The Texas Supreme Court agreed Friday to review a utility service and its subcontractor's bid to escape negligence claims filed by a woman who claims she was injured when she fell into a hole left after a utility pole was removed from her property.
An ex-manager at a Pittsburgh-area Burger King has filed suit in Pennsylvania federal court alleging that she suffered a miscarriage after her superiors refused to make accommodations for her to go to the hospital when she began experiencing significant vaginal bleeding during a shift last August.
McDonald's told an Illinois state judge Friday that it believes it can work out a resolution to a dispute with a proposed class of workers who asked the court to require better safety and protection for workers during the COVID-19 pandemic.
Four more women on Thursday accused convicted rapist Harvey Weinstein of using his power in the entertainment industry, threats and physical force to rape, sexually abuse, assault, batter and falsely imprison them, according to a lengthy complaint filed in New York state court.
A Pennsylvania appeals court on Thursday ordered a hospital to produce about two years' worth of incident reports in a suit over an emergency room patient's death, saying the hospital could protect any privileged patient information and thus had no grounds to object.
The California Public Utilities Commission on Thursday voted unanimously in favor of Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan after hearing more than 100 public comments from customers against it and three comments in support of it.
A pair of former employees with the Visiting Nurse Association of Greater Philadelphia launched a whistleblower suit in state court Wednesday claiming they were fired last month after raising concerns about the nonprofit's alleged failure to adequately protect staff and patients from COVID-19.
A Pennsylvania woman has sued Utah Cord Bank Inc., a chiropractor and others in state court alleging that they misled her into trying a stem cell-based treatment for her arthritis, only for her to find later that it had given her painful infections.
Celebrity Cruises has asked a Florida federal court to toss a proposed class action alleging it failed to adequately protect thousands of workers on its ships during the current COVID-19 pandemic, saying the plaintiff's attorneys already failed to win a similar suit.
The Occupational Safety and Health Administration issued its first coronavirus-related citation "within the last week," the embattled head of the agency told lawmakers Thursday at a marathon House subcommittee hearing on OSHA's virus enforcement — or its alleged lack thereof.
Wynn Resorts and several of its current and former executives dodged a proposed class action accusing the hotel and casino giant of covering up its former CEO Steve Wynn's sexual misconduct after a Nevada federal judge found on Wednesday that the company did not deceive its shareholders.
An alliance of Pennsylvania business and health care industry groups renewed its call Thursday for executive or legislative action to provide civil immunity to their members from claims related to their response to the COVID-19 pandemic.
Gerdau Ameristeel US Inc. said a Travelers Companies Inc. subsidiary breached its insurance contract when it refused to foot a portion of a $4.75 million verdict against the steel company and others for the death of an apprentice electrician, according to a lawsuit filed Thursday in Georgia federal court.
A Manhattan federal judge on Wednesday criticized a legal staffing agency's lack of evidence against a former employee it accused of leaking sensitive information, rejecting a bid to gag the attorney and noting the agency itself had posted sealed documents on the public docket.
South Carolina's highest court ordered a new trial Wednesday on medical malpractice claims stemming from a doctor's misdiagnosis of an aneurysm as a spider bite, finding the first trial was tainted because a juror failed to disclose she had worked with the defendant.
Royal Caribbean on Wednesday asked a Florida federal judge to dismiss a proposed class action accusing the cruise line company of negligently exposing workers to COVID-19, which led to three crew members' deaths, saying the named plaintiff did not personally incur the alleged injuries.
A New Jersey state judge on Wednesday urged PNC Bank and a former employee to try to strike a deal amid their competing bids for new trials in the ex-worker's suit against the financial institution over being attacked by a customer, saying the matter "should be settled."
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.
While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.
Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.
Public agencies’ shift to remote work arrangements due to the pandemic highlights important lessons on policies, protocols and workplace safety that can help them prepare for challenges as telework becomes the new norm, say Oliver Yee and Alysha Stein-Manes at Liebert Cassidy.
Today's need for social distancing creates unique challenges for hospitals in ensuring that medical staff peer reviews can proceed properly and fairly using remote hearing procedures, says Ron Ravikoff at JAMS.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.
Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.
As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.