Personal Injury & Medical Malpractice

  • May 29, 2020

    Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

    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.

  • May 29, 2020

    NJ Doc Can't Escape Sanctions For Giving Attys Patient Info

    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.

  • May 29, 2020

    PG&E Objector Suggests Weil Atty's Son Raises Conflict

    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.

  • May 29, 2020

    Texas Justices Won't Hear Walmart's Bid To Undo Settlement

    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.

  • May 29, 2020

    Dollar General On Hook For $630K Slip-And-Fall Verdict

    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.

  • May 29, 2020

    Coronavirus Q&A: Foley & Lardner's Health Practice Chair

    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.

  • May 29, 2020

    Fla. Court Says Deadly Patient Transfer Suit Is Med Mal Case

    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.

  • May 29, 2020

    Sidley Can Continue As Boy Scouts' Ch. 11 Counsel

    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.

  • May 29, 2020

    Texas Justices To Hear Utility Co.'s Bid To End Injury Suit

    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.

  • May 29, 2020

    Burger King Sued Over Ex-Manager's Miscarriage

    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.

  • May 29, 2020

    McDonald's Aims To Settle Workers' COVID-19 Safety Suit

    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.

  • May 28, 2020

    Harvey Weinstein Hit With New Rape Allegations In New York

    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.

  • May 28, 2020

    Pa. Hospital Must Hand Over Reports In Patient Death Suit

    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.

  • May 28, 2020

    CPUC Approves PG&E's $58B Ch. 11 Plan Despite Criticism

    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.

  • May 28, 2020

    Hospice Allegedly Axed Staff Who Sought Virus Protections

    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.

  • May 28, 2020

    Pa. Woman Claims She Was Misled On Stem Cell Treatment

    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.

  • May 28, 2020

    Celebrity Cruises Looks To Escape COVID-19 Class Suit

    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.

  • May 28, 2020

    OSHA Tells House Panel It Just Issued First Virus Citation

    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.

  • May 28, 2020

    Wynn Resorts Slips Investor Suit Over Ex-CEO's Sexual Abuse

    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.

  • May 28, 2020

    Pa. Industry Groups Push For Pandemic Liability Protection

    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.

  • May 28, 2020

    Gerdau Says Travelers Owes Some Of Wrongful Death Verdict

    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.

  • May 27, 2020

    WilmerHale, Toyota Agency Posted Sealed Info, Loses Gag Bid

    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.

  • May 27, 2020

    Juror Who Knew MD Swayed Med Mal Trial, SC Court Finds

    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. 

  • May 27, 2020

    Royal Caribbean Urges Court To Ax Workers' COVID-19 Suit

    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.

  • May 27, 2020

    Judge Urges Sides To Settle PNC Bank Sex Assault Case

    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."

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    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.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    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.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    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.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    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.

  • How Hollywood Can Inspire Courtroom Presentations

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    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.

  • Trial By Webcam: Tips From A Firsthand Experience

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    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.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    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.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    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.

  • Telework Transition Holds Key Lessons For Public Agencies

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    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.

  • 6 Considerations For Medical Staff's Virtual Peer Reviews

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    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.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    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.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    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.

  • A Lawyer's Guide To Client Service Continuity Planning

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    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.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    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.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    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.

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