Personal Injury & Medical Malpractice

  • September 13, 2019

    Christian TV Network Can't Avoid Rape Victim's $900K Award

    The company behind the Trinity Broadcasting Network televangelism empire will have to pay $900,000 to its co-founder's granddaughter after a California appeals court backed a lower court's finding that the business was liable for emotional distress the grandmother caused her granddaughter after the then-teen was raped.

  • September 13, 2019

    Md. Hospital Must Give Docs For Archbishop Sex Abuse Case

    A Maryland psychological treatment center must produce the mental health records of a now-deceased Boston clergyman who admitted to sexually assaulting minors because the information is relevant to an ongoing case, a state court of appeals said.

  • September 13, 2019

    Norwegian Settles Teen Passenger's Medical Negligence Claim

    With a trial date looming, Norwegian Cruise Line settled a negligence case Friday over debilitating side effects a teenage swimmer allegedly suffered after onboard medical staff treated her minor foot infection with the antibiotic Levaquin despite warnings against its use for minors.

  • September 13, 2019

    Texas Panel OKs Nix Of Patient Death Suit For Faulty Notice

    A Texas appeals court has affirmed the dismissal of a suit accusing a Plano hospital of causing a patient’s death due to medical malpractice, saying the patient’s estate didn’t timely serve a notice of claim to the appropriate party as required by state law governing limited partnerships.

  • September 13, 2019

    TSA's 'Enormous Liability' Over 3rd Circ. Ruling Is Overblown

    The full Third Circuit's recent ruling that abusive Transportation Security Administration officers can't assert immunity for certain claims of wrongdoing under federal law is a big win for travelers, but concerns that the federal government potentially faces "enormous liability" are unfounded, experts said.

  • September 13, 2019

    Trip-And-Fall Suit Against Fla. Strip Mall Owner Gets Revived

    An elderly man who accused a strip mall owner of causing his fall near a curb will get to bring forward his claims again after a Florida state appeals court said Friday that the trial judge was wrong to exclude certain testimony that "eviscerated" the man's case.

  • September 13, 2019

    PG&E, Insurers Cut $11B Deal Over Calif. Wildfires

    A group of insurance companies with claims against Pacific Gas and Electric for payouts they made to victims of California's 2017 and 2018 wildfires announced Friday that it has agreed to settle with the bankrupt utility for $11 billion.

  • September 13, 2019

    USA Gymnastics Asks For 60 More Days To File Ch. 11 Plan

    USA Gymnastics has asked the Indiana bankruptcy court overseeing its restructuring for more time to file a Chapter 11 plan, saying it’s making progress in dealing with its insurers and the hundreds of sexual abuse claims that felled it.

  • September 12, 2019

    Avco Faces New Trial In Plane Crash With $28M Verdict

    A unit of aerospace giant Avco could be on the hook for a $28 million verdict in a single-engine plane crash after the Minnesota Supreme Court ruled Wednesday that an accident investigator’s expert testimony was wrongly tossed after trial.

  • September 12, 2019

    Texas Ambulance Co. Must Face Suit Over Crash Injury

    Claims from a mother who accused an ambulance driver of falling asleep and crashing her vehicle while transporting her daughter to a medical center will move forward, after a split Texas appellate panel said the allegations constitute negligence claims, not health care liability claims.

  • September 12, 2019

    ‘Resident Evil’ Stuntwoman Who Lost Arm During Scene Sues

    The producers of "Resident Evil: The Final Chapter" put profits above the safety of the film's cast and crew, a stuntwoman alleges in a lawsuit filed in Los Angeles, saying they reneged on a promise to pay her medical costs after she lost her arm in a horrific on-set accident.

  • September 12, 2019

    LA County Remains On Hook For $1.14M Bus Injury Award

    A California state appeals court on Wednesday upheld a $1.14 million verdict for a man who fell down on a city bus when it unexpectedly lurched, saying the rider met the burden for proving negligence.

  • September 12, 2019

    Mistrial Ordered In Amtrak Passenger's Suit Over Wash. Crash

    A federal court declared a mistrial Wednesday in a man's injury case against Amtrak over a 2017 train derailment near DuPont, Washington, following a doctor’s testimony about a plaintiff evaluation that was not disclosed to the rail company.

  • September 12, 2019

    NHL Player's Widow Says CBA Doesn't Preempt Injury Claims

    The widow of NHL player Todd Ewen attempted to overcome a hurdle at the center of concussion and head injury lawsuits against the league Wednesday and urged a California federal court to reject the NHL's argument that its labor agreements cover her claims.

  • September 12, 2019

    Porn Studio Asks 9th Circ. To Revive HIV Suit Coverage Bid

    The owner of a California pornography studio on Wednesday urged the Ninth Circuit to find that Atain Specialty Insurance Co. is required to fund its defense of lawsuits brought by performers who allegedly contracted HIV on the job, saying a lower court improperly applied a policy exclusion for sexual abuse claims. 

  • September 12, 2019

    Ex-MoFo Partner Fairfax Hits CBS With $400M Defamation Suit

    Virginia Lt. Gov. Justin Fairfax is seeking $400 million over claims CBS defamed him by airing and promoting one-sided interviews with two women he says falsely accused him of sexual assault, according to a suit the former Morrison & Foerster LLP partner filed Thursday against the news outlet.

  • September 12, 2019

    Parents Lose Class Cert. Bid In Pop Warner Concussion Suit

    A California federal judge on Wednesday denied class certification to parents accusing Pop Warner of deceiving them about the risks of head injuries their children would face, saying they haven't shown that the organization told all parents the same things.

  • September 11, 2019

    Pa. Justice Questions Scope Of Mental Health Liability Waiver

    A Pennsylvania Supreme Court justice cast doubt during a hearing Wednesday over whether a Philadelphia-area rehabilitation center could rely on a statute limiting the liability of mental health care providers to avoid claims over the death of a patient.

  • September 11, 2019

    NY Hospital Must Face New Trial Over Man's Pneumonia Death

    A New York state appeals court on Wednesday ordered a new trial in a suit accusing a hospital and an emergency room doctor of failing to hospitalize a patient with severe pneumonia that caused his death, saying certain evidence was improperly allowed by the trial judge.

  • September 11, 2019

    Antonio Brown Suit Is Key Test For NFL's Conduct Policy

    A new civil lawsuit against New England Patriots wide receiver Antonio Brown alleging he sexually assaulted a personal trainer could put the NFL commissioner's power to discipline players to the test at a crucial moment as talks heat up over a new labor deal between the league and its players.

  • September 11, 2019

    6th Circ. Won't Reinstate DQ'd BakerHostetler In Opioid MDL

    The Sixth Circuit has rejected a bid by two Endo units to order an Ohio federal court to vacate its order disqualifying a former U.S. attorney and her firm BakerHostetler from representing the companies in sprawling Ohio multidistrict litigation involving racketeering and corrupt practices charges against various opioid makers and distributors.

  • September 11, 2019

    Canoe Race Host Asks 9th Circ. To Revive Coverage Battle

    The host of a 2016 canoe race hit with a suit by a racer who was seriously injured in a freak accident told the Ninth Circuit on Wednesday that a Hawaiian federal judge misread its policy with Great Divide Insurance Co. when she found the insurer didn’t have to defend it.

  • September 11, 2019

    Mass. Teen Can Sue Fence Owner After Friend Hit By Train

    A Massachusetts appeals court on Tuesday revived a teenager's suit against the owner of a shoddy fence that allowed her and her friend access to train tracks, saying she could plausibly claim negligent infliction of emotional distress after witnessing her friend killed by a train.

  • September 11, 2019

    Purdue To Settle Thousands Of Opioid Suits, File Bankruptcy

    Purdue Pharma LP and its owners, the Sackler family, have reached a tentative deal to settle roughly 2,000 opioid suits brought by local governments, states and tribes, with the Sacklers agreeing to pay $3 billion from their own fortune, a source involved with the negotiations told Law360 on Wednesday.

  • September 11, 2019

    Philly Chemical Co. Can't Escape Retaliatory Firing Suit

    A Philadelphia chemical manufacturer can’t avoid an ex-employee’s claims that he was improperly fired for complaining about racial discrimination and the company’s failure to accommodate an injury, a Pennsylvania federal judge has ruled.

Expert Analysis

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Opinion

    NFL Discipline Process Shouldn't Apply To Off-Field Conduct

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    This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL should get out of the business of discipline for off-field behavior — for five reasons, says Ronald Katz at GCA Law Partners.

  • Calif. Utility Regulator Focusing On Companies' Safety Culture

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    The California Public Utilities Commission's recent investigations of Southern California Gas and Pacific Gas & Electric show a shift from reactive, incident-specific regulatory enforcement to a focus on utilities' corporate safety culture in connection with potential misconduct, say Tara Kaushik and Kevin Ashe of Holland & Knight.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • A Win For Fla. Hospitals On Patient Safety Data Confidentiality

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    A Florida federal court's ruling in Florida Health Sciences Center Inc. v. Azar supports the argument that records properly submitted to patient safety organizations are protected patient safety work product, say Gavrila Brotz and Paul Borr of Tache Bronis.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Risks To Avoid When Conducting Virtual Clinical Trials

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    As pharmaceutical and medical device companies rapidly integrate virtual clinical trials into their research and development of new products, clinical investigators and corporate counsel must avoid data breaches, transmission errors and other missteps that may trigger novel plaintiffs' theories of recovery, say Kim Schmid and Sheryl Bjork of Bowman and Brooke.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Opinion

    Maryland Asbestos Mediation Bill Deserved To Fail

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    It is fortunate for both plaintiffs and defendants that a bill that would interfere with Maryland's successful asbestos case management program recently failed in the state's General Assembly — and the legislation should not be revived in a future session, says Vincent Palmiotto of Clyde & Co.

  • Evaluating Section 230 Liability In The Sharing Economy

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    Marketing and economic theories provide an array of theoretical and empirical tools to examine the evidence and assist triers of fact in determining causal issues related to an internet platform’s liability for its users' conduct under Section 230 of the Communications Decency Act, a key question in recent actions against websites, say consultants at Analysis Group and attorneys at Wheeler Trigg.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • Manufacturers Won't Bear All Liability For Driverless Vehicles

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    The shift to autonomous vehicles may transform the litigation landscape relating to car accidents — but instead of resulting in monolithic liability for automobile manufacturers in all cases, it will likely mean that liability will depend on the technology involved, the warnings regarding its use and the actions of other parties, says Geoffrey Wyatt of Skadden.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.