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Personal Injury & Medical Malpractice

  • June 24, 2019

    Hawkins Parnell & Young Adds Trial Lawyer In Chicago

    A trial attorney for municipalities and companies who was formerly a shareholder at Segal McCambridge Singer & Mahoney Ltd. has joined Hawkins Parnell & Young LLP in Chicago.

  • June 24, 2019

    Justices Won't Hear Tribe's Appeal Over Drunken-Driving Row

    The U.S. Supreme Court declined Monday to hear a petition by the Poarch Band of Creek Indians and its casino over tribal immunity related to a drunken-driving suit in Alabama, denying certiorari, although the U.S. solicitor general suggested the high court might want to review or remand the case.

  • June 24, 2019

    Boston Firm Gets $1.2M In Trade Secret Dispute With Ex-Attys

    A Massachusetts law firm specializing in asbestos and toxic tort litigation has won nearly $1.2 million in its suit alleging that several former attorneys stole its trade secrets and started a rival firm, after a state jury returned a verdict in its favor.

  • June 24, 2019

    Church Abuse Publicity May Undermine Relaxed Pa. Time Bar

    Those claiming to have been sexually abused by priests in Pennsylvania may have a hard time pleading ignorance about cover-ups by the Roman Catholic Church as they look to take advantage of a ruling breathing new life into previously time-barred lawsuits, attorneys say.

  • June 24, 2019

    Ill. State Bar Insurer Off The Hook In Atty Fee Fight

    The Illinois State Bar Association Mutual Insurance Co. has no duty to defend a Chicago attorney against a motion made by former clients to keep him from taking attorney fees out of a $25 million settlement, an Illinois appellate court has held.

  • June 24, 2019

    MTA Can't Disqualify Attorney Who Confronted Transit Official

    An attorney who confronted a New York transit official at a town hall while working a personal injury case involving the agency will not be disqualified because he didn't discuss specific details about the case, a New York magistrate judge has ruled.

  • June 24, 2019

    High Court Says 'Blue Water' Vet Case No Longer Necessary

    The U.S. Supreme Court on Monday ruled it no longer needed to consider a previously granted case over benefits for "blue water" Navy veterans exposed to toxic chemicals during the Vietnam War, after recent actions by the Federal Circuit and Congress supporting veterans' long-fought bid for benefits.

  • June 24, 2019

    Justices Reject Punitive Damages Bid In Seaman Injury Suit

    The U.S. Supreme Court resolved a circuit split on Monday, ruling that an injured merchant seaman can't seek punitive damages based on the common-law maritime claim of unseaworthiness.

  • June 21, 2019

    Ga. Court Sides With Sperm Bank In Sham-Donor Suit

    A Georgia state appeals court on Friday affirmed the partial dismissal of a suit accusing a sperm bank of selling a couple sperm without disclosing the donor’s schizophrenia diagnosis, saying the bulk of the allegations are essentially “wrongful birth” claims not recognized in Georgia.

  • June 21, 2019

    Nantucket Ferry Co. Can't Sink $225K Injury Verdict

    A Massachusetts federal judge on Thursday rejected a Cape Cod ferry operator's bid to overturn a jury's finding that its negligence was to blame for a ferry passenger having her fingers nearly severed when a restroom door closed on them.

  • June 21, 2019

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

    The Kansas Supreme Court’s overturning of state caps on certain personal injury damages and an $11.2 million auto injury settlement in Illinois lead Law360’s Tort Report this week, an occasional feature that compiles recent personal injury and medical malpractice news items that may have flown under the radar.

  • June 21, 2019

    Podhurst Wins Atty Fees Dispute In NFL Concussion MDL

    A Pennsylvania federal magistrate judge has recommended that Podhurst Orseck PA receive 20% of a former NFL player's settlement award in multidistrict litigation over concussion injuries related to play on the field, rejecting the player's contention that he did not hire the firm to individually represent him.

  • June 21, 2019

    King & Spalding Snags Troutman Sanders Enviro Atty

    King & Spalding LLP has hired a former Troutman Sanders LLP attorney who focuses on environmental litigation matters as a partner in the firm's Atlanta office.

  • June 20, 2019

    Six Flags Accused Of 'Judicial Manipulation' In Injury Suit

    A New Jersey physician called on a federal court Thursday to send back to state court his Six Flags roller coaster injury suit, accusing the Jackson, New Jersey, amusement park of “judicial manipulation” by claiming to not be a Garden State citizen after allegedly stating otherwise in another case.

  • June 20, 2019

    Res Judicata Can't Keep Down Med Mal Suit, Ill. Justices Say

    The Illinois Supreme Court on Thursday revived a refiled suit accusing a hospital of causing a patient's infection death following surgery, saying a legal doctrine barring relitigation of claims already adjudicated didn't apply because certain dismissal orders in the case were not final.

  • June 20, 2019

    Crane Co. Can't Secure Coverage Of $3.8M Injury Suit Costs

    Maxim Crane Works LP cannot force a foundation subcontractor’s insurer to cover over $3.8 million it spent defending and settling a suit brought by a construction superintendent whose leg was amputated after being crushed in an accident, a Texas federal judge ruled Wednesday, finding that a state anti-indemnity statute forecloses coverage.

  • June 20, 2019

    Insurer Sues Tire Co. Over Ford Truck Rollover

    An insurer and the estate of a deceased construction worker say a Korean tire company is to blame for an accident in which a tire came off a Ford F-250, killing one worker and injuring two, according to a pair of suits filed in South Dakota federal court.

  • June 20, 2019

    Teammate Charged In Opioid Death Of Rice Football Star

    Texas federal prosecutors have indicted a former Rice University football player for possessing and distributing a powerful opioid to a teammate who died of an overdose in March 2018. 

  • June 19, 2019

    Jury Convicts NXIVM Sex Cult Leader On All Counts

    A New York federal jury on Wednesday convicted the founder of the NXIVM sex cult, whose members included a "Smallville" actress and a Seagram heiress, of all seven counts he was facing, including racketeering and sex trafficking, prosecutors said.

  • June 19, 2019

    Drugged Driver Not Covered By Excess Policy, Ill. Panel Says

    An Illinois state appeals court ruled that an insurer doesn’t have to cover a rental car driver who killed a man while under the influence of drugs, reversing a lower court’s ruling that an intoxication exclusion from excess insurance policies is unenforceable as a matter of public policy.

  • June 19, 2019

    McDonald's 'Gotcha' Tactics Backfire In Ind. Child Injury Suit

    An Indiana appellate court on Wednesday revived a suit accusing McDonald's of partly causing a 10-year-old child to suffer injuries after he fell from a broken stool, saying the fast-food giant's "gotcha" litigation tactics do not warrant a dismissal of claims.

  • June 19, 2019

    2nd Judge Bows Out Of Plane Crash Suit

    A second Mississippi federal judge has recused herself from an insurance dispute stemming from the crash of a private plane, reassigning the case to two judges based in another federal court in the state, after previously determining in a related case that all the judges in the district personally know relatives of the parties.

  • June 19, 2019

    2nd Circ. Lets Utility Off Hook For MTA's Injury Suit Legal Bill

    The Second Circuit said Wednesday that a utilities company doesn't need to repay Metro-North and the Metropolitan Transportation Authority for legal fees they incurred battling a Connecticut couple's suit blaming them for the husband's electrical burns and resultant partial leg amputations.

  • June 19, 2019

    Evenly Split Pa. Justices Affirm Axing Triathlon Death Suit

    An evenly divided Pennsylvania Supreme Court has upheld a decision that a liability waiver inked by a man who died while participating in the Philadelphia Triathlon prevented his widow from pursuing wrongful death claims against the event’s organizers.

  • June 19, 2019

    Doc Preserves Trial Win Over Failed Cancer Diagnosis Claims

    A North Carolina appeals court said Tuesday that a doctor was rightly freed from fraud claims in a trial over the failure to diagnose a man's leukemia, saying there was a complete lack of evidence for those claims.

Expert Analysis

  • New Scrutiny For NDAs In Sexual Harassment Matters

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    Recent government scrutiny of nondisclosure agreements related to allegations of sexual harassment and misconduct against Steve Wynn and Harvey Weinstein raises the question of whether some uses of NDAs could amount to obstruction of justice or a violation of lawyers' ethical obligations, say attorneys at Cleary.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • NC Ruling Illustrates Gov't Immunity's Evolving Landscape

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    A recent decision by the Supreme Court of North Carolina demonstrates the potential threats local governments face as they take on urban revitalization and how standards for governmental immunity continue to evolve, says Dylan Castellino at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Perspectives

    Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • A Cautionary Word For Providers Of Drug Addiction Treatment

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    With the national opioid crisis outpacing the historically small addiction treatment industry, economic growth is drawing an influx of providers that are unscrupulous or inexperienced, and increased enforcement activity is following close behind, says Renee Martin of Dilworth Paxson.

  • Revived Sex Abuse Claims Raise Insurance Coverage Issues

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    Legislatures across the U.S. are passing laws that reopen the statute of limitations for survivors of childhood sexual abuse, which inevitably leads to an avalanche of claims triggering disputes over the “per occurrence” limits in multiyear insurance policies, say attorneys at Blank Rome.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.