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Personal Injury Updates

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 22, 2013

Audet & Partners, LLP

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

Phillips Law Offices

What You Need to Know About Nursing Home Care

by Phillips Law Offices on 5/22/2013

Family caregivers are sometimes forced to admit that they can no longer provide the level of care at home that an elderly loved one requires. They face a difficult decision to move the person in their care to a nursing home...more

Timothy Durken

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

by Timothy Durken on 5/22/2013

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

Law Offices of Robert Olkowitz, P.C.

Types Of Automotive Defects

by Law Offices of Robert Olkowitz, P.C. on 5/22/2013

Auto accidents happen for a variety reasons, including speeding, tailgating, driver distraction and reckless driving. Yet what you might not realize is that car accidents are sometimes caused by vehicle manufacturers....more

Lawyers.com

Family Sues Hospital for Violating Do Not Resuscitate Order

by Aaron Kase | Lawyers.com on 5/21/2013

All too often, families have to bring lawsuits against hospitals that let their loved ones die through malpractice or neglect....more

Davis Wright Tremaine LLP

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Richard Birmingham | Davis Wright Tremaine LLP on 5/21/2013

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Law Office of Paul B. Genet

What If I Can’t Afford A Lawyer?

by Law Office of Paul B. Genet on 5/21/2013

After an accident, money may be tight. You may be out of work and facing a mountain of medical bills....more

Cronin, Fried, Sekiya, Kekina & Fairbanks

Kauai Dam Breach Tragedy Still Unresolved

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/21/2013

The Hawaii Reporter recently reported that the Kauai Dam Breach case is still unresolved. The dam breach was the result of illegal grading, which, one decade later, led to a breach that left seven people dead. ...more

Thorsnes Bartolotta McGuire LLP

Is Your Construction Site Title 8 Compliant?

by Thorsnes Bartolotta McGuire LLP on 5/21/2013

Construction provides many needed jobs in California and across the United States. Some economists view the level of construction as a key indicator of a vigorous state and national economy. So it’s important for the...more

Johnston, Moore & Thompson, Huntsville...

An Auto Accident In Alabama Leaves 4 People Injured

by Johnston, Moore & Thompson, Huntsville... on 5/21/2013

Automobile accidents occur each and every day in Alabama and throughout the nation. When an auto accident does happen, sympathy and remorse are typically felt for those involved, especially when children and pregnant women...more

Ervin Cohen & Jessup LLP

Today’s Take: Don’t Mess With Elders

by Rodney Lee | Ervin Cohen & Jessup LLP on 5/21/2013

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

Sedgwick LLP

There is No Coverage for Fighting in Alaska, Seriously

by Smita Mokshagundam | Sedgwick LLP on 5/20/2013

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

Samster, Konkel & Safran, S.C.

Injuries Due To Slips, Trips And Falls

by Samster, Konkel & Safran, S.C. on 5/20/2013

According to the National Floor Safety Institute, more than one million people go to the emergency room each year due to slip and fall accidents....more

Law Office of Paul B. Genet

Riding ATVs Can Result In Injury, Death And Civil Liability

by Law Office of Paul B. Genet on 5/20/2013

Unfortunately, all-terrain vehicle (ATV) accidents are more common than you think. When a 13-year-old Florida resident went for a ride on a friend’s ATV, she crashed into a tree and later died. ...more

King & Spalding

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Pavlack Law, LLC

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

Foley Hoag LLP - Environmental Law

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/17/2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

Demas Law Group

California Leads Country in Number and Amount of Dog Bite Insurance Claims in 2012

by Demas Law Group on 5/17/2013

Much has been made recently regarding the reaction of the insurance industry to the high number of claims being filed in response to dog bite attacks. Some insurance companies are limiting the types of breeds that they will...more

Law Offices of Cohn & Smith, P.A.

Fractured Hip Injuries in Slip and Fall Accidents: Why the Elderly are at Risk

by Law Offices of Cohn & Smith, P.A. on 5/17/2013

There are many injuries that can occur in a slip and fall accident. One of the most feared and serious of these injuries is a fractured hip. Unfortunately, according to the Centers for Disease Control and Prevention a broken...more

Hoffman DiMuzio

Can I Report My Company For Failure to Carry Workers Comp Insurance?

by Hoffman DiMuzio on 5/17/2013

You have discovered that your employer is not living up to its legal obligation to carry workers’ compensation insurance. Can you report them? Are there penalties they will face? Can you report your company anonymously?...more

The Rothenberg Law Firm LLP

Robotic Surgical Machines: Safe or Deadly?

by The Rothenberg Law Firm LLP on 5/17/2013

Imagine your doctor recommends routine spleen removal surgery. When discussing your surgical options, the doctor tells you about da Vinci® - an increasingly used surgical robot. The doctor raves about the safety,...more

Johnston, Moore & Thompson, Huntsville...

Alabama Workers' Compensation Applies In Construction Zone Crash?

by Johnston, Moore & Thompson, Huntsville... on 5/17/2013

Construction zone accidents in Alabama happen more frequently than many people may believe. When a worker is injured or killed in one of these collisions, workers' compensation insurance benefits typically apply....more

Gelman Gelman Wiskow & McCarthy LLC

How Prescription Errors Occur

by Gelman Gelman Wiskow & McCarthy LLC on 5/17/2013

Doctors prescribe medicine to help keep us healthy. However, a mistake that leads to the wrong medicine being taken can cause serious injury or death. Unfortunately, these types of errors are not uncommon....more

Law Offices of Robert Olkowitz, P.C.

Most Dangerous Breeds Of Dogs

by Law Offices of Robert Olkowitz, P.C. on 5/16/2013

Dog attacks can be terrifying. In addition, depending on the size of the dog and the age of the victim, they can be fatal....more

Audet & Partners, LLP

Mirena IUD Lawsuit Judge Considers Request for Liaison Counsel

by Audet & Partners, LLP on 5/16/2013

Plaintiffs suing Bayer Corporation, the manufacturer of the Mirena IUD, are now seeking to appoint attorneys to represent the group as liaison and lead counsel. In a letter dated April 30, 2013 to Judge Cathy Seibel of the...more

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