News & Analysis as of

Personal Injury Updates

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

Awful Missouri Venue and Warnings Opinion Affirmed—But Maybe Some Hope

by Reed Smith on

Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court’s split opinion on venue in Barron v. Abbott Laboratories, Inc., No. SC 96151, 2017...more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

by Pessin Katz Law, P.A. on

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain...more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

by Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Hurricane Irma Damage — Stress and hard work are in front of us

We are all tired of hearing about Hurricane Irma, but I am afraid we have only just begun. I worked for the insurance industry, adjusting a variety of claims, for over 16 years and handled thousands of property damage...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

UK Defamation: when words seriously harm

by Hogan Lovells on

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the...more

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

A Year Into the Elder Justice Task Force: Is Your Community a Target?

by Baker Ober Health Law on

On March 30, 2016, the Department of Justice issued a press release announcing its launch of ten Elder Justice Task Forces in the Northern District of California, Northern District of Georgia, District of Kansas, Western...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Open and Obvious Dangers; New Evidence Submitted in Reply Briefs

by Low, Ball & Lynch on

Jacques Jacobs, et al. v. Coldwell Banker Residential Brokerage Company - Court of Appeal, Second District (July 25, 2017) - Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed for sale a vacant,...more

Was a Florida Nursing Home Tragedy Avoidable?

Too many patients and not enough nurses, CNA’s or other care givers to properly treat them. Patients crying for assistance from too few staff. Tragically, patients die or are critically ill because someone wanted to...more

You Should Know - September 2017

Road Safety Tips for Teen Drivers Heading Back to School - Labor Day weekend is over and summer is in the rearview mirror. New backpacks are crammed full of the tools of learning: laptops, books, pens, pencils, notebooks...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Can you sue a Health Care Facility for “Non-Medical” Negligence?

Woodland Hills personal injury attorney Barry P. Goldberg is asked this question with great frequency— what happens when you are injured at a health care facility? It is not uncommon for patients to fall while at the...more

Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law

In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment....more

I Tried the Case and Won (Twice) - So What Did I Do Wrong?

by Sands Anderson PC on

In the spring of 2014 I tried a case to a jury in one of the circuit courts in the Richmond, VA metropolitan area. I represented a truck driver and his corporate entity in a lawsuit that had been filed against him by a young...more

What to Do if You Slip and Fall in a Woodland Hills Grocery Store

A slip and fall injury, or trip and fall, is a premises liability claim, a type of personal injury claim the injured person slips, trips, or falls as a result of a dangerous or hazardous condition on a third party’s property....more

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

3 Things Steps to Take if You Have Whiplash from a Car Accident

One of the most common injuries following a Woodland Hills car accident is whiplash. Whiplash may sound rather harmless, and many people try to brush it off as a ‘fake’ injury, but the truth is that whiplash can cause serious...more

Better Healthcare Newsletter from Patrick Malone - September 2017

Deflating the hype and exposing the risks of stem-cell treatments - Stem cells and regenerative medicine—a promising and complex field that has been a preoccupation of no less than popes, presidents, and top health policy...more

Detroit News gets facts wrong on No-Fault car insurance reform

by Michigan Auto Law on

Detroit News editorial on reforming No-Fault law makes up facts, avoids reality of how No-Fault system works - The Detroit News at least got the title of its Tuesday editorial correct when it said, “Make auto insurance...more

Distracted Driving Increases Number of California Car Accidents

California is cracking down on distracted driving, especially in the form of texting and driving. If you are behind the wheel in California, you are now no longer able to hold your cell phone in your hand for any reason. This...more

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