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Personal Injury Updates

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

Roadside Workers at Risk

by Howard Ankin on

U.S. roadside workers are exposed to hazardous workplace conditions that put them at high risk of serious injury and death. Each year, thousands of roadside workers are injured or killed while performing their jobs....more

Raging Wildfires in Southern California and Increased Auto Accidents

With the ongoing fires in Southern California, many drivers are — understandably — extra tense. This means that road rage, distracted driving, and auto accidents can increase, as drivers are focusing on matters other than the...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

Note to Experts: Do Not Cruelly Disparage Your Client’s Decedent, Curse Out Your Judge, and Flout the Court’s Orders, or You May...

by Reed Smith on

Those of us who practice in the mass tort space spend vast portions of our professional lives dealing with our opponents’ experts. In our minds, we seek only to enforce the dictates of the Federal Rules and of the United...more

Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

Plaintiff Awarded $27.8 Million in First Xarelto Pennsylvania State Trial

On Tuesday, a jury entered a verdict of $27.8 million against Johnson & Johnson’s Janssen Pharmaceuticals, Inc. and Bayer AG’s Bayer Pharmaceuticals Inc. in the first state court trial out of the Philadelphia County Court of...more

Trampling on Fundamental Freedoms — Ending Net Neutrality

The issue of net neutrality discouragingly has devolved into death threats. A 28-year-old man faces criminal charges for allegedly saying he will kill Rep. John Katko if the New York Republican supports the Federal...more

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

by Carlton Fields on

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis. ...more

Whiplash Accident Victims: Do Not Ignore Your Injury

When many people hear the term “whiplash”, they think fake injury. However, this could not be further from the truth. Whiplash injuries can leave long-lasting side effects, causing pain and discomfort for weeks, months, or,...more

Eleventh Circuit Affirms Preemption of HRT Complaint

by Reed Smith on

Today, December 1, 2017, is the birthday of Gilbert O’Sullivan, who scored a hit back in 1972 with “Alone Again, Naturally,” the saddest song we can think of this side of Albinoni’s Adagio. That is fitting, given our...more

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

Drivers Beware: A Seemingly Safe And Legal Driving Maneuver Could Come With Potentially Life-Changing Hazards

by Fraser Trebilcock on

For more than 30 years, Fraser Trebilcock attorney Gary Rogers has handled automobile negligence litigation. Recently, he has litigated a number of claims arising out of what you might think would be a rather safe driving...more

Avoiding legal hangovers

by McAfee & Taft on

‘Tis the season … for office holiday parties. They are great for employee morale. They can also give rise to legal hangovers that can extend far beyond the holiday season. Originally published in The Journal Record -...more

OSHA Delays Electronic Reporting to December 15th

by Hinshaw & Culbertson LLP on

In the ongoing series of updates on the status of OSHA's electronic reporting, we have another development. On November 24, 2017, OSHA announced that it would delay the initial compliance deadline for the electronic...more

Insurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury...

On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more

The Tragic Consequences of Lead Exposure

by Howard Ankin on

Lead exposure has toxic effects on many parts of the body and contributes to serious health problems. Prolonged exposure often leads to permanent injuries, disabilities, and even death....more

Work Zone Accidents in Woodland Hills

Did you know that each year an estimated 100,000 work zone auto accident take place in the United States? And with the amount of construction going on around Woodland Hills, including near the Warner Center, drivers need to...more

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

by Butler Snow LLP on

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Supreme Court of Canada holds banks liable in fraud scheme

by Dentons on

In a recent Supreme Court of Canada (SCC) decision, the SCC reinforced its position regarding the allocation of liability in cases involving fraudulent cheque schemes. In a narrow 5-4 decision, the majority held that...more

Long-Time Reinsurance Attorney Ruled Not Qualified To Arbitrate 9/11 World Trade Center Reinsurance Dispute

by Carlton Fields on

An attorney with “considerably more than ten years’ experience of insurance and reinsurance law” has been deemed unqualified to arbitrate a reinsurance dispute stemming from the September 11, 2001 terrorist attack on the...more

The Dead Man's Act - Staying Alive And Well

by SmithAmundsen LLC on

Numerous states have enacted statues (commonly known as the Dead Man’s Act 735 ILCS 5/8-201 in Illinois) aimed to remove temptations of a survivor to testify regarding matters that cannot be rebutted because of the death of...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Can Victims of Drunk Driving Accidents Receive Compensation for Their Injuries?

The State of California can hold drunk drivers criminally responsible for the actions, but can victims or their surviving family members be compensated in civil court because of the accident? The answer is a resounding yes....more

Defence & Indemnity - October 2017: IV. PRACTICE ISSUES B.

by Field Law on

IV. PRACTICE ISSUES - B. The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper...more

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