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Personal Injury Updates

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

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

Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

Mistake #1 about Michigan No Fault replacement services

by Michigan Auto Law on

Be warned — submitting false replacement services forms will forfeit a car crash victim from receiving Michigan auto No Fault benefits. I’ve represented several hundred Michigan car crash victims in my 22 years as an auto...more

Personal Jurisdiction Defense Gaining Traction in Mass Tort Litigation

by Miles & Stockbridge P.C. on

For the past several years the United States Supreme Court has sought to clarify the proper exercise of specific personal jurisdiction over foreign corporate defendants. This issue is particularly applicable in mass tort...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

CA Supreme Court Limits Duty Owed to Visitors Using Offsite Parking Lots

by Selman Breitman LLP on

Businesses and other property owners owe a duty of care to individuals they invite onto their premises. If someone gets hurt on property that you own or control, you may be responsible for the injuries sustained. You...more

California Supreme Court Finds that Landowner has no Duty to Assist Visitors to Safely Cross a Public Street

Woodland Hills car accident lawyer Barry P. Goldberg closely monitors the California Court of Appeal and Supreme Court decisions on all aspects of personal injury, tort and insurance-related matters in order to provide...more

Michele Molinario and Justin Ackerman Obtain Summary Judgment On Roadway Design Case

On April 22, 2013, a traffic accident occurred at a rural Intersection in Yuma County, Arizona. The Intersection was equipped with STOP signs and flashing warning signs that controlled eastbound and westbound traffic along...more

Mistakes to Avoid After a Car Accident in Woodland Hills

Car accidents can cause major injuries, such as paralysis, broken bones, punctured organs, and traumatic brain injuries (TBI). More on the subject of brain injuries here. Additionally, car accidents can also cause soft tissue...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....more

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...more

United Medical Center’s woes deepen as ratings group rips DC-area hospitals

Even as District of Columbia officials struggle with deepening woes at the United Medical Center (UMC), advocates from a national, independent, and nonprofit group have offered a dim review of hospitals in the DC area....more

A Year-End Summary of Recent Railroad Preemption Cases

by Lane Powell PC on

Railroads have long defended certain state law tort claims in crossing accident and trespasser cases by invoking the doctrine of federal preemption. The past year is no exception. Although the discussion of the cases below is...more

The Challenges of Concussion Diagnosis, Prognosis and Treatment: The Most Complicated Disease of the Most Complex Organ of the...

by Downs Rachlin Martin PLLC on

A review published in the September 2017 issue of Frontiers in Neurology proposes use of “systems science” to better understand concussion diagnosis and prognosis. This is a discipline that analyzes complex problems as whole...more

Michigan House defeats Duggan-Leonard No Fault insurance plan on 63-45 vote

by Michigan Auto Law on

In wake of demise of Duggan-Leonard-Theis No Fault insurance plan, lawmakers must make realistic, conscientious strides to lower premiums, preserve benefits - Michigan needs a No Fault insurance plan that will lower car...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

Traffic Light Outages Causing Accidents.

Woodland Hills car accident lawyer Barry P. Goldberg is regularly consulted about auto accidents which occur at intersections where the lights went out, for some reason. While public entities, like Cities, are generally...more

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

GDPR Compliance: Think It Doesn’t Apply to You? Think Again: Insights from Nutter’s Seth Berman

Seth Berman, a partner in Nutter’s Litigation Department and a leader of the firm’s Privacy and Data Security practice group, addressed upcoming GDPR compliance standards in Nutter Insights. Seth discussed how broadly the...more

What To Do If You’ve Suffered a Brain Injury

One of the scarier types of injuries following an auto accident are traumatic brain injuries, or TBIs. A TBI is a form of brain injury caused by sudden damage to the brain. According to the CDC, the leading causes of TBI...more

Bad Faith – Another Angle

by Nexsen Pruet, PLLC on

In August 2011, Jeffrey Vanderhall was riding his bicycle when he was hit by a car and seriously injured. It is now six years, three courts and two bad faith attempts later... To describe the procedural history of this...more

Second Circuit Affirms Exclusion of Plaintiffs’ Experts – and Summary Judgment for Defendant – in Mirena MDL

by Reed Smith on

As we write this, our fair city remains in a blissful haze following our Eagles’ 33-10 rout of the 49’ers to go 7-1 in the NFC East, so it might be appropriate to call today’s opinion a “touchdown.” On the other hand, the...more

A Corporate Law Takeaway From Judge Nelson’s Ruling In The Talcum Powder Case

by Allen Matkins on

After a three week trial that included extensive expert testimony, a Los Angeles jury returned a $417 million verdict against Johnson & Johnson ($68 million non-economic and $340 million punitive damages) and its subsidiary...more

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