Lyon v. Riverside Methodist Hospital, (10th Dist.), 2025-Ohio-2991 -Following the 8th District Court of Appeals’ ruling in Paganini v. Cataract Eye Center of Cleveland earlier this year, the 10th District has likewise ruled...more
Through a statute enacted over a decade ago, North Carolina law limits medical-malpractice defendants’ liability for noneconomic damages (such as pain and suffering) to a statutory maximum. The limit applies unless the...more
If you get injured in a California accident, one early question that will come to mind is how much your case might be worth. Every claim is unique, but lawyers follow a structured approach when determining the possible case...more
You’ve probably heard the term “emotional distress” connected with lawsuits in personal injury cases. It is one of the factors that injury victims often receive compensation for. ...more
Being involved in a serious car accident can take a significant toll on your mental health. While accident victims often focus on the physical and financial consequences of their injuries, the mental health consequences can...more
Ohio’s most recent challenge to the medical malpractice damages caps has found footing in the Tenth District Court of Appeals. In a unanimous decision, the Court held that Revised Code 2323.43, Ohio’s statute capping...more
The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more
Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable...more
Collisions involving commercial trucks are among the most devastating vehicle crashes on New Jersey roads. When a tractor-trailer collides with a much smaller passenger vehicle, the results are often catastrophic. You may...more
Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more
The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more
Car accidents are a common occurrence in California. If you or a loved one has been injured in a car accident, you may be wondering how much you can expect to receive in a potential car accident settlement. The average car...more
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more
Washington State courts are steadily opening the door for pet owners to seek non-economic damages, such as emotional distress, for injuries to their pets. In the past, Washington courts have allowed emotional distress damages...more
The year 2024 comes with new laws that impact the practice of personal injury law in California. The legislature enacted traffic laws to establish new standards of care at crosswalks and intersections. With these measures,...more
Is a beloved family cat a pet or a fur baby? Is a man who dresses his labradoodle in hand-knit booties a dog owner, or a pet parent? Increasingly, the language applied to animal companions has shifted from a property-based...more
Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect...more
On the virtual pages of this blog, I’ve long been a proponent of the idea of treating audiences for legal persuasion as active, not passive. What I mean by that is that they’re not just receptacles for your arguments, they...more
“Everything’s Bigger in Texas.” That has certainly been true of personal injury and wrongful death verdicts in recent years. But for how much longer? The Supreme Court of Texas recently issued a ruling that may limit the...more
A more than $15 million award for noneconomic damages in a wrongful death suit prompted the Texas Supreme Court’s recent plurality opinion in Gregory v. Chohan, __ S.W.3d __, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)....more
The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). The court of appeals...more
The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more
On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more
In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more
What is considered medical malpractice? Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care...more