Injury & Accident Law

Colo. Lawyer Told to Pay Client $145K; a ‘Big Victory,’ He Says

A Colorado personal injury lawyer who was ordered by a jury to pay a former client $145,000 says the verdict represents a “big victory” for him, because the plaintiff was seeking much more. However, the former client, Shawna Jimenez, 40, says she is happy with the award against attorney Franklin…

May 7, 2008 10:36 PM CDT

NY Lawyer Loses Lawsuit Over Stabbing of His Baby

A divided appeals court has ruled that a New York lawyer and his wife cannot proceed with a lawsuit over the stabbing of their then-10-month-old baby by a resident of a supportive living facility in Washington Heights. There wasn’t sufficient evidence pled in the complaint to establish that the operator…

May 7, 2008 5:05 PM CDT

Report Slams Tactics by Plaintiffs Lawyers in Asbestos Cases

A report released today by the Manhattan Institute’s Center for Legal Policy takes aim at a “business model” in asbestos cases that relies on “flimsy medical diagnoses” and seeks to overwhelm defendants and courts with mass claims. “An epidemic of lawsuits, many riddled with fraudulent allegations, has distorted our economy…

May 7, 2008 1:37 PM CDT

Judge Refuses to Sanction JetBlue for Destroying Document

A magistrate judge in New York has refused to impose a sanction on JetBlue for destroying a document in a passenger’s lawsuit against the airline for failing to protect her from another passenger. Magistrate Judge Cheryl Pollak said the plaintiff had failed to show she was prejudiced by the destruction…

May 6, 2008 1:05 PM CDT

Worse than Prison Inmate Medical Care: Detained Immigrants’ Medical Care

News media throughout the country have focused in recent years on the issue of substandard health care for prison inmates. Some 65 deaths annually in California, for instance, reportedly could be prevented by better medical treatment. But the situation is apparently even worse for individuals held as illegal immigrants, who…

May 5, 2008 10:08 PM CDT

Rude Awakening

Sleepy Student Sues Ticked-Off Teacher Whose Hard Desk Slap Interfered with His Nap

May 1, 2008 1:00 PM CDT

Appeals Court Upholds Port Authority Liability in Trade Center Attack

A New York appeals court has upheld a verdict finding the Port Authority of New York and New Jersey was responsible for the 1993 bombing of the World Trade Center. The jury found the authority had not properly protected the garage where the bomb exploded, the Associated Press reports. Jurors…

Apr 30, 2008 10:44 AM CDT

Stolen Human Egg Cases Revived; News Coverage Didn’t Notify Plaintiffs

A California state appeals court has revived tort claims by eight fertility clinic patients against the university hospital where doctors reportedly implanted eggs stolen from unsuspecting women into other infertile patients. Although the University of California at Irvine promised to notify those affected, once the scandal broke, it never did…

Apr 24, 2008 8:36 PM CDT

Did Courthouse Mold Cause Fla. Federal Judge’s Death?

An attorney for the family of a Florida federal magistrate who died several years ago of a lung ailment says an environmental study report they have received documents a substantial mold problem at Miami’s historic David W. Dyer courthouse. Working there may have caused U.S. Magistrate Theodore Klein, who previously…

Apr 23, 2008 11:08 PM CDT

Are BlackBerry Overtime Suits Coming?

Lawyers love and love to hate their BlackBerrys. So any ABAJournal.com post on the topic usually spurs debate. But the Wall Street Journal Law Blog, referencing a recent National Law Journal story, asks whether the ubiquitous devices will fuel labor and employment litigation. The speculation is that litigation could be…

Apr 22, 2008 4:21 PM CDT

Ex-EPA Chief Not Liable for Clean Air Assurances After 9/11

The 2nd U.S. Circuit Court of Appeals has ruled today that former EPA head Christine Todd Whitman cannot be held liable for saying that the air near the collapsed World Trade Center site was safe to breathe after the 9/11 attacks. Whitman made the reassuring remarks after getting conflicting information…

Apr 22, 2008 4:02 PM CDT

Lawyer Couple Awarded $218M in Fees for Decertified Tobacco Class Action

A husband and wife legal team have been awarded $218 million in fees for helping lay the groundwork for Florida tobacco litigation even though their class action suit was later decertified. Stanley and Susan Rosenblatt were awarded the fees yesterday for work on a case that initially resulted in a…

Apr 16, 2008 12:55 PM CDT

Merck Ghostwriters Behind Favorable Vioxx Articles

Documents unearthed in lawsuits against the painkiller Vioxx show the drug’s maker, Merck, wrote article drafts about the drug’s performance but found outside physicians to be listed as authors. Two studies published today in the Journal of the American Medical Association show the company apparently manipulated dozens of publications to…

Apr 16, 2008 11:52 AM CDT

Judge Plans Suit for Courthouse Fall on Wet Floor

A Brooklyn judge is planning to file a $1 million injury suit against the city after falling on a freshly mopped floor at the courthouse. Judge Jack Battaglia claims he fractured his knee and now has difficulty walking because of the accident, the New York Daily News reports. His notice…

Apr 15, 2008 3:54 PM CDT

Titanic Sank Due to Bad Rivets, Book Says

It’s too late to make the case for extra damages for some 1,500 people who died when the Titantic sank 96 years ago, just before midnight on April 14, 1912. But a scientific investigative team reports in a new book that they know why the ship sank so disastrously, after…

Apr 14, 2008 11:15 PM CDT