ABA Journal

Injury & Accident Law

1333 ABA Journal Injury & Accident Law articles.

Did 1 contract clause cause Proskauer client’s $636M loss? Judge refuses to toss malpractice suit

A Massachusetts judge has refused to toss a $636 million malpractice lawsuit contending that a botched contract drafted by Proskauer Rose caused its client’s loss of a minority interest in a hedge fund.

Judge sanctions lawyer for ‘obnoxious’ and ‘appalling’ deposition conduct

A personal injury lawyer will be sanctioned for his deposition conduct after calling the opposing counsel “corporate shills” who “live in an alternate reality," a federal judge ruled from the bench last week.

Lawyers suspended for copying client data, unilaterally notifying clients about new firm

Two Florida associates who hoped to take their clients with them when they left their personal injury law firm have been suspended from law practice for violating bar rules during that process.

STD contracted during car sex isn’t covered by GEICO auto policy, federal judge rules

A federal judge in the Western District of Missouri has ruled for GEICO in a lawsuit seeking a declaratory judgment that its auto policy doesn’t cover damages for a sexually transmitted disease contracted during car sex.

Restaurant had no liability for death of patron who was overserved, challenged to drive in bet, state supreme court says

The Oklahoma Supreme Court has ruled that a restaurant in Weatherford, Oklahoma, was not liable for the death of a patron in a lawsuit claiming that he was served 12 beers and five tequila shots before getting behind the wheel of his car in an attempt to collect on a bet.

GEICO gets chance to fight $5.2M award for STD contracted in insured car

The GEICO General Insurance Co. should have been given a chance to intervene before a trial judge confirmed a $5.2 million arbitration award to a woman who contracted a sexually transmitted disease during car sex, the Missouri Supreme Court has ruled.

Lawyer fatally shot by client died a hero, law firm partner says

Updated: A North Carolina personal injury lawyer who was shot and killed by a client Monday died while trying to save others, the managing partner of his law firm says.

Lawyer is convicted in staged slip-and-fall scheme that involved unnecessary surgeries

A New York lawyer was convicted Friday in a scheme to recruit people to participate in staged slip-and-fall accidents and then to undergo unnecessary surgeries to increase the value of their claims.

Laws are needed to prevent crowd crush disasters like Astroworld, expert says

Astroworld 2021 was one of the deadliest concerts in U.S. history. In all, 10 people in the audience died from injuries they sustained in the pressure-packed crowd that night. The youngest was a 9-year-old boy. According to the Harris County Institute of Forensic Sciences, they all died from compression asphyxia when the pressure of the crowd against their chests prevented them from breathing.

Supreme Court should decide Camp LeJeune case and fix Feres doctrine ‘chaos,’ Thomas argues

U.S. Supreme Court Justice Clarence Thomas argued Monday that the Supreme Court should have decided an appeal filed by the widow of a service member who died from leukemia after his alleged exposure to toxins and contaminated water at Camp LeJeune.

Mighty Big Fight: Tech company that services PI lawyers sets up law firm to compete with them

Since 2018, Mighty has provided personal injury lien management software to attorney financiers and medical providers. In 2020, it began offering the same tech to lawyers and law firms.

Lawyer pleads guilty in staged accident scheme; victims underwent unnecessary surgery

A New York lawyer has pleaded guilty to wire fraud for participating in a scheme involving phony trip-and-fall accidents and fraudulent lawsuits.

How do you calculate damages in injury trials? Longtime expert witness reveals methodology

Estimating what the future would have looked like if an accident had never occurred can seem more like a thought experiment than a scientific process. But there’s a science behind it, says Michael Shahnasarian.

How lawyers can unlock the potential of the metaverse

The metaverse is all the rage these days. Users can enter a virtual world where they can interact with people from all parts of the physical world, play games, engage in commerce and do a lot of other things. Some law firms have also seen the potential.

Lawyer is still entitled to disability benefits for depression linked to law practice, 6th Circuit rules

A former Traverse City, Michigan, personal injury lawyer is entitled to continued monthly payments under his disability insurance policy because of evidence that his recurrent depression makes him unable to work as a trial attorney, a federal appeals court has ruled.

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