Injury & Accident Law

1285 ABA Journal Injury & Accident Law articles.

Dale Minami will receive this year’s ABA Medal for his civil rights work

“One of the things that I’m most proud of is having a minority firm survive for 44 years, and with a sense of values, sense of principles,” says personal injury lawyer Dale Minami. “Over the years, I think, on balance, we’ve been able both to do good and do well.” Minami will be presented with the ABA Medal, the ABA’s highest honor, at the 2019 annual meeting in San Francisco.

Cap on pain-and-suffering damages violates Kansas Constitution, state supreme court says

The Kansas Supreme Court ruled 4-2 Friday that a cap on noneconomic damages violates the right to a jury trial under the state constitution’s Bill of Rights.

The court…

Thomas dissent says SCOTUS should overrule decision protecting military from tort liability

U.S. Supreme Court Justices Clarence Thomas and Ruth Bader Ginsburg dissented Monday when the high court refused to hear the case of a man whose wife died at a naval…

Lawyer convicted of wife’s murder argues only he can represent her estate in wrongful death case

A former Atlanta lawyer convicted of felony murder in the fatal shooting of his wife is arguing that only he has the right to represent her estate—and that means a…

This is not your father’s firm; suit pits dad against son over right to use first and last name

A personal injury law firm in South Carolina founded by George Sink Sr. contends in a federal lawsuit that Sink’s son, George Sink Jr., has no right to use the…

Lawyer held in contempt for spending $390K in frozen funds spends 2 weekends per month in jail

A lawyer in Jackson, Mississippi, continues to spend two weekends per month in jail for contempt of court after he failed to persuade a judge to switch him to home…

Why toxic torts are hard to litigate and win

In movies such as Erin Brockovich and A Civil Action, lawyers investigate a serious environmental problem and then sweep a jury off its feet with the force of their evidence. Environmental litigators say a case actually can take years because of the Daubert standard, which governs whether an expert witness’s opinion is admissible in court.

7th Circuit tosses $3M verdict in suit blaming antidepressant labeling for BigLaw partner’s suicide
A federal appeals court has overturned a $3 million award to the widow of a Reed Smith partner who blamed antidepressant labeling for her husband’s suicide.
Law firms hire company to send ads to ER patients’ cellphones; is it a HIPAA violation?
Some personal injury law firms plan to use a technology called “geofencing” to send ads to cellphones of patients in emergency rooms, pain clinics and chiropractor offices.
‘Westworld’ story lines connect with real-world legal issues
A fictional theme park with a wild west theme is the setting for the HBO series Westworld, where guests pay to live out their fantasies. Those familiar with the darker side of the human condition won’t be surprised to learn that these fantasies often entail patrons killing as many of the amusement park hosts as they please.
Uber and Lyft end mandatory arbitration for sexual assault claims
Uber and Lyft have ended forced arbitration for sexual assault cases brought by passengers, drivers and employees.
14 women accusing drivers of sex assault ask Uber board to be released from arbitration
Fourteen women sent a letter to the Uber’s board of directors Thursday requesting to be released from the arbitration provision in their consumer agreement to allow them to pursue a class-action lawsuit alleging Uber’s inadequate driver screening procedures led to the sexual assault, rape, sexual harassment and gender-motivated violence they experienced at the hands of their drivers.
Medical device plaintiff sues her law firm, saying it coaxed her into unnecessary surgery

An Arkansas woman who contends she was scared into surgery to remove vaginal mesh to bolster her position in litigation has filed a lawsuit against her former law firm and…

Law firms and doctors aided fraudulent claimants in $1B concussion settlement, NFL alleges
The NFL claims in a motion filed Friday that a special investigator should be appointed to stop the “widespread fraud” in claims filed under the $1 billion concussion settlement.
Bedbug resurgence launches new legal specialty

Legal observers say the growth of bedbug lawyers and climbing verdicts fit the pattern of novel personal injury specialties that can become overrun—like mold law a decade ago and the recent proliferation of ride-share injury attorneys.

Bedbug attacks are indeed a small tort practice, but the cases have struck a chord with juries.

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