ABA Journal

Injury & Accident Law

1325 ABA Journal Injury & Accident Law articles.

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.

The dangers of digital things: Self-driving cars steer proposed laws on robotics and automation

Increased reliance on robotics, artificial intelligence and automation tests whether laws and regulations designed to protect those humans are sufficient or whether new laws are necessary.

Illinois Supreme Court removes judge from a second case after alleged ‘rolling inquisition’

The Illinois Supreme Court has removed a Chicago judge from a case after a lawyer alleged the judge had engaged in a two-year “rolling inquisition” in a desperate bid “to…

Suit claims hot tea spill at Starbucks drive-thru burned woman and killed her dog

A Colorado woman has filed a lawsuit claiming that a hot tea spill at a Starbucks drive-thru in Denver severely burned her and killed her dog.

Deanna Salas-Solano asserts in…

First responders sue chemical plant owners for failing to warn of dangers from fire

A group of seven first responders have filed a lawsuit against the owner of the Arkema chemical plant in Crosby, Texas, for alleged negligence and failure to warn about the…

Tort suits in state courts are ‘down sharply’ as contract claims grow

The conventional wisdom that state courts are awash in tort lawsuits is wrong.

Tort lawsuits are “down sharply,” raising concerns among some judges that Americans no longer see the courts as a way to achieve justice in garden-variety civil cases, the Wall Street Journal (sub. req.) reports.

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