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Big verdicts, analysis of important decisions and trends
By Aleeza Furman | April 25, 2024
The defendant claimed that the case "hinges on a fundamental constitutional issue that has implications far beyond the professional liability context: whether a trial court can prioritize run-of-the-mill, non-constitutional scheduling concerns over a litigant's constitutional right to freely exercise his religious beliefs."
4 minute read
By The Legal Intelligencer | April 23, 2024
In The Legal's Medical Malpractice special section, read about how to mitigate risks in the emergency room, the stigma of medical malpractice cases that stem from suicide, and the role appellate mediators can have in an era of nuclear verdicts.
2 minute read
By Mark W. Tanner and Bethany R. Nikitenko | April 22, 2024
When a potential client comes to you with a wrongful death medical malpractice case arising from suicide, we encourage you to dispense the myths and remove the stigma, and to evaluate the case with the same analysis as any other medical malpractice case.
10 minute read
By Luke T. Weber | April 22, 2024
What happens when the law changes and the standard charge is wrong? Since 2021, Pennsylvania Suggested Standard Civil Jury Instruction Number 14.90 "Informed Consent-Nondisclosure" has been in direct conflict with Pennsylvania law.
8 minute read
By Michael Brophy | April 22, 2024
With the value of stare decisis now open to question, and the potential of significant personal injury matters now unpredictable at best, the value of informed decision-making facilitated by experienced appellate mediators has become increasingly self-evident. It is an alternative to the expense, duration and uncertainty of appellate decisions well worth consideration.
8 minute read
By Emily Saul | April 19, 2024
The Appellate Division, First Department on Thursday remitted negligence claims over destroyed embryos to the trial court, but upheld the dismissal of medical malpractice claims.
3 minute read
By Emily Cousins | April 17, 2024
"Every other piece of evidence in the case was through that classroom lens, if you will, which I think was very beneficial," plaintiff counsel Michael Kennedy said.
4 minute read
By Aleeza Furman | April 17, 2024
Ross Feller Casey founding partner Matt Casey said his firm took on the case after the first attorney the injured child's family contacted turned it down.
4 minute read
By Colleen Murphy | April 12, 2024
"There was no explanation on eCourts as to why the return date for defendant's motion was changed from April 1, 2022 to March 18, 2022," the opinion said. "Because of these procedural infirmities, we assume the court was presented with the unopposed motion without being advised the return date had been changed."
3 minute read
By Riley Brennan | April 11, 2024
The high court concluded the trial court erroneously refused a jury instruction supporting the defendants' theory that the patient could have sustained a traumatic brain injury from a fall from other means than what was presented by the plaintiff.
5 minute read
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