0 results for 'Clark Hill'
Injury During Exam Ruled Malpractice, Not Simple Negligence
Doctors who injure patients during the independent medical examinations required for plaintiffs in personal injury cases are subject to medical malpractice claims, not actions for ordinary negligence, a widely divided state Court of Appeals ruled yesterday. The majority of the 4-3 Court held that a "limited physician-patient relationship" exists during such examinations, typically performed at the behest of insurers to determine the extent of injuries plaintiffs suffered in prior accidents. The the 2 1/2-year statute of limitations for medical malpractice should apply to any claims brought against doctors for harm done during the exams, the majority said.Record-Setting $1 Billion Verdict Returned in Fen-Phen Suit
A Texas jury unanimously returned a record $1 billion verdict in a fen-phen wrongful-death suit last week, but a Houston plaintiffs lawyer now faces the harder task of convincing the courts that the jury finding busts a statutory cap on punitive damages. Attorney John O'Quinn says the $900 million in punitives will stand because the jury found the Wyeth drug company knowingly or intentionally destroyed, altered or concealed public documents.Lawyers Wary of Arbitration Clauses in Fee Contracts
Two recent appellate rulings in Texas cloud the legitimacy of arbitration clauses in fee contracts between lawyers and clients. One decision forced arbitration of a legal malpractice suit, while another ruled such claims are excluded from the Texas Arbitration Act. Until the issue is decided by the Texas Supreme Court, many lawyers are leaving arbitration clauses out of their fee contracts.Middlesex Jury Awards $14M for Failure To Test for Genetic Trait
Large verdicts and settlements in New Jersey.State AI Legislation Is on the Move in 2024
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