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Daily Report Online

Unemployable? Substance Abuse and Negligent Hiring Central in Ga. Med-Mal Appeal

The plaintiff-appellants also alleged that the nurse responsible been involved in a prior incident where she tested positive for a narcotic substance and ended up breaking the jaw of an unrelated patient while administering anesthesia.
3 minute read

New York Law Journal

Spoliation of Evidence in Malpractice Actions

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
15 minute read

New York Law Journal

Decision of the Day: Court Upholds Reasonableness of $818K in Legal Fees, Finds Block Billing Sufficient

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read

Law.com

Appellants' 'Intermixed Concepts' of Contributory Negligence, Failure to Mitigate Don't Succeed in $1.18M Med-Mal Appeal Attempt

"Defendants acknowledged at oral argument that the record does not tell us whether the alleged hand-soaking occurred before or after the sutures were removed. But if Butts-Franklin had soaked her hand after the sutures were removed, it 'c[ould not] be the basis for a mitigation of damages instruction' because she 'did not act contrary to the advice given,'" Justice Stuart A. Raphael wrote on behalf of the unanimous appellate panel.
6 minute read

The Legal Intelligencer

Pa. Appeals Court: $7M Settlement With Out-of-State Defendant Bars Plaintiff's Med Mal Suit

"The law is not very fleshed out or very clear, particularly in this unique case," the Killino Firm's Jeffrey Killino said.
4 minute read

Daily Report Online

VACATED: $13.7M Attorney Fees Award Nixed After 'Clerical Error'

"The court entered the order by mistake after the defendants had filed a notice of appeal of a prior order," said Michael Flint of McClure & Kornheiser in Atlanta.
3 minute read

The Legal Intelligencer

Judge Rejects Penn Hospital's Challenge to $182.7M Birth Injury Verdict, Tacks on $24.9M

"The defense is quick to point the accusatory finger of error to other trial participants, while failing to point inward to its own litigation strategy, strategic trial decisions, serious credibility issues, and waiver," Judge Bright wrote.
3 minute read

The Legal Intelligencer

Here's Why a Podiatrist Tendered His $1M Med Mal Policy After Day One of His Pa. Trial

"In this one, even with the conservative jurisdiction there was just no coming back from the loss of credibility in terms of lying about his credentials," Stampone O'Brien Dilsheimer Holloway partner Kevin O'Brien said.
3 minute read

Daily Report Online

AWARDED: $13.7M in Attorney Fees for Georgia Litigators

"The case has had a long and tortured journey through the appellate courts, but we have won at every turn," said lead plaintiff counsel William S. Stone of Stone Law Group in Atlanta and Blakely.
5 minute read

Daily Report Online

How Failure to Object Factored Into Ga. Appellate Decision to Uphold $10.1M Verdict

The defense asked the court to declare a mistrial because the plaintiff's counsel told the jury "to award a nuclear verdict." The Court of Appeals disagreed.
5 minute read

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