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Big verdicts, analysis of important decisions and trends
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
By Allison Dunn | April 10, 2024
"Why did you extend all this legal work to the financial detriment of your client?" Ohio Justice Melody J. Stewart asked.
5 minute read
By Emily Cousins | April 9, 2024
"Goals has done a really good job of playing to body conscious issues for minority women," Eric Chaffin said. "They're offering what they claim to be a cost effective way to achieve a [Brazilian butt lift], but it's really unsafe."
3 minute read
By Emily Cousins | April 8, 2024
"We're pleased that the jury rejected the attacks on Mr. and Mrs. Griswold during the trial and recognized the defendants' responsibility for causing Mr. Griswold's terrible injuries," Silver Golub & Teitell partner Joaquin Madry said. "This is yet another example of a jury sorting through a lot of misdirection and finding a just result."
4 minute read
By Riley Brennan | April 8, 2024
"After carefully reviewing the record, we hold that had the trial court precluded admission of the challenged aspects of the Durrani collage and any reference to Durrani's license revocations and the other lawsuits, the jury likely would have reached the same verdict," wrote Judge Ginger S. Bock for the Ohio First District Court of Appeals. "Therefore, the trial court did not abuse its discretion by denying defendants' motion for a new trial."
4 minute read
By Michael A. Mora | April 8, 2024
"What we found over time is that when something goes wrong, cruise ships don't have the ability to deal with it despite what they say in their advertisements," claimed Todd Michaels, a partner at the Haggard Law Firm.
4 minute read
By Thomas A. Moore and Matthew Gaier | April 1, 2024
In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
13 minute read
By Ira H. Leesfield | March 27, 2024
Passengers in this environment justifiably rely on the cruise line being able to provide medical treatment in the event of an emergency. And the marketing for the major cruise lines promotes their trained and credentialed medical staff. Unfortunately, and to the detriment of passengers, the on-board medical staff routinely demonstrate their inability to handle medical emergencies.
6 minute read
By Riley Brennan | March 22, 2024
"The specific allegations of Dr. Joo's acts or omissions are not separate elements of the claim on which the jury must unanimously agree, provided they agree his failure to meet the standard of care caused Butts's injuries," Justice Michael B. Hyman wrote on behalf of the panel in the March 8 opinion.
5 minute read
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
8 minute read
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