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Res ipsa loquitor offers basis for many malpractice cases
By Mark McGrath Patients who wake from surgery with unanticipated and unexplained injuries confront several challenges when they bring malpractice suits. Because patients are typically anesthetized during their procedures, and […]
4th Circuit: United States dismissed from wrongful death suit
A federal court dismissed a wrongful death claim under the Federal Tort Claims Act involving a Marine's murder of his grandmother due to jurisdictional issues, despite arguments of negligence by his commander.
Experts: Titan lawsuit will be difficult to win
PORTLAND, Maine — A lawsuit stemming from the Titan submersible disaster felt inevitable, but winning a big judgment against the owner of the vessel could be very difficult, legal experts […]
Parents face lawsuit over son’s attack at school
GALVESTON, Texas — A lawsuit accusing the parents of a former Texas high school student of negligence for not securing weapons he allegedly used in a 2018 shooting at his […]
Commentary: Punish? Yes, but sharp litigators also look to deter misconduct
In Haarhuis v. Cheek, the North Carolina Court of Appeals ruled that deterrence arguments are permissible during the compensatory damages phase of a negligence trial, broadening the scope of closing arguments in tort cases.
Third party can’t sue over employee’s work injury
The North Carolina Court of Appeals dismissed a third-party claim against an employer, ruling that an injured employee could not meet exceptions to the Workers’ Compensation Act, thus upholding the act's exclusivity provision.
Absent notice, landlord is not liable for gas explosion
The North Carolina Supreme Court ruled that a landlord cannot be sued for negligence without notice or knowledge of property issues, reversing a lower court's decision.
Resident dies after leaving memory care facility; $1 million settlement
Action: Memory care negligence Injuries alleged: Wrongful death; pre-death pain and suffering Case name: Withheld Court/case no.: Withheld Judge: Withheld Mediator: Rene Trehy Amount: $1 million Special damages: $39,000 (past […]
Tort/Negligence – Tortious Interference with Contract – Omissions – Arbitration – Arbitrability Questions
In support of its claim of tortious interference with contract, the plaintiff-contractor does not describe purposeful conduct by the defendant-architect; instead, plaintiff takes issue with the architect’s refusal or failure […]
Incorrect lab test report triggers multiple unnecessary surgeries
$1.8 million settlement Action: Negligence Injuries alleged: Multiple unnecessary surgeries Case name: N/A Court/case no.: N/A Jury and/or judge: N/A Amount: $1,800,000 Date: March 14, 2023 Attorney: Robert E. Zaytoun, […]
Construction worker falls through roof opening, settles for $5.2M
Action: Premises liability/negligence Amount: $5.206 million structured settlement providing compensation in addition to ongoing workers’ compensation benefits; workers’ compensation lien of $1.042 million fully satisfied for liquidated payment of $110,000 […]
Tort/Negligence – Schools & School Boards – Administrators – Public Official Immunity – Abusive Teacher
Where the teacher of a special education class abused plaintiff’s autistic son by, for two examples, putting him and keeping him in a trash can and spilling hot grease on […]
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Top Legal News
- ‘Don’t threaten our first responders’: Jackson sues FEMA again over withheld public safety funds
- 10 business development mistakes you can’t afford to make
- Meta disregarded its own research on teen harm, Tennessee tells jury
- Reputational management: Making your public statements as impactful and effective as possible
- 5 Questions: From briefs to bestsellers
- Wake County shutting down online arrest records portal over expungement concerns
- NC Biz Court: Fiduciary duty claims stand in healthcare company dispute
Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
