Searching Content indexed under Personal Injury by Wilson Elser Moskowitz Edelman & Dicker LLP ordered by Published Date Descending.
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The Double-Edged Sword Of Medical Professionals' Apologies
Should physicians apologize in the face of an adverse medical outcome? Or, is it likely that such an apology would only serve to undermine defense arguments
United States
2 Sep 2019
Jury Rules For NCAA In First Sports Concussion Case Tried To Verdict
In a landmark decision, a Pennsylvania jury ruled in favor of the defendant National Collegiate Athletic Association (NCAA) in the first sports concussion case tried to verdict. In a 10−2 decision
United States
23 Aug 2019
Supreme Court Precludes Punitive Damages For Unseaworthiness Claims
In a landmark decision, the Supreme Court has precluded the recovery of punitive damages for unseaworthiness claims.
United States
18 Jul 2019
NJ Supreme Court Signals Potential Sea Change On Scope Of Damages In Auto Accident Cases
New Jersey's "No-Fault" automobile insurance scheme has been the subject of repeated reforms over the past 40 years. On March 26, 2019, the New Jersey Supreme Court
3 May 2019
2019 Liquor Liability Review
Every wife, child, parent or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person
United States
11 Mar 2019
You Had Me At "I'm Sorry": The Impact Of Physicians' Apologies On Medical Malpractice Litigation
Physicians typically recall, with stunning clarity, the moment a patient's treatment went wrong.
United States
12 Nov 2018
The Motion For Partial Summary Judgment: The Litigator's Often Forgotten Tool
The discovery phase in your products liability lawsuit has been completed and it's time to decide the next course of action before proceeding to trial.
United States
16 Oct 2018
The Freedom To Swim
n an August 2017 article, "0.44% of NFL Brains" we addressed The New York Times coverage of Dr. Ann Mckee's report "Clinicopathological Evaluation of Chronic Traumatic Encephalopathy in Players of American Football" ...
United States
19 Feb 2018
Dashcams: Not Just For Viral Videos
Mauril Aldophe thought he had a personal injury payday coming from Beck's Towing of Boynton Beach, Florida. He told police and a medical clinic that a tow truck had rear-ended him.
United States
11 Dec 2017
Shrinking Damages With Smart Data
While it's possible this couple was truthful, insurance claims frequently suffer from exaggerated injuries and malingering.
United States
23 Oct 2017
Nice Attorneys Sometimes Finish Last
Attorneys are accustomed to being called "ambulance chasers" or "sharks," always interested in increasing their fees.
United States
19 Apr 2017
CSST Found To Be Ordinary Building Material Under Virginia's Statute Of Repose – For A Second Time
In a recent decision, the Circuit Court for Spotsylvania County, Virginia, found that OmegaFlex, a manufacturer of corrugated stainless steel tubing (CSST), which is used in residential gas supply systems, was entitled to the protection of Virginia's statute of repose in a product liability lawsuit.
United States
26 Oct 2016
Transportation Law Issue of Communiqué Features Lowry on Common Carriers
Michael Lowry (Partner-Las Vegas) contributed an article, "The Enduring Myth of the Common Carrier," to the October 2016 Transportation Law issue of Communiqué that explains why a common carrier is not always a common carrier and not an insurer of its passengers' safety.
United States
15 Oct 2016
Using The Affordable Care Act In Defense Of Catastrophic Personal Injury Cases
Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff's claim for future medical damages. Plaintiffs often use...
United States
19 Sep 2016
NJ Supreme Court Opens Door To More Take-Home Exposure Claims Against Landowners
The New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners.
United States
2 Aug 2016
Dealing With Product Liability Down Under
Dealing with Product Liability Down Under
25 Jul 2016
Obamacare In The Courtroom: In The Matter Of Double Recovery
Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans...
United States
7 Mar 2016
Qualified Immunity And Deadly Car Chases: Is The Pendulum Heading The Other Way?
The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video.
United States
16 Dec 2015
U.S. Supreme Court Decision Might Foreshadow Expansion Of The Qualified Immunity Defense In Excessive Force Cases
The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video.
United States
16 Dec 2015
NYCAL Presiding Judge Rules Manufacturer Should Have Reasonably Anticipated Asbestos Litigation 10 Years Before First Lawsuit
Spoliation is "the intentional destruction, mutilation, alteration, or concealment of evidence, usually a document.
United States
30 Nov 2015
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