Administrative Law, Personal Injury, Civil Remedies

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

by Pavlack Law, LLC on 5/9/2013

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

What Are California’s Laws Regarding Dog Bites?

by Demas Law Group on 11/26/2012

Different states have different law regarding dog attacks and bites. In California, there are several statutes that control dog bite incidents and how they are to be handled by the courts. For example, California Civil Code...more

Milwaukee County Board Considers Changes Following Derek Williams’ Death As Police Chief Admits That Officers Made Mistakes

by Samster, Konkel & Safran, S.C. on 10/19/2012

Back in July 2011, Derek Williams died in Milwaukee Police Department ("MPD") custody. After the release of a disturbing video which shows Mr. Williams in the back of an MPD squad car struggling to breathe and begging police...more

Another Nail in the Public Nuisance Litigation Coffin: The 9th Circuit Affirms Dismissal of the Kivalina Claims

by Foley Hoag LLP - Environmental Law on 9/25/2012

On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more

Defining the Scope of the Public Duty Rule

by Sedgwick LLP on 8/8/2012

The Illinois Supreme Court will release two civil opinions tomorrow. While we await the opinions, here’s a preview of the first case, Doe v. White....more

Mobile Marketing Class Action Litigation 2.0: Enterprising Plaintiffs’ Lawyers Assert Novel Class Claims Under the TCPA

by Sedgwick LLP on 7/30/2012

Never let it be said that plaintiffs’ lawyers are not an enterprising lot. The old adage that you can’t get blood from a stone continues to apply, but not evidently to plaintiffs’ lawyers. They continue to push the envelope...more

INSIGHTS - Patton Boggs Safety and Health Newsletter - July 2012

by Patton Boggs LLP on 7/27/2012

In This Issue: - Obama Directive Aims to Ease Regulatory Burden - Kline Seeks Data on Advance Notice, MSHA Injuries - OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says - IARC Claims Diesel Exhaust...more

Recent U.S. Tax Court Decision Highlights Issues Regarding the Tax Treatment of Damages for Stress-Induced Physical Ailments

by Lane Powell PC - Taxation Law on 7/19/2012

In two cases decided in 2010, the U.S. Tax Court indicated that damages compensating for stress induced physical ailments may be tax-free where (1) the taxpayer can demonstrate that the damages were actually received on...more

$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers

by Dentons on 7/17/2012

We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths of four workers who fell 13 floors when a suspended work platform collapsed. On Friday,...more

Definitive Study Finds that ‘Tort Reform’ Doesn’t Work

by Lawyers.com on 6/29/2012

A new study by professors at prestigious law schools around the country found that so-called “tort reform” — which chisels away at consumer legal rights — does not reduce health care costs....more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

by Sedgwick LLP on 6/22/2012

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

The Check Book -- A Guide for Check Disputes -- May 2012

by Manatt, Phelps & Phillips, LLP on 6/4/2012

Note to Readers Not Legal Advice. This Guide is not intended to express any legal opinions or to provide legal advice. You should consult an attorney for legal advice. Code Interpretations. You should refer to the...more

Mississippi Tort Cap Overturned — For Now

by Lawyers.com on 5/14/2012

The mother of a boy who died of smoke inhalation in an apartment building lacking adequate fire detection may be able to collect $6 million from the complex’s owners, despite Mississippi lawsuit caps, following to a recent...more

Persuasive Memo Sample - Dog Bite Victim Example

by Rebekah Carter on 5/10/2012

This is an example of my legal research and writing as a paralegal. I originally wrote this in my Paralegal certification course and received an A on it. I want to showcase this as an example of the quality, attention to...more

Weekly Law Resume - May 3, 2012: Dangerous Condition of Public Property – Physical Characteristics of Property Combined with...

by Low, Ball & Lynch on 5/7/2012

Sara Cole, et al. v. Town of Los Gatos, et al. California Court of Appeal, Sixth Appellate District (April 27, 2012) In many lawsuits alleging a dangerous condition of public property, the conduct of at least one of...more

Weekly Law Resume - April 5, 2012: Unilateral Attorney Fees Clause in the Elder Protection Act Does Not Preclude Award of Costs...

by Low, Ball & Lynch on 4/18/2012

Katherine Lee Bates, et al. v. Presbyterian Intercommunity Hospital, Inc.Court of Appeal, Second District (March 12, 2012) Appellant Katherine Lee Bates (“Bates”) was the administrator of the estate of Rinda Lou Bates...more

Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity

by Pullman & Comley, LLC on 4/17/2012

The Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because...more

11TH Circuit Upholds $1.7 Million Jury Verdict Against Carpenters Union for Illegal Secondary Boycott Campaign Against Non-Union...

by Miller & Martin PLLC on 4/2/2012

The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more

Soldiers’ Families Blocked from Suing Military Hospitals

by Lawyers.com on 3/29/2012

A large number of combat troops have been returning home from their overseas missions, and many are seeking treatment at military and VA hospitals for injuries and conditions they’ve suffered as a result of their combat...more

California Court of Appeals Finds Advisory Circulars Fail to Create Supremacy Clause Preemption

by Morrison & Foerster LLP on 3/22/2012

On March 20, 2012, the California Court of Appeal Second District held that nonmandatory safety standards issued by the FAA in Advisory Circulars do not preempt state tort law on the standard of care. Sierra Pacific Holdings,...more

Weekly Law Resume - March 1, 2012: The Trilogy of Tverberg: Non-Delegable Regulatory Duties and Negligent Exercise of Retained...

by Low, Ball & Lynch on 3/5/2012

Jeffery Tverberg et al. v. Fillner Construction, Inc. Court of Appeal, First District (January 26, 2012) This case involved injuries suffered by an independent contractor hired to construct a metal canopy over...more

Weekly Law Resume - January 26, 2012: Police Officers – Investigative Immunity Applies Even Where “Special Relationship” With...

by Low, Ball & Lynch on 2/27/2012

Ronald Strong v. State of California Court of Appeal, Second District (November 20, 2011) Law enforcement officers often face lawsuits arising from their conduct at accident scenes and in subsequent...more

Johnston, Moore & Thompson, Huntsville...

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Administrative Law › Personal Injury › Civil Remedies