Administrative Agency Personal Injury Civil Remedies

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

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

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

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

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

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

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

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...more

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

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

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

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

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

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

Persuasive Memo Sample - Dog Bite Victim Example

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...

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...

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

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...

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

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

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...

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...

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

Family targets Mobile, Alabama, police department after crash

Sure, many people might have some amount of cynicism when it comes to law enforcement. Many of us have had stressful or frustrating experiences with police officers. But for the most part, the public expects that law...more

Engineer: Immune or not in Sewer collapse? (Part 2) (law note)

When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a...more

School District May Have Special Relationship with Their Students Requiring Protection of Students' Personal Security

In Doe v. Covington County School District, the Fifth Circuit Court of Appeals considered the circumstances in which a school district is required to protect students’ personal security based on a special relationship with...more

2011 Sacramento Legal Seminar and Webinar - November 10, 2011: California Law Update Highlighting recent California Supreme Court...

TABLE OF CONTENTS: ANTI-SLAPP STATUTE D.C v. R.R . ... 1 Rivera v. First Databank, Inc. ... 1 Simpson Strong-Tie v. Gore . ... 2 ARBITRATION Ruiz v. Podolsky . ... 3 Zamora v. Lehman ......more

How to Complain Effectively about Unsafe Medical Care

If you believe your care provider has caused serious harm by negligence or malpractice, consult an attorney about legal relief. But that’s using a machete, and sometimes the job requires a butter knife. If you have a...more

Conservative Group Says Capping Patients' Malpractice Damages Could Encourage Unsafe Medical Care

The conservative Cato Institute is out with a new study arguing that putting limits on malpractice verdicts could be doubly bad for patients. It could result in both inadequate compensation for victims of malpractice, and...more

Investigating Sexual Assault Claims - Even Private Colleges Are Vulnerable

A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private...more

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