Civil Remedies, Civil Procedure, Personal Injury

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

by April Grosse, Jeffrey S. Leon, Sheena Owens | Bennett Jones LLP on 5/22/2013

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

Q&A With Carlton Fields' Wendy Lumish

by Wendy Lumish | Carlton Fields on 5/14/2013

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

by Thomas LoSavio | Low, Ball & Lynch on 5/14/2013

Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written...more

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

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

by Thomas LoSavio | Low, Ball & Lynch on 5/8/2013

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

What Are My Rights if I Was in a Hit-and-Run Bicycle Accident?

by Demas Law Group on 5/8/2013

Hit-and-run accidents are becoming epidemic in our society. Some attribute this surge to lax enforcement of criminal laws; others say that the number of unlicensed and uninsured drivers plays a role. Most likely, the reasons...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

by Brett Buckwalter | Niles, Barton & Wilmer, LLP on 4/30/2013

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...more

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more

7th Circuit Holds Expert Testimony Based on Aspirational Industry Guidelines Admissible

by Pavlack Law, LLC on 4/22/2013

This week we discuss the recent 7th Circuit decision in Lees v. Carthage College that found an expert's testimony based in large part upon aspirational industry guidelines that are not the “community standards.”...more

Limited Tort Reform Passes Virginia Assembly

by Stephen Baril, William Gray, Ian Lambeets | Sands Anderson PC on 4/17/2013

Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

by James Hazlehurst, Robert Renner | Barger & Wolen on 4/17/2013

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

by Elizabeth K.P. Grace | Lerners LLP on 4/12/2013

In the last year, there have been two Ontario trial decisions dealing with sexual abuse of students by teachers. While we are still awaiting the full decision in the second case, it appears these cases may have yielded...more

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

by Barger & Wolen on 4/12/2013

In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more

Upholding CAFA’S Intended Purpose

by Christopher Norton | Sedgwick LLP on 4/12/2013

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions,...more

Appellate Notes: Week of April 1, 2013

by Edward McCreery III | Pullman & Comley, LLC on 4/3/2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Changes to the Rules governing litigation in England - The Jackson Reforms

by Steven Loble on 3/19/2013

On 1 April 2013 new rules will come into effect in England and Wales which will have a significant impact on litigation. Whilst the reforms look very much as though they affect mechanical aspects of the litigation process,...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

by Pavlack Law, LLC on 3/8/2013

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

Recent Changes To The BP Claims Program

by Viles & Beckman, LLC on 2/27/2013

The BP oil spill started with the April 20, 2010 explosion of the Deepwater Horizon offshore drilling rig. The failure of BP Oil to cap the spill promptly resulted in millions of barrels of crude oil being released into Gulf...more

Hot Dog Eye Injury Lawsuit Against Kansas City Royals – Instant Replay

by Lanier Law Group, P.A. on 2/21/2013

John Coomer claimed that he was injured when he was hit in the eye by a foil wrapped hot dog, shot out of an air cannon by Royals' mascot Slugerr, during a 2009 Kansas City Royals game. He sued the Royals for his injuries...more

Helping You Help Your Patients: Learning about insurance issues in MVA cases

by Nigel G. Gilby, William Simpson | Lerners LLP on 2/21/2013

In This Presentation: - Motor Vehicle Accident Legislation - Tort Claims - Pecuniary Loss - Non-Pecuniary Losses - Threshold - Limitations - Statutory Accident...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Remedies › Civil Procedure › Personal Injury