Constitutional Law › Professional Malpractice › Personal Injury

Missouri Tort Reform Law Struck Down

In a victory for consumers, the Missouri Supreme Court this week threw out a state law capping non-economic losses for victims of medical malpractice. The 2005 tort reform law that limited jury awards for pain and suffering...more

Roberts v. McAfee, Inc.: Backdating-Related Malicious Prosecution Claim Dismissed

The United States Ninth Circuit Court of Appeals has issued an important decision underscoring how serious an obstacle the element of lack of probable cause can be in trying to establish a claim of malicious prosecuton. ...more

Editor's Choice: Jury Awards Edition - October 21, 2011

Here are some items straight from the courtroom that might interest you: • Benzene exposure leads to $7.5 million jury verdict for truck driver's family. Rick Lewis was a gas tanker driver for Kinder Morgan Energy...more

"I Declare, It Is Necessary"

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Why We Can't Sue Our Way to Prosperity

The House Judiciary Committee's Subcommittee on the Constitution held a hearing earlier this week on "Can We Sue Our Way to Prosperity?: Litigation's Effect on America's Global Competitiveness." Speakers included a public...more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

President Obama and Medical Malpractice Reform

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Habush Habush & Rottier vs. Cannon & Dunphy

Habush vs. Cannon Dunphy Ross Fishman Law Firm Marketing Expert Report .pdf

Ross Fishman's law firm marketing expert witness report in Habush Habush & Rottier vs. Cannon and Dunphy. This report analyzes and details issues relating to the First Amendment; constitutional law, Google AdWords;...more

Illinois Supreme Court Holds Medical Malpractice Cap Law Unconstitutional

Last Thursday, in LeBron vs. Gottlieb Memorial Hospitalt, Docket No. 105741, the Illinois Supreme Court struck down the state’s medical malpractice law, which imposed caps on damages awarded to victims. The now-overturned...more

Illinois Supreme Court Strikes Down Caps on Damages

This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more

Klotz v. St. Anthony's, et.al.

Judgment

Court order entered in a case that will test Missouri's "tort reform" law and non-economic damages "cap" on appeal....more