Personal Injury Updates

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Car Accidents Caused by Marijuana

Driving while under the influence of drugs (illegal, prescription, or otherwise) can make driving a car unsafe—just like driving after drinking alcohol. Drugged driving puts not only the driver but also passengers and others...more

Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available...more

Compensating “Disgust”: Psychoanalyzing Emotional Distress Claims Involving Food Products

You’re a sheriff’s deputy and you’re hungry. You stop at the local Burger King drive-thru and order a Whopper with cheese. You often eat five meals a day—frequently at fast food restaurants—because you work night shifts. ...more

The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

Do surgeons’ (mis)perceptions of risk play too big a role for patients’ good?

A globally renowned seismologist, weary of recent scaremongering reports that a major fault in California was “locked, loaded, and ready to roll,” offered a pointed scientific evaluation of risk: “You’re about as likely to be...more

Can Auto versus Pedestrian Accidents be avoided?

Woodland Hills personal injury lawyer Barry P. Goldberg handles several serious auto versus pedestrian accidents every year. Recently, the Los Angeles Times identified the most dangerous intersections for pedestrian...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the...more

Safety Troubles in Hospital Compounding Pharmacies

We wrote yesterday about contamination at the pharmacy of the NIH Clinical Center in Bethesda. Other big hospitals, judging by media reports, also may need to look at their pharmacy operations, especially when they compound...more

NIH takes stronger steps to improve patient safety at Bethesda Clinical Center

Federal officials have decided to sweep out the executive ranks at the flagship hospital of the National Institutes of Health in Bethesda, this after a blue-chip investigating committee rebuked the institution and declared...more

The Most Dangerous Intersections for Pedestrian Accidents in Woodland Hills— Part 2

Woodland Hills personal injury lawyer Barry P. Goldberg is acutely aware of local auto versus pedestrian accidents. This is Part 2 of 2 discussing the most dangerous intersections for pedestrian accidents in Woodland Hills. ...more

Autonomous Vehicle Bill Passes Tennessee Senate

A new bill in Tennessee seeks to reduce the frequency and severity of car accidents with the expansion of smart car technology.Nashville, TN – April 22, 2016—This month, Tennessee became the first state in the nation to...more

New Campaign Raises Awareness of Railroad Intersection Dangers

In the wake of the Amtrak derailment in Pennsylvania earlier this month, Operation Lifesaver is promoting a new public awareness campaign dedicated to “changing people’s behavior around railroad tracks and crossings.” While...more

The Most Dangerous Intersections for Pedestrian Accidents in Woodland Hills— Part 1

Woodland Hills personal injury lawyer Barry P. Goldberg handles more local auto versus pedestrian accidents than you might think. Most of these accidents occur at only a few select intersections in Woodland Hills. This...more

How to Keep your Child Safe in the Car

The leading cause of death for children under the age of 18 in the United States is motor vehicle accidents, and many of these deaths are preventable. There are several steps that drivers can take to make rides safer, for...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES

A. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]...more

Vanishing premiums part deux?

Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or...more

C.C.P. § 998 Offers – Invalid When Settlement Agreements Required

Charles Steven Sanford v. Jacy Leann Rasnick, et. al. - Court of Appeal, First Appellate District (April 25, 2016) - The effect of a valid Code of Civil Procedure section 998 offer that is not accepted is to...more

Rollover Accidents: Causes and How to Avoid One

We have all heard of, seen, or worse yet, been involved in a rollover auto accident. A rollover is a type of vehicle crash in which a vehicle tips over onto its side or roof. All types of vehicles can rollover. However,...more

Defence & Indemnity - April 2016: III. QUANTUM/DAMAGES ISSUES: B.

B. In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence. Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]...more

Nader’s latest crusade: falsehoods about lawsuits, suspect tort reform

Americans have been brainwashed into disbelieving a fundamental truth about their legal system: Lawsuits actually are good for the country. They aren’t as costly nor as numerous as conventional wisdom holds. And they play a...more

3 Reasons People Hate Hiring Personal Injury Lawyers!

Woodland Hills personal injury lawyer Barry P. Goldberg meets hundreds of accident victims and prospective clients every year. There seems to be a “unifying theme” from most, if not all, of the clients—they think they hate...more

The Supreme Court Sends Spokeo Back

Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 2 Rule 3.823

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to...more

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