Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
Bleeding Deaths Linked to Pradaxa
GranuFlo and NaturaLyte Accused in Heart Attacks
Lawsuits Claim SSRIs Can Cause Severe Birth Defects
Dangers of Botulism with Botox
Hernia Patients in Pain as Skin Procedure Fails
What can I be compensated for after an accident injury that was not my fault?”
Car Accidents and the Things You Need to Know
Legal Minute - I was injured in a car accident as a passenger. Whom can I file a claim against?
Webinar: Investigating and Resolving Sexual Assaults on Campus
Monster Energy Drink Accused of Teen Death
Legal Minute with Sacramento wrongful death attorney, John Demas
Sacramento dog bite attorney- Legal Minute
Legal Minute: “Who Pays for my Expenses If I’m Injured By A Driver Who Doesn’t Have Auto Insurance?”
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
As Greed Grows in Trucking Industry, Driver Fatigue Is a Problem Facing All Americans
Money Talks: Safe Places & Breach of Security (Part I)
Can you protect yourself from a hit and run accident and why do you need uninsured & under-insured motorist coverage?
Personal Injury Claim in California
Should you hire a personal injury attorney after a dog bite?
Skecher Toner Shoes Cause Severe Injuries
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: 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In This Presentation: - Motor Vehicle Accident Legislation - Tort Claims - Pecuniary Loss - Non-Pecuniary Losses - Threshold - Limitations - Statutory Accident...more
A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more
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