"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
Gong v. City of Rosemead (May 20, 2014, B247601) -- Cal.App.4th --, a Court of Appeal declined to hold the City of Rosemead ("City") liable for the alleged tortious conduct of former mayor and City Council member John Tran...more
For our readers who are involved in insuring public and private entities against sexual abuse claims, you may be interested to know that legislation to reform the civil and criminal statute of limitations for childhood sexual...more
The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more
The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more
Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more
Does the State of Illinois have to pay elected officials' attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois...more
The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more
Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more
California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year.
If Howell is nullified or restricted by legislation this...more
The Obama Administration has filed a supplemental amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum arguing for significant limitations on the application of the Alien Tort Statute ("ATS") to conduct...more
The proper role of US courts in policing conduct abroad is commanding the Supreme Court’s attention and may soon command that of Congress. Since 1789, the Alien Torts Claims Act (“ATCA”) has long conferred jurisdiction upon...more
The Obama Administration has filed an amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum in support of the plaintiffs' position that corporations are proper defendants in cases involving claims under...more
In This Issue:
This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues...more
Readers know that tort reform is an important issue we have posted on before, at the federal and state level. Latest update: Tennessee recently enacted reform legislation that will, among other things, limit the amount of...more
In an excellent blog post at The Huffington Post, AAJ president Anthony Tarricone makes the case that tort reform is bad for Americans and will not solve the health care dilemma. The entire article is well-worth reading, but...more
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