"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?
The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more
Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. -
Court of Appeal, Fourth Appellate District (April 16, 2014) -
Under the principle of equitable tolling, a statute of limitations will not bar a claim...more
Although the benefits to becoming a nonsubscriber under the Texas workers’ compensation system are manifold, employers who choose to become nonsubscribers do need to be aware of hurdles that the Texas Legislature put into...more
A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more
In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more
On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more
AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. -
The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more
In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the...more
Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers.
On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more
This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more
Case Report -
Gore v. WVOIC and Boone County Parks & Recreation Comm’n, (W.Va. 3/28/2013) -
On March 28, 2013, the West Virginia Supreme Court of Appeals issued a decision supporting the ranges of permanent...more
Diane Marie Minish v. Hanuman Fellowship et al. -
Court of Appeal, Sixth District (February 25, 2013) -
The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more
In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more
Jack Jurgens and Jim Bercaw succeeded in obtaining a partial summary judgment from District Judge Lance M. Africk that the MATTERHORN SEASTAR, a floating tension leg platform (“TLP”) secured to the Outer Continental Shelf off...more
The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly...more
California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs...more
In its August 20, 2012 decision in LeFiell Manufacturing Company v. Superior Court, the California Supreme Court held that an injured employee’s spouse is not allowed to pursue a claim for loss of consortium in the employee’s...more
The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...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
In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more
In litigation, it’s one thing to talk about an injury in dry medical terms, and quite a different and more powerful thing to show what actually happened anatomically at the time of injury. In a personal injury case, attorneys...more
In a ground-breaking decision, the Texas Supreme Court today decided that workers compensation insurers are not subject to "bad faith" claims for unfair claims settlement practices under the Texas Insurance Code.
The Supreme Court of Pennsylvania recently accepted petitions for allowance of appeal in two similar cases—Landis v. A.W. Chesterton Co.1 and Tooey v. AK Steel Corp.2—to address whether the exclusivity provision in the...more
Extraordinary Writs is a newsletter published by Jordan Coyne & Savits LLP covering recent developments concerning civil litigation defense in the District of Columbia, Maryland, and Virginia....more
A Florida man has filed third-party liability claims against a carpet cushion company and an industrial machine manufacturer. He was working as a contractor at the carpet cushion company when his genitals were sliced off in...more
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