Civil Sexual Assault Episode 5: Assessing Sexual Assault Claims
Civil Sexual Assault Episode 4: Challenges Facing Institutions Subject to Sexual Abuse Claims
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more
On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more
In Klutschkowski v. Peacehealth, et al., No. 160615518 (Ore., Sept. 26, 2013), the Oregon State Supreme Court unanimously held that an Oregon statute capping non-economic damages at $500,000 was unconstitutional as applied to...more
The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...more
Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See...more
There are two different types of damages available in a personal injury lawsuit; compensatory and punitive. Compensatory damages are intended to “compensate” a plaintiff for any losses he or she has suffered or will suffer in...more
If you have worked in correctional health care for a while, you have heard about the Eighth Amendment’s prohibition against “deliberate indifference” to an inmate’s medical needs. But you may be unaware of the patchwork of...more
Last year, we wrote about the effect the new personal injury protection (PIP) law would be likely to have on a number of key players: insurance companies, law enforcement, Florida citizens, lawyers, and certain health care...more
You need a vacation, but, other counsel is being difficult. What is the law? ...more
The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more
The Oklahoma Supreme Court handed down two decisions on June 4, 2013 with respect to the constitutionality of the Comprehensive Lawsuit Reform Act of 2009 (“Tort Reform Act” or “Act”). The first opinion, Wall v. Marouk, 2013...more
This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more
Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...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
This week we examine the landmark Indiana Court of Appeals decision in Alldredge v. The Good Samaritan Home, Inc. which applied the fraudulent concealment doctrine from medical malpractice cases to the Indiana Wrongful Death...more
Back in 2009, Milwaukee County jail guard James Howard sexually assaulted an inmate. A state court convicted Mr. Howard of two counts of sexually assaulting an inmate. The inmate then sued Mr. Howard in federal court,...more
Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal.
The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more
"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more
2012 Voter’ s Guide to State Judicial Elections - Flood of Money, Negative Ads Threaten Right to Fair Trial
Three darkly silhouetted “murderers” describe their gruesome crimes, and then tell viewers that “Judge Thomas...more
On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights.
Other than drawing more attention to the damaging online material, paying for a lawyer and having to answer uncomfortable questions under oath, what are the other risks about bringing a defamation claim? If you are not...more
In This Issue:
- Power Kept in Check
- 5 Myths that Trick Americans
- Conservative Opposes Tort Reform
Excerpt from: Protect Your Seventh Amendment Rights - Our Constitutional Liberties Are Threatened by...more
Previously, we advised of the U.S. Court of Appeals for the 7th Circuit’s decision in In re Aqua Dots Products Liability Litigation, 654 F.3d 748 (7th Cir. 2011). (Jim Martin & Colin Wrabley, Reed Smith Class Action Alert...more
Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more
This LEGAL BYTE asks and answers the question: What if an apartment owner restricts his tenancies and refuses to rent to families with the “wrong kind” of children? Will such discrimination be tolerated in California? ...more
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