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Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Bar upholds lawyer’s constitutional right to blog about untruthful witness

A Michigan lawyer may write about the untruthful testimony of an “expert” medical witness because his online blog post and his comments are protected speech under the First Amendment, officials from the Michigan Bar have...more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

by Williams Venker & Sanders on

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

by Williams Venker & Sanders on

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

by McAfee & Taft on

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions....more

Indiana Supreme Court Upholds Punitive Damages Statute

by Pavlack Law, LLC on

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

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Why We Can't Sue Our Way to Prosperity

by Dechert LLP on

The House Judiciary Committee's Subcommittee on the Constitution held a hearing earlier this week on "Can We Sue Our Way to Prosperity?: Litigation's Effect on America's Global Competitiveness." Speakers included a public...more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

by Howard Ankin on

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

President Obama and Medical Malpractice Reform

by Howard Ankin on

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Habush Habush & Rottier vs. Cannon & Dunphy

Habush vs. Cannon Dunphy Ross Fishman Law Firm Marketing Expert Report .pdfWisconsin

by Ross Fishman on

Ross Fishman's law firm marketing expert witness report in Habush Habush & Rottier vs. Cannon and Dunphy. This report analyzes and details issues relating to the First Amendment; constitutional law, Google AdWords;...more

Illinois Supreme Court Holds Medical Malpractice Cap Law Unconstitutional

by Howard Ankin on

Last Thursday, in LeBron vs. Gottlieb Memorial Hospitalt, Docket No. 105741, the Illinois Supreme Court struck down the state’s medical malpractice law, which imposed caps on damages awarded to victims. The now-overturned...more

Illinois Supreme Court Strikes Down Caps on Damages

by Steven Pietrick on

This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more

Klotz v. St. Anthony's, et.al.

JudgmentMissouri

by J. Thaddeus Eckenrode on

Court order entered in a case that will test Missouri's "tort reform" law and non-economic damages "cap" on appeal....more

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