"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?
In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more
The Fifth Circuit issued its en banc decision in Estis v. McBride Well Service, LLC, No. 12-30714 (5th Cir. September 25, 2014) and ruled that a Jones Act seaman’s recovery is limited to pecuniary losses where liability is...more
In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more
Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more
The United States Court of Appeals for the Second Circuit in American Petroleum & Transport, Inc. v. New York, 2013 WL 6332548 (2d Cir. Dec. 6, 2013) recently - albeit reluctantly - joined the fleet of other federal circuit...more
The U.S. Fifth Circuit Court of Appeals recently concluded that Jones Act seamen can recover punitive damages for their employer’s willful and wanton breach of the general maritime duty to provide a seaworthy vessel, in...more
Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation.
After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more
One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more
How far does the obligation of a duty of care regarding safety onboard a ship go?
In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more
Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more
Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more
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