"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 a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more
The U.S. Court of Appeals for the District of Columbia recently affirmed the dismissal of all but three claims brought by individual and government entity plaintiffs against defendant DynCorp based on claims of injury by an...more
Included in this Issue:
..United States Supreme Court Holds Due Process Forbids California’s Exercise of General Jurisdiction Over German Manufacturer in Suit by Argentinian Plaintiffs Involving Argentinian Subsidiary...more
The Oklahoma legislature enacted the Comprehensive Lawsuit Reform Act of 2009, or H.B. 1603, to limit corporate liability for personal injury by curbing the availability of class actions and limiting product liability cases....more
In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more
Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)?
Does it mean the conduct that led the moving party to...more
The Texas Supreme Court has held that the learned intermediary doctrine generally applies within the context of a physician-patient relationship and allows a prescription drug manufacturer to fulfill its duty to warn end...more
In a 5-2 decision released Friday, July 8, the Florida Supreme Court held that the retroactive application of the 2005 Asbestos and Silica Compensation Fairness Act (Act) is unconstitutional because it divested the named...more
A contract to pay dollars, is according to the Supreme Court of the United States, a contract to pay lawful money of the United States. Lawful money of the United States is money declared to be legal tender in payment. ...more
On June 30, Texas’s First Court of Appeals ruled that retroactive application of a provision of state legislation establishing minimum medical criteria for asbestos claimants violates the Texas Constitution. Union Carbide...more
On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more
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
If you are like most lawyers, you are using the typical discovery devices to gather up all your information--form interrogatories, special interrogatories, requests for production of documents, and of course the deposition...more
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