Personal Injury

Timely Personal Injury information: news & analysis from the lawyers, firms and professionals publishing on JD Supra.

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An indemnity agreement which does not require notice of a defense may allow the indemnitee to recover defense costs incurred prior to providing notice of the underlying action indemnitor
Warner Norcross & Judd

On August 31, 2010, the Court of Appeals published its earlier, July 1, 2010, opinion in Ajax Paving Industries, LLC v. VanOpdenbosch Construction Co., No. 288452. The primary issue in this case concerned the fees and costs incurred by... more

	Latest Filings and Decisions
	Connick, et al., v. Thompson Brief of Amici Curiae Alliance Defense Fund and CATO Institute In Support of Respondent Cato Institute If a man is wrongfully convicted and held on death row for 18 years — 14 in solitary confinement — because prosecutors withheld exculpatory evidence in his case, is there any reason that courts should keep him from recovering damages...... more
	Stone v. Paddock Publications, Inc. Brief and Argument of Petitioner - Appellee Electronic Frontier Foundation EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School a friend-of-the-court brief in the case of Stone v. Paddock Publications, urging the Illinois Court of Appeals to block the unmasking of an anonymous...... more
	Hubner v. Spring Valley Equestrian Center New Jersey Supreme Court Bolsters Immunity to Equine Operators Brandon L. Sipple In Hubner v. Spring Valley Equestrian Center, the New Jersey Supreme Court expressly noted that the NJ Equine Activities Liability Act is "remedial legislation" (akin to the Law Against Discrimination statute, etc.)and thus its...... more

	Most Recent Articles
	Following Discovery Of Injuries In Centenarian, Authorities Initiate Investigation Of Abuse At Nursing Home Jonathan Rosenfeld - Nursing Home Abuse Tennessee authorities are now investigating what appears to be tell-tale signs of nursing home abuse following the hospitalization of a 100-year-old woman. After the centenarian was admitted to the hospital with severe hemorrhaging,...... more
	Pediatricians Repeating Medical Myths Endanger Child Safety Patrick Malone & Associates P.C. \| DC Injury... Parents who turn to their child’s pediatrician for health and safety advice may end up hearing recycled parenting myths, a new study reports. Please see full article below for more information.... more
	The Price Tag of Medical Errors: $19.5 Billion per Year in the U.S. Patrick Malone & Associates P.C. \| DC Injury... Medical errors and malpractice events cost the U.S. economy $19.5 billion in 2008, according to a recently released study commissioned by the Society of Actuaries. Please see full article below for more information.... more

	Civil Procedure & Remedies
	Stay of Discovery Under PSLRA Does Not Apply During All Motions to Dismiss Katten Muchin Rosenman LLP Plaintiff brought a claim for securities fraud against a medical device corporation and certain employees, officers and board members of the corporation. Several defendants (the moving defendants) filed motions to dismiss the...... more
	“Proportionality” Given First Judicial Interpretation, Severance Of Liability And Quantum Considered Erik Magraken, ICBC Injury Claims Lawyer Article by BC Injury Claims Lawyer (ICBC Injury Claims Lawyer) Erik Magraken discussing the New BC Supreme Court Civil Rules and applications to sever issues at trial. DISCLAIMER This article is authored by British Columbia...... more
	MSC Opinion: Shay v. Aldrich Warner Norcross & Judd In an opinion released after the Michigan Supreme Court’s July 31 end of term, the Court reinvigorated the latent-ambiguity doctrine by holding that the word “all” in a liability release did not actually mean “all” where extrinsic...... more

	Health Law
	Even After Warnings, Reglan Continues To Be Prescibed And Cause Devastating Problems For Many Patients Jonathan Rosenfeld - Nursing Home Abuse In a previous post, I talked about Reglan (Metoclopramide), a drug commonly used to relieve heartburn in patients with GERD (gastroesophageal reflux disease) or to relieve symptoms of slow stomach emptying for people with diabetes....... more
	Failure To Use Proper Lifting Technique Results In Severe Injury To Stroke Patient In Nursing Home Jonathan Rosenfeld - Nursing Home Abuse I'm always amazed at how shortcuts taken by nursing home staff can result in horrific patient injury or death. Frequently, I see the shortcuts taken by staff as a reflection the facilities failure to train their staff and the...... more
	COA Opinion: “Medical care or treatment” exception to governmental immunity applies to treatment of mental illnesses Warner Norcross & Judd On August 26, 2010, the Court of Appeals published its decision in McLean v. Phenix, affirming the trial court’s holding that Michigan’s “medical care or treatment” exception to governmental immunity, found in MCL 691.1407(4), extends...... more

	Insurance
	Death Worth Less Than Injury? Keri Grenier This article talks about how damages are calculated in a wrongful death suit in British Columbia. Many people are surprised to learn that grief is not compensable.... more
	Turn Your Case into a Winning Documentary Christina Penza - Settlement Documentaries Show Them What Your Case is Really Worth. Let TV News Veterans Turn into a Broadcast Quality Documentary for Mediation. Here's what you should know:... more
	Notice Requirements in New Mexico Uninsured/Underinsured Motorist Cases Collins & Collins, P.C. In case of an uninsured/underinsured motorist claim on an automobile accident in New Mexico, the law requires that an insured party notify their insurance company of the uninsured/underinsured claim "as soon as practicable." The...... more

	Products Liability
	Northern District of Illinois Rules on Lawsuit Alleging Adverse Reaction to Motrin Howard Ankin At issue in a recent Illinois products liability lawsuit was whether the manufacturer of Motrin was liable for an adverse reaction to its product. In Robinson v. McNeil Consumer HealthCare, 2010 WL 3156548, the plaintiffs brought a...... more
	Get The Attorneys' Edge l Chose the Right Documentary by Christina Penza Christina Penza - Settlement Documentaries Attorneys' Edge Productions turns your case into a compelling video documentary for use at mediation. This article discusses the best cases for documentary production and how the right creative team can turn even difficult cases into a...... more
	Get The Attorneys' Edge l Chose the Right Documentary Christina Penza - Settlement Documentaries Attorneys' Edge Productions turns your case into a compelling video documentary for use at mediation. This article discusses the best cases for documentary production and how the right creative team can turn even difficult cases into a...... more

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