Personal Injury | JD Supra

Not a Good Week for Private Climate Change Litigation: The Supreme Court Denies Review in Kivalina

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/23/2013

It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed dismissal in Comer v. Murphy Oil. Now, on Monday, the Supreme Court denied...more

Less Severe Car Wrecks Can Cause Serious Hardship

by Johnston, Moore & Thompson, Huntsville... on 5/23/2013

When Alabama residents consider the damages that can come from car accidents, it is usually the major incidents that come to mind. ...more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

by Megan Misko | King, Krebs & Jurgens, PLLC on 5/23/2013

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

Athletes’ Rights of Publicity Trump First Amendment in Video Game Context

by Ronald Katz | Manatt, Phelps & Phillips, LLP on 5/23/2013

In a recent 62-page decision by the Third Circuit, obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the...more

Malpractice Can Result In A Negligent Death Lawsuit

by The Law Offices of Michael A. Kernbach, P.C. on 5/23/2013

People can make mistakes. However, when we use poor judgment that results in an injury to another person, then the law holds us accountable....more

Tourist Accidents

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/23/2013

Tourist accidents are common. Just last month 19 people died in Southern Egypt in a hot-air balloon crash. State operated television reported that the balloon was carrying 20 foreign tourists from China, Japan, Hungary,...more

How the Sequester Could Affect Zadroga Act Benefits

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 5/23/2013

For the past month or so, all the talk has been about the sequester and how it will affect some government services, such as security at airports. However, the sequester will also affect some government benefits, including...more

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

by April Grosse, Jeffrey S. Leon, Sheena Owens | Bennett Jones LLP on 5/22/2013

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

¿Puede un inmigrante indocumentado cobrar por daños causados por un accidente de tránsito?

by Demas Law Group on 5/22/2013

Todos los días, inmigrantes indocumentados tienen accidentes automovilísticos y sufren lesiones. Sin embargo, muchos de estos inmigrantes indocumentados no buscan resarcimiento porque creen que no tienen derecho a...more

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

What You Need to Know About Nursing Home Care

by Phillips Law Offices on 5/22/2013

Family caregivers are sometimes forced to admit that they can no longer provide the level of care at home that an elderly loved one requires. They face a difficult decision to move the person in their care to a nursing home...more

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

by Timothy Durken on 5/22/2013

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

Types Of Automotive Defects

by Law Offices of Robert Olkowitz, P.C. on 5/22/2013

Auto accidents happen for a variety reasons, including speeding, tailgating, driver distraction and reckless driving. Yet what you might not realize is that car accidents are sometimes caused by vehicle manufacturers....more

Family Sues Hospital for Violating Do Not Resuscitate Order

by Aaron Kase | Lawyers.com on 5/21/2013

All too often, families have to bring lawsuits against hospitals that let their loved ones die through malpractice or neglect....more

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Richard Birmingham | Davis Wright Tremaine LLP on 5/21/2013

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

What If I Can’t Afford A Lawyer?

by Law Office of Paul B. Genet on 5/21/2013

After an accident, money may be tight. You may be out of work and facing a mountain of medical bills....more

Kauai Dam Breach Tragedy Still Unresolved

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/21/2013

The Hawaii Reporter recently reported that the Kauai Dam Breach case is still unresolved. The dam breach was the result of illegal grading, which, one decade later, led to a breach that left seven people dead. ...more

Is Your Construction Site Title 8 Compliant?

by Thorsnes Bartolotta McGuire LLP on 5/21/2013

Construction provides many needed jobs in California and across the United States. Some economists view the level of construction as a key indicator of a vigorous state and national economy. So it’s important for the...more

An Auto Accident In Alabama Leaves 4 People Injured

by Johnston, Moore & Thompson, Huntsville... on 5/21/2013

Automobile accidents occur each and every day in Alabama and throughout the nation. When an auto accident does happen, sympathy and remorse are typically felt for those involved, especially when children and pregnant women...more

Today’s Take: Don’t Mess With Elders

by Rodney Lee | Ervin Cohen & Jessup LLP on 5/21/2013

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

There is No Coverage for Fighting in Alaska, Seriously

by Smita Mokshagundam | Sedgwick LLP on 5/20/2013

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

Injuries Due To Slips, Trips And Falls

by Samster, Konkel & Safran, S.C. on 5/20/2013

According to the National Floor Safety Institute, more than one million people go to the emergency room each year due to slip and fall accidents....more

Riding ATVs Can Result In Injury, Death And Civil Liability

by Law Office of Paul B. Genet on 5/20/2013

Unfortunately, all-terrain vehicle (ATV) accidents are more common than you think. When a 13-year-old Florida resident went for a ride on a friend’s ATV, she crashed into a tree and later died. ...more

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

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