Personal Injury Elections & Politics

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Back From The Dead? Senator Wants To Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation. Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and...more

California Senate Introduces Bills to Expand Abuse Claims

For our readers who are involved in insuring public and private entities against sexual abuse claims, you may be interested to know that legislation to reform the civil and criminal statute of limitations for childhood sexual...more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Annual Report On “Judicial Hellholes”

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more

Hailey French’s Story – When millions barely cover the bills. [Video]

Every time we help a client recover a multi-million dollar verdict, we hear some people say, “How can you justify millions of dollars for one person’s injury?” We used to say that if you really wanted to understand, you...more

Reverse Tort Reform?

In a notable departure from other tort-reform movements in the country, one state may soon permit medical malpractice lawsuit plaintiffs to recover significantly more noneconomic damages in negligence cases and other...more

Contributory Negligence Fights Off Extinction Yet Again

Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more

Create Jobs through Regulatory Reform

In light of the fact that the NC Senate is preparing to vote on a recently-passed House bill, it is appropriate to revisit one topic that may be addressed by the Senate in the coming days. The House passed Senate Bill 112...more

Drone Privacy Claims on the Horizon

The headlines these days have focused on revelations that the government has conducted telecommunication dragnets from domestic networks on a regular basis. The issue has garnered attention because of sensitivity to...more

Illinois Not Liable for Elected Officials' Attorney Fees for Intentional, Willful or Wanton Misconduct

Does the State of Illinois have to pay elected officials' attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois...more

How the Sequester Could Affect Zadroga Act Benefits

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

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

Driverless Car Technology – Legislation Slow to Keep Pace

Major technology companies have already logged 300,000 miles on U.S. roads with self driving cars. Driverless (or automated or autonomous) vehicle technology is rapidly advancing and states are starting to enact legislation....more

Government Relations And Lobbying Insight: Legislature Opens For Business

After a dramatic November general election, the Minnesota Legislature convened the 2013 session this week with the DFL party firmly in control of state government for the first time in 22 years....more

Medical Malpractice Reform Being Considered In Georgia

Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...more

Top 6 At 12: Highlights Of The Top Climate Change Stories In The Second Half Of 2012

2012 has drawn to a close. We chronicle here six of the most significant stories on the climate change front in the last six months. For those looking for hope that government is taking action to rein in greenhouse gas...more

Attorney Andrew Weinstein a featured Speaker at the Nova Southeastern University Shepard Broad Law Center

Attorney Andrew Weinstein, managing partner and founder of the South Florida-based Weinstein Law Firm (www.weinstein-law.com) recently spoke as a guest lecturer at the Nova Southeastern University Shepard Broad Law Center....more

You Should Know - October 2012

2012 Voter’ s Guide to State Judicial Elections - Flood of Money, Negative Ads Threaten Right to Fair Trial Three darkly silhouetted “murderers” describe their gruesome crimes, and then tell viewers that “Judge Thomas...more

Beware the Clumsy Retraction, and Other Lessons from Idaho

A recent Idaho state court opinion ordering an Idaho newspaper to unmask the identity of an anyomous commenter on the newspaper's website demonstrates, among other things, the pitfalls that come with a clumsily worded...more

TX Attempt at Medical Malpractice Tort Reform Fails

Since 2003, Texas has enforced a strict cap on damages awarded through medical malpractice cases. Texas is one example of how tort reforms hurt the public and strengthen the insurance industry. A recent report on the changes...more

Maryland Legislature Rolls Over and Plays Dead on Pit Bull Legislation

“Woof!” – Gracie the Dog (trusted friend, avid squirrel chaser, and Pit Bull…or was she?) "Succumbing to the allure of bad facts leads inevitably to the development of bad law.” – Judge Clayton Greene, in his dissent in...more

Political Question Doctrine Requires Dismissal of Wrongful Death Suit Against Government Contractor in Iraq

Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more

You Should Know - July 2012

In This Issue: - Power Kept in Check - 5 Myths that Trick Americans - Conservative Opposes Tort Reform Excerpt from: Protect Your Seventh Amendment Rights - Our Constitutional Liberties Are Threatened by...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

Saint John (City) v. Ferguson – Board of Trustees Can Commence Legal Proceedings for Defamation

The Board of Trustees of the City of Saint John Employee Pension Plan (the Trustees) commenced an action against John Ferguson, a member of the Common Council of the City of Saint John, for defamation based upon certain...more

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