Washington State courts are steadily opening the door for pet owners to seek non-economic damages, such as emotional distress, for injuries to their pets. In the past, Washington courts have allowed emotional distress damages...more
The year 2024 comes with new laws that impact the practice of personal injury law in California. The legislature enacted traffic laws to establish new standards of care at crosswalks and intersections. With these measures,...more
Is a beloved family cat a pet or a fur baby? Is a man who dresses his labradoodle in hand-knit booties a dog owner, or a pet parent? Increasingly, the language applied to animal companions has shifted from a property-based...more
Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect...more
The practice of anchoring in litigation is a well-known, much discussed practice among plaintiff-and defense-oriented attorneys and legal organizations. In, Gregory v. Chohan, 2023 Tex. LEXIS 528 (Tx. Jan. 31, 2023), the...more
On the virtual pages of this blog, I’ve long been a proponent of the idea of treating audiences for legal persuasion as active, not passive. What I mean by that is that they’re not just receptacles for your arguments, they...more
“Everything’s Bigger in Texas.” That has certainly been true of personal injury and wrongful death verdicts in recent years. But for how much longer? The Supreme Court of Texas recently issued a ruling that may limit the...more
A more than $15 million award for noneconomic damages in a wrongful death suit prompted the Texas Supreme Court’s recent plurality opinion in Gregory v. Chohan, __ S.W.3d __, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)....more
The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). The court of appeals...more
The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more
On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more
In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more
What is considered medical malpractice? Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care...more
On June 2, 2022, Senate Bill S74A, also known as the Grieving Families Act, passed the New York Senate Assembly and is expected to be signed by Governor Kathy Hochul. Once in effect, the new law will expand recovery rights...more
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more
Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more
Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more
HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois. This is the governor’s first bill rejection in two years and his ninth...more
On January 20, 2021, the California Court of Appeal, Second District, Division Six (Ventura), in Plascencia v. Deese (B299142), vacated a $30 million non-economic damages award in a highway fatality case because: (1) the...more
As the use of telehealth continues to increase, providers need to be mindful of the liability laws in the jurisdictions that they operate in. Similar to in-person medical practices, telehealth services carry liability and...more
When plaintiffs request damages for noneconomic loss such as pain and suffering, courts are split on whether a defendant can require a plaintiff to disclose during discovery how much the plaintiff intends to ask the jury to...more
A newly introduced bill in New Jersey, S4156 and sister bill A5404 would establish civil action for damages for injury or death of certain animals in certain circumstances. Those circumstances would include any unlawful...more
In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in...more
On June 14, 2019 the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd (No. 112,765.) that the statutory cap (K.S.A. 60-19a02) on non-economic damages in personal injury actions violates the “right to trial by jury” in...more
Brief Summary - In a case of first impression for Utah's highest court, the court vacated a jury award of non-economic damages for emotional distress allegedly sustained by plaintiff as a result of the alleged malpractice....more