Miscellaneous

• Don't be fooled by the Oklahoman's Tort Reform Editorial

  Jacob Diesselhorst | April 04, 2007 11:22 AM | 0 CommentsOklahoma City, OK

  Don't be fooled by the Oklahoman's Tort Reform Editorial from April Fool's Day, aimed to further distort the facts regarding Oklahoma 's Civil Justice System. Cited is a study from the Pacific Research Institute, a right-wing mouthpiece which also trumpets that global warming is a hoax and that the war in Iraq is a gleaming success. Instead of rhetoric, let's talk facts. According to the...

• Harris County, Texas jury finds County not liable for inmate's death.

  Bruce Roberts | April 04, 2007 10:26 AM | 0 CommentsTyler, TX

  The estate of a former inmate at Harris County Jail filed suit against Harris County, Texas for violating his civil rights during a 20 day jail stay. The inmate died hours after being discharged from the jail. According to the lawsuit, the inmate, Jimmie Lee O'Neal died of congestive heart failure within hours after being discharged from the county jail. The lawsuit claims that the county...

• $500 Million Allocated to Stop Childhood Obesity

  Rebecca Castell | April 04, 2007 9:53 AM | 0 CommentsCleveland, OH

  Obesity is now recognized as one of the biggest risks to children. The New York Times Reports thatThe Robert Wood Johnson Foundation has dedicated over $500 Million over the next five years to reverse the increase in childhood obesity. It is one of the largest public health initiatives ever tried by a private philanthropy. The foundation estimates that roughly 25 million children 17 and under...

• Application of Comparative Fault to Business Torts

  Geoff Trachtenberg | April 03, 2007 10:13 PM | 0 CommentsScottsdale, AZ

  Most states have adopted a form of comparative fault. The idea behind newer comparative fault laws is to ameliorate some of the harsh results of the common law, but it can have the opposite effect in the business context.In a "pure" comparative fault state, such as Arizona, a defendant is only responsible for the percentage of fault assigned to it by the jury. So, while your damages maybe $1...

• Frequently Asked Questions regarding North Carolina Workers' Compensation Law

  Robin Martinek | April 03, 2007 8:43 PM | 0 CommentsFayetteville, NC

  Does my employer fall under the North Carolina Workers' Compensation Statutes? If an employer has three or more employees, it is subject to North Carolina Workers' Compensation Statutes and required to either maintain workers' compensation insurance or qualify as self-insured. Who monitors and adjudicates workers' compensation claims in North Carolina? The North Carolina legislature has...

• NC Considering a Study of the Doctrine of Contributory Negligence

  Christina Medlin | April 03, 2007 4:34 PM | 0 CommentsFayetteville, NC

  NC, while not alone, still uses the antiquated law of contributory negligence. 46 other states have abandoned the doctrine. The four jurisdictions actively working within this ghastly unpractical law are Alabama, Virginia, Maryland and the District of Columbia. The doctrine of contributory negligence prohibits recovery, even if the person is 1% at fault. An example of the doctrine in practice is...

• Florida Woman with Flesh Eating Bacteria Sues Hospital for Medical Malpractice

  Evan Rosen | April 03, 2007 4:13 PM | 0 CommentsFort Lauderdale, FL

  A woman in central Florida is suing a hospital for medical mapractice after contracting a horrible flesh eating bacteria. Claudia Mejias, 23, went to Orlando Regional South Seminole Hospital to deliver her son, Matthew.After giving birth the hospital informed her she contracted this horrific bacteria and amputation was her only option to live. Suit was just filed.

• Inspections crucial when buying a new home

  Dale Emch | April 03, 2007 3:30 PM | 0 CommentsSandusky, OH

  Sometimes people fall in love so much with a home on the market that they fail to get an inspection or ask the sellers crucial questions.Dale Emch examines the requirements for disclosing problems in a real estate transaction in this week's Toledo Blade column, Legal Briefs. The quick version is that barring some contractual obligation, sellers usually only have to disclose problems they...

• Home buyers need to protect themselves by getting inspections

  Dale Emch | April 03, 2007 3:23 PM | 0 CommentsFindlay, OH

  Buying a home from someone is always a dicey proposition. You're never sure what problem you're buying along with the house.Dale Emch addresses the issue in this week's installment of his Toledo Blade column, Legal Briefs. The quick version is that barring some contractual obligation, sellers usually only have to disclose problems they actually knew existed. And, in some cases, those disclosures...

• Emch's Toledo Blade column reviews disclosure rules for home sales

  Dale Emch | April 03, 2007 3:10 PM | 0 CommentsToledo, OH

  The nightmare situation for the buyer of an existing home is to move in and find some major defect such as a bad foundation or a leaky basement. Most buyers want to turn to the seller to fix the problem, but it's usually not that easy.Dale Emch addresses the issue in this week's installment of his Toledo Blade column, Legal Briefs. The quick version is that barring some contractual obligation,...