Frivolous litigation is a legal defense exercised when a plaintiff is trying to assert a claim that is legally baseless, without merit, and full of unsupported assertions. The goal of a frivolous lawsuit is to obstruct the adjudication of proceedings with no real colorable claims of law, forcing defendants to come up with legal reasoning to refute meritless claims. The definition of...
To a certain extent, some lawyers have made things even more difficult for the rest of us because of advertising that does not better than "I can shout louder and bolder than you can." Not knowing any better, frankly, they try to attract the attention of accident victims with ads flashing huge amounts of cash, showing gory accident scenes, or promising "quick and easy settlements." This type of...
Avandia is a diabetes medicine and is GlaxoSmithKline's second-bestselling drug. We know that worldwide more than 6 million people have taken Avandia or Avandamet, since 1999. Additionally, there was $2.2 billion in U.S. Avandia sales reported by Glaxo and that is just for the year 2006.After conducting 42 clinical trials, The New England Journal of Medicine published doctor Steven Nissen's...
"Lawsuit abuse is costing your family $3500 per year" - this is the premise of ads from the US Chamber of Commerce being run on national cable stations. Well, the Chamber is basing their numbers on a Towers-Perrin Tillinghast analysis that examines the cost of ALL lawsuits, not just "abusive" ones. Is it the Chamber's job to decide what "lawsuit abuse" is anyway?Even the author of the study...
Although North Carolina requires motor vehicle owners to have liability insurance on all vehicles, the level of the required coverage is low. The law only requires liability insurance in the amount of $30,000.00 per person and $60,000.00 total for all occupants. With today's high cost of medical care, these limits are simply not enough.Therefore, it is important to have under-insured motorist...
North Carolina law requires that every motor vehicle be covered with at least $30,000 of liability insurance. However, with the high cost of medical care, in many cases $30,000 just is not enough. You should therefore protect you and your family from loss caused by a negligent driver with inadequate insurance coverage. This protection is afforded by purchasing underinsured motorist coverage....
By now, the entire personal injury world is well aware of the infamous dry cleaning pants lawsuit. Things took an ugly turn last week when Judge Roy L. Pearson finally lowered his demand........to $54 million! Judge Pearson's lawsuit has put a black eye on the personal injury profession and knocked down a wall of defense that respectable trial attorneys and organizations such as InjuryBoard and...
Tort liability evolved as a generalization of specific types of injuries, some of which occur outside the context of economic activity. The U.S. tort system is designed to reduce the number of injuries by providing incentives to exercise the appropriate standard of care. Tort law's diverse origins are reflected by and large in a heterogeneous body of state case law. Given that the origins of...
The days of society branding personal injury lawyers as simply "ambulance chasers" is over.....at least it should be. The fact is that personal injury lawyers are helping more victims today than ever before. Tort reform has brought the profession into the national spotlight, allowing the country to see that so-called "ambulance chasers" are actually activists for victims' rights.Personal...
Judge Kessler of Division One just handed down another one of his massive opinions (this is not a criticism, just an observation). He seems to be a prolific writer and, my guess, a prolific reader as well.The case, Dawson v. Withycombe, marks another important milestone in the development of Arizona's corporate law. It follows in the footsteps of Wells Fargo Bank v. Arizona Laborers, Teamsters...
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