Research indicates doctors are treated "unfairly" favorably as compared to how juries treat injured plaintiffs. Philip Peters Jr., of the University of Missouri-Columbia School of Law, has found through his research that most medical malpractice cases end in verdicts in favor of the Doctor. In fact only about 27 to 30 percent of medical malpractice cases result in verdicts in favor of the...
In 2005 Ohio passed a law limiting monetary damages in personal injury lawsuits. Lost wages are not affected but other damages were limited at $350,000 a person and $500,000 per incident. After the law was a passed a woman was afflicted with blood clots from using Ortho Evra, the birth control patch. She sued the manufacturer of the patch, Johnson & Johnson.Arbino's lawsuit sought damages of...
With all the food imports now coming from China we can only expect more instances of food contamination in our food supply. Malamine is an industrial by-product that Chinese suppliers added to exported wheat gluten to make it appear more valuable. In fact it just made the product dangerous and led to the death of many dogs and cats that lived on pet food made with this gluten. Look at any of...
Yesterday's thunderstorm in the Denver metro area serves as a good reminder that May is typically cloudy and wet. The storm dropped .62 inches of rain and hail for almost twenty minutes. To read about the effect of this storm on drivers around the metro area click here. The storm also reminds us to keep safe driving in mind when driving in bad weather and pay attention to the possibility of...
Lawyers are governed by a comprehensive set of ethical rules which, when violated, often lead to civil liability regardless of the ethical violation (e.g., stealing from clients), but what impact does a rule violation have on legal malpractice or other claims against a lawyer? Arizona's ethical rules contain the following Preamble: Violation of a Rule should not itself give rise to a cause of...
I know many are probably starting to read about the crazy lawyer (a judge, no less) who is suing a dry cleaners here in Washington, D.C. I've blogged about it (as have others) and it's starting to pick up some national momentum. Just wanted everyone to know that on the various lawyer listserves this guy is receiving universal condemnation! Since he is suing pro se, he's actually a good example...
Joe Francis of Girls Gone Wild has been in the press lately, mainly because he is reportedly losing it inside prison without his bottled water and anti-anxiety medication. The reason he is behind bars is a little more complicated, but it is basically because he pissed off a federal judge. Never a good move.Anyway, reading about him refreshed my memory that a respected colleague recently sued...
A 2-year-old girl in Miami was left sweltering in a car on the hottest day of the year so far, while her guardians shopped at a Miami plaza.Police received a call from witnesses that said they had spotted the 2-year-old girl sweating profusely and hysterically going back and forth between the seats of a car parked at a shopping center.Police say the child's 22-year-old aunt and 49-year-old...
An Autauga County jury awarded Dr. Gene Parker more than $1 million against a cemetery for fraud and breach of contract. Parker bought an "estate plot" from the cemetery's former owners which included landscaping, concrete walkways and a large family marker. The current owners redrew the plots, reducing their size so as no not to include space for the aformentioned amenities. Additionally, they...
Attorneys for former University of Alabama recruiting coordinator Ronnie Contrell will ask the Alabama Supreme Court to uphold a $30 million Tuscaloosa County jury verdict which was set aside. Cottrell filed a defamation suit against the NCAA and several other parties, including Tom Culpepper, in December of 2002. Tuscaloosa County Circuit Judge Steve Wilson dismissed the NCAA as defendants,...
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