The Chickens Have Come Home to Roost Oct 7, 2008
"Tort reform" became the mantra. Demonization of trial lawyers became the means. (Townhall.com)
Lebanon superintendent resigns Oct 7, 2008
In return, Robinson has agreed to drop his recent tort claim against board members Josh Wineteer and Rick Alexander. The district also will pay Robinson's attorney fees for the settlement negotiation, which amount to 6,000. (Albany Democrat-Herald, OR)
Supreme Court rejects Abu-Jamal's appeal Oct 7, 2008
The broader issue is known as "pre-emption," and the conservative majority court in recent years has given business interests limited protection from such tort actions. The justices seemed similarly inclined in this appeal. (CNN -- US)
The Future of Reputation: Gossip, Rumor, and Privacy online Oct 6, 2008
Too often, scholars' profusion of fine distinctions yields a demand for gossamer-delicate "balancing" by judges, or for tort remedies to genuine problems best addressed by other means. Though Solove's own avowed methodological preference is for a "bottom up" approach that proceeds from specific cases and controversies to more general conceptions, it's probably easier to begin with the more abstract Understanding Privacy. (Ars Technica)
Lawsuits are no substitute for agency's judgment Oct 6, 2008
Mass tort suits that challenge the adequacy of a medicine's labeling are no substitute for the FDA's expert scientific judgment. Importantly, in the Wyeth v. Levine case before the Supreme Court, the FDA's actions led to appropriate warnings on the drug's label. (Boston Globe -- Editorial)
TWO VIEWS: States need tool against lax fed enforcement of medical safety Oct 5, 2008
In his majority opinion, Justice Antonin Scalia -- no friend of the victims of corporate malfeasance and federal incompetence -- wrote that state tort laws disrupted the "federal scheme" and that the FDA is the sole determining body to approve medical devices. Scalia's so-called scheme subjects patients to possible death or debilitating conditions resulting from faulty medical devices approved by the FDA, while denying them the recourse of seeking compensation for damages in state courts. (Fresno Bee -- Opinion)
TWO VIEWS: Medical lawsuits will enrich lawyers, harm patients Oct 5, 2008
The act's sole purpose is to increase medical device manufacturers' exposure to tort liability ... If the proposed change in the law is enacted, a manufacturer may be liable if state tort law enunciates requirements that differ from the FDA's and permits a crazy-quilt pattern of mandates from state to state ... The Clinton administration didn't in the 1990s when it backed preemptive tort reform that saved the nation's dying general aviation industry. (Fresno Bee -- Opinion)
For the Supreme Court, a Term of Change Ahead Oct 4, 2008
Olson will argue that state tort actions are pre-empted by federal law. Frederick also represents the plaintiff in the other major pre-emption case of the term, set for argument Nov. 3: Wyeth v. Levine, asking whether the Food and Drug Administration's drug labeling requirements preclude suits in state court for harm caused by a drug manufactured by Wyeth. (Law.com)
Election shenanigans, gas debacle Oct 4, 2008
As a non-lawyer I feel that air and water quality are one of the few areas that one would expect the commerce clause of the constitution to cover without double-jointed acrobatic contortions of logic, aka: a plain text reading of that fine document ... Don t need any laws, just the common law nuisance tort. (Atlanta Journal-Constitution -- Opinion)
Big Island about to lose 4 more surgeons because of low pay Oct 4, 2008
"Green believes changing Hawai'i's climate for doctors could be easy."People are finally becoming more aware of the shortage on the Neighbor Islands, and that something needs to be done," Green said. "My goal is to get a compromise (on tort reform) and increase reimbursement. If you do that you'll be able to attract doctors to the state, the greatest place in the world to live. (Honolulu Advertiser)
$38.5 million settles 6 OHSU cases Oct 3, 2008
Medical - The decision, which follows talk of a new tort cap, may resolve financial and public-relations problems for OHSU Saturday, September 27, 2008 TED SICKINGER The Oregonian Staff ... It was the Clarke case that led the Oregon Supreme Court in December to eliminate a state tort cap that shielded OHSU and other state agencies from paying damage awards larger than $200,000. (OregonLive, OR -- Business)
Distinguished scholars join Chicagos faculty,its academic mission Oct 3, 2008
Ben-Shahar is currently working on a study of the shortfalls of mandated disclosure regimes, tort liability s distortion of incentives to repair defective products and a study of legal intervention in unconscionable contracts. He is a graduate of the Hebrew University in Jerusalem and Harvard Law School. (Univeristy of Chicago Chronicle, IL)
Supporting life the No. 1 issue Oct 3, 2008
I'm sorry, but your hunting analogy is not an effective retort to Omar's "god as an abortionist "statement ... Politicians need not talk about the abortion issue anymore than tort laws. (Bismarck Tribune, ND)
SVE approves deficit budget Oct 3, 2008
Positive balances are projected for the working cash, tort and HLS funds. Marenda said the deficit in the education fund is due to some one-time extraordinary expenses, but he did express his concerns about the operations and maintenance fund. (Princeton Bureau County Republican, IL)
Ivory Coast workers can't sue firms in U.S. Sep 25, 2008
The suit was filed under a law nearly as old as the United States - the 1789 Alien Tort Statute, which allows foreigners to file damages claims in U.S. courts for violations of international human rights. But the Ninth U.S. Circuit Court of Appeals in San Francisco said the workmen's allegations, even if proven, wouldn't show that any of the companies had violated well-established international law. (San Francisco Chronicle -- Crime)
More of this story Sep 25, 2008
Coffey said business, worker s comp, tort reform and gas prices are just some of the issues a Republican Senate would address. Job growth is another top priority. (Bartlesville Examiner-Enterprise, OK)
VISTA: Judge rebuffs call to kill Richart's contract Sep 25, 2008
Attorneys for Richart and the college countered that state law does not prohibit "tort" claims that any person can file if they believe they have been wrongly damaged by another person or organization. Nugent agreed with MiraCosta's take on the meaning of the law. (North County Times)
What China's tainted milk may not bring: lawsuits Sep 23, 2008
The 1986 principles of Chinese tort law do not allow citizens to claim damages for moral or spiritual suffering what US lawyers call "pain and suffering" only material damages to compensate for medical bills, for example. That is changing, however, and Chinese courts are increasingly granting moral damages. (Christian Science Monitor)
The cost of tragedy Sep 21, 2008
Peter H. Schuck, who specializes in tort law at Yale Law School, said some well-heeled companies likely settled to avoid bad publicity and the possibility of huge jury awards ... A 2006 change in the state's civil court procedures concerning large tort claims also made it more attractive for both sides to settle, said legal specialists. (Boston Globe)
The candidates on health care Sep 21, 2008
She also applauded McCain's support of tort reform to protect physicians from frivolous lawsuits. She said doctors often order unnecessary tests or studies for patients to protect themselves from lawsuits, but reforming the tort system eliminates the need for such unwarranted tests ... "Without tort reform we'll never be able to control the costs of medicine, and McCain realizes that's necessary," she said. (Waterloo-Cedar Falls Courier)
Bamberg County business leader honored by Gov. Sanford and DOC Sep 20, 2008
Fundamental reforms like workers comp reform, tort reform and income tax relief have increased our state s competitive edge and provided fertile ground for businesses to grow, invest and create jobs here. Our state s successes could not be achieved without the help and efforts of community and business leaders in every corner of the state and today we say thank to these ambassadors for economic development for their efforts to create jobs and economic opportunity in South Carolina, said Gov.... (Orangeburg Times and Democrat, SC)
Board calls on Robinson to resign (17) Sep 20, 2008
In July, Robinson filed a tort claim notice naming Alexander and Wineteer and other persons who may been complicit for damages sustained by him ... A tort claim notice is not a lawsuit, but does preserve the right of the filer to sue. (Lebanon Express, OR)
Board calls on Robinson to resign Sep 19, 2008
In July, Robinson filed a tort claim notice naming Alexander and Wineteer and other persons who may been complicit for damages sustained by him ... A tort claim notice is not a lawsuit, but does preserve the right of the filer to sue. (Lebanon Express, OR)
No trial for man who taped pal's arrest Sep 18, 2008
Tabor filed a tort claim with the city of Portland last week, notifying it that he planned to sue for $100 and a written policy saying that citizens have the right under the First Amendment to make video and audio records of police. John Snell: 503-294-5949; johnsnell@news. (OregonLive, OR -- News)
Health care reform must art with a plan to simplify Sep 18, 2008
So will a requirement for the reporting of medical errors similar to the Federal Aviation Administration's penalty-free reporting system (this would necessitate tort reform, but that's not a bad thing). I am sure others have ideas as good or better. (San Francisco Chronicle -- Opinion)
Board calls on Robinson to resign (32) Sep 18, 2008
In July, Robinson filed a tort claim notice naming Alexander and Wineteer and other persons who may been complicit for damages sustained by him ... A tort claim notice is not a lawsuit, but does preserve the right of the filer to sue. (Lebanon Express, OR)
N.Y. City's Qualms Turned Aside in 9/11 Cases Sep 17, 2008
Special masters and toxic tort specialists James A. Henderson of Cornell Law School, and Aaron D. Twerski, the former dean of Hofstra University School of Law, have been working with both sides to assemble a so-called severity chart to take what they term a "snapshot" of the most serious injuries and diseases. Hellerstein said he hoped the severity chart would help him establish priorities and find a way forward in litigation that threatens to extend for years. (Law.com)
Valley officials discuss future of health care Sep 17, 2008
Phil Hamilton, the benefits manager for Arizona's 140,000 state employees, predicted tort reform could cut health-care fees significantly. "It isn't the cost of the insurance, but the cost of practicing defensive medicine, ordering tests just so you can't be accused later of not doing them," he said. (AZCentral)
Wimbledon confirm move to prize money equality Sep 17, 2008
Women to receive same rewards as men for first time. Thursday February 22 2007 11:29 GMT. (Yahoo News -- Women's Issues)
Board to Robinson: Time to resign Sep 16, 2008
Robinson filed a tort claim this summer alleging Wineteer and Vice Chairman Rick Alexander had violated his contract. He said he has not yet filed a suit. (Albany Democrat-Herald, OR)
Tronox: EPA files Manville suit in New Jersey; ghost of Solutia could spook Anadarko, sources say Sep 16, 2008
A toxic pollution tort case in Pennsylvania involves roughly 4,000 plaintiffs, some of whom have brought wrongful death actions ... The Mississippi case filed in Columbus Circuit Court seeks USD 100m in toxic tort damages, according to Stephen Jamison, the pastor at plaintiff Marantha Faith Center. (FT.com -- Markets)
Individual Investor That Purchased Several Morgan Keegan Income Mutual Funds Filed An Arbitration Claim Against Morgan Keegan, The Law Firm of Napoli Bern Ripka Announces -- RHY, RMH, RMA and RSF Sep 16, 2008
In addition to Stock Fraud claims, the firm represents clients in personal injury matters, medical and other professional malpractice, and pharmaceutical products liability (diet drugs, Rezulin, Trasylol, Factor 8) as well as toxic tort and other environmental claims. The firm has more than 60 years of combined litigation experience in trial and appellate courts. (Primezone Releases)
Google May Move Supercomputers Offshore Sep 16, 2008
They could have data centers on the Moon and they would still be subject to US criminal and tort law. The cost to maintain a ship of this nature would likely make the ROI not worth it. (Newsmax)
Board recall scheduled for Oct.7 (15) Sep 16, 2008
Lebanon curmudgeon wrote on Sep 14, 2008 4:32 PM:" Lebanons schools used to teach great students. Lebanon school news was not... Board recall - "tort claims" - "buyouts" - "closed sessions" - "47 percent math failures" - "CARES recall skirmishes" - Lebanon High School has the lowest completion rate of any high school in the mid-valley. - Issues with PIE - Lebanon High School academies and so on.... At one time..."The citizens of Lebanon are to be praised for their great interest manifested along... (Lebanon Express, OR)
New investigation requested Sep 15, 2008
POCATELLO -- A Twin Falls attorney said the 5 million tort claim he recently filed against Idaho State University's Cooperative Wilderness Handicapped Outdoor Group on behalf of his clients will require a separate state agency to perform its own investigation of the program ... Joel Beck, the couple's attorney, said a state agency will have 90 days to conduct a "broad" investigation of C.W. HOG and resolve the tort claim ... "And everybody involved could take an opportunity to figure out what... (Pocatello Idaho State Journal, ID)
Legal paper asks high court to open secret docket Sep 14, 2008
Case Western Reserve University professor Ted Gup, a former investigative reporter for The Washington Post, believes that dockets are too often sealed in cases of vital public interest, such as tort cases over dangerous products. A lot of these cases deal with issues that are incredibly important to American citizens: issues of workers' rights, gender discrimination, age discrimination, First Amendment issues a whole panoply of subjects, said Gup, the author of Nation of Secrets: The Threat to... (Somerset Daily American, PA)
Traces of Drugs Pop Up in More Drinking Water Sep 14, 2008
Comment by Tort Reform - September 13, 2008 at Post a Comment. Name. (Wall Street Journal Blogs)
Lebanon board to meet in closed session Sep 14, 2008
In July, Robinson filed a tort claim against Alexander and Chairman Josh Wineteer, alleging interference with his contract. That, too, has been the subject for closed sessions. (Corvallis Gazette Times, OR)
New investigation requested Sep 14, 2008
POCATELLO -- A Twin Falls attorney said the 5 million tort claim he recently filed against Idaho State University's Cooperative Wilderness Handicapped Outdoor Group on behalf of his clients will require a separate state agency to perform its own investigation of the program ... Joel Beck, the couple's attorney, said a state agency will have 90 days to conduct a "broad" investigation of C.W. HOG and resolve the tort claim ... "And everybody involved could take an opportunity to figure out what... (Pocatello Idaho State Journal, ID)
Shortage will impact health care Sep 14, 2008
Decreased payor reimbursements, increasing administrative hassles and failure to pass meaningful tort reform are encouraging physicians to leave Florida and go to states like Texas and California, which are overwhelmed with physician applications. My fear is that physician workforce shortages will not become front-page news until those in a position to impact the process do so for the right reasons, not political pressure. (Florida Times-Union)
Two Chevron Lawyers Indicted in Ecuador Sep 13, 2008
But a lawyer for the Republic of Ecuador, C. MacNeil Mitchell of Winston & Strawn, told that the government is not involved in the environmental tort litigation -- and that Chevron's attempt to link the indictments to the environmental suit is part of the company's strategy to discredit the Ecuadorean courts ... After the environmental tort litigation began in Ecuador, Chevron filed suit in federal district court in Manhattan, seeking to compel arbitration of its agreements with Ecuador. (Law.com)
Legal paper asks high court to open secret docket Sep 13, 2008
Case Western Reserve University professor Ted Gup, a former investigative reporter for The Washington Post, believes that dockets are too often sealed in cases of vital public interest, such as tort cases over dangerous products. A lot of these cases deal with issues that are incredibly important to American citizens: issues of workers' rights, gender discrimination, age discrimination, First Amendment issues a whole panoply of subjects, said Gup, the author of Nation of Secrets: The Threat to... (Somerset Daily American, PA)
Houston Personal Injury Law Firm Williams Kherkher Provides Informational Resources for Injured Oil Rig Workers Sep 13, 2008
Williams Kherkher has handled thousands of cases and accumulated experience in personal injury, mass tort litigation, and maritime law. To learn more about Williams Kherkher, or to set up a consultation with an oil rig lawyer, call 800-220-9341. (Yahoo News -- Press Releases)
Claim filed in I.F. shooting Sep 13, 2008
IDAHO FALLS -- Parents of an Idaho Falls man fatally shot by a Bonneville County Sheriff's deputy during a chaotic car chase in February have filed a tort claim notice, naming Bonneville, Bingham and Bannock counties and numerous employees, as well as the Idaho Falls Police Department and several of its officers ... The tort claim notice filed on Aug. 21 by Randy and Jerilyn Rindfleisch seeks unspecified damages and makes numerous allegations, including the following. (Pocatello Idaho State Journal, ID)
Texas hospitals continue to reap benefits of tort reform, study shows Sep 12, 2008
Five years after the Texas Legislature passed major medical liability tort reform, a new study released by the shows the state s hospitals continue to see their liability costs drop, allowing them to reinvest those savings ... "Patients are the ultimate beneficiaries of the tort reform measures, says Dr. Dan Stultz, president and CEO of THA. "It's clear that hospitals are able to attract more specialty physicians and offer new or expanded services that have enhanced patients' access to care and... (Austin Business Journal, TX)
OHSU, trial lawyers agree on liability cap Sep 12, 2008
Many state agencies are covered by Oregon's tort cap, but OHSU has the most at stake because of the expense that comes with medical malpractice claims ... Without a tort cap, it's estimated that OHSU would have to spend about $20 million annually for claims reserves, insurance premiums and administrative costs. (KGW Northwest NewsChannel 8, OR -- Business)
Claim filed in I.F. shooting Sep 12, 2008
IDAHO FALLS -- Parents of an Idaho Falls man fatally shot by a Bonneville County Sheriff's deputy during a chaotic car chase in February have filed a tort claim notice, naming Bonneville, Bingham and Bannock counties and numerous employees, as well as the Idaho Falls Police Department and several of its officers ... The tort claim notice filed on Aug. 21 by Randy and Jerilyn Rindfleisch seeks unspecified damages and makes numerous allegations, including the following. (Pocatello Idaho State Journal, ID)
Knock, Knock Sep 12, 2008
More satisfying: In August a different taxpayer won a tort suit against the Franchise Tax Board. A Nevada jury ordered the California publicans to pay $388 million to Gilbert Hyatt for such shenanigans as rummaging through his trash and passing out his Social Security number to the media. (Forbes -- Business)
$182 Million Judgment Upheld Against PricewaterhouseCoopers Sep 11, 2008
The suit, filed in 1985, was the oldest federal tort case in New Jersey at the time it went to trial ... Although the term "deepening insolvency" was used throughout the litigation, Fuentes emphasized that the term referred only to "a measure of damages" and not a separate cause of action, and that the case was presented to the jury "based on traditional New Jersey tort damages.". (Law.com)
OHSU, Oregon trial lawyers agree on lawsuit cap Sep 11, 2008
OHSU is one many state agencies covered by Oregon's tort cap, but it has the most at stake given the frequency and size of its medical malpractice claims. An insurance consultant has estimated that without a tort cap, OHSU would have to spend about $20 million annually for claims reserves, insurance premiums and administrative costs. (OregonLive, OR -- News)
New investigation requested Sep 11, 2008
POCATELLO A Twin Falls attorney said the 5 million tort claim he recently filed against Idaho State University s Cooperative Wilderness Handicapped Outdoor Group on behalf of his clients will require a separate state agency to perform its own investigation of the program ... Joel Beck, the couple s attorney, said a state agency will have 90 days to conduct a broad investigation of C.W. HOG and resolve the tort claim ... Additionally, Brent Heers had previously expressed a desire to see some... (Pocatello Idaho State Journal, ID)
Claim filed in I.F. shooting Sep 11, 2008
IDAHO FALLS Parents of an Idaho Falls man fatally shot by a Bonneville County Sheriff s deputy during a chaotic car chase in February have filed a tort claim notice, naming Bonneville, Bingham and Bannock counties and numerous employees, as well as the Idaho Falls Police Department and several of its officers ... The tort claim notice filed on Aug. 21 by Randy and Jerilyn Rindfleisch seeks unspecified damages and makes numerous allegations, including the following. (Pocatello Idaho State Journal, ID)
City Council approves several upgrades Sep 11, 2008
The council opted to deny a pending tort claim by David Nathan Garrison. Article Rating. (Altus Times, OK)
Parents seeking $5M Sep 10, 2008
POCATELLO -- Brent and Margo Heer, whose son Erik Simnitt died when he was struck by a Jet Ski at American Falls Reservoir in July, recently filed a 5 million tort claim against a local outdoor recreational program ... The Heers' tort claim follows a 57 misdemeanor citation that the Power County prosecutor filed against C.W. HOG and contradicts statements the family made earlier in August about not wanting to file major charges against the ISU program. (Pocatello Idaho State Journal, ID)
Simmons resigns from YTB board Sep 10, 2008
Simmons, a personal injury and toxic tort attorney, stepped down from the Wood River, Ill. company s board Sept. 3, according to the filing. (St. Louis Business Journal, MO)
Judge Rules Product Liability Suit Pre-empted by Federal Vaccine Act Sep 9, 2008
A Philadelphia judge has ruled that a federal law governing the liability of pharmaceutical companies for drug vaccines pre-empts state tort claims of design defect and failure to warn in the products liability case of an 11-year-old boy who has autism ... New said Congress intended the Vaccine Act to pre-empt all state design defect claims without a case-by-case assessment if the vaccines' side effects were unavoidable because Congress didn't want instability in the vaccine market to be caused... (Law.com)
Tumor lawsuits filed - Helms, Gardner named as plaintiffs Sep 9, 2008
cubman wrote on Aug 28, 2008 8:14 AM:" Most, if not all, class action or tort lawyers take a percentage of the monies that are awarded in the suit. Happy, you are correct about this being the only way to get answers. Corporate Amercia chooses to play the game this way and it is most unfortunate, but it is what it is, so game on! ". Concerned California Boy wrote on Aug 28, 2008 8:26 AM:" Yup - innocent until proven guilty - it's simple - so prove 'em guilty. ". (Cameron Observer, MO)
Weather wipes 20pc off insurance profits Sep 9, 2008
Profits among listed insurers have been mixed over the past five years, but reforms by the Australian Prudential Regulation Authority (APRA)and in the area of tort law had benefited their bottom line, Mr Greig said. IAG posted a net loss of $261 million for 2007/08, following a 22 per cent hike in claims related to natural perils to $502 million and a $122 million impact from widening credit spreads. (The Australian)
TOSS SHELLY, PART 2 Sep 7, 2008
Two weeks ago, we laid out a host of other reasons for voters to show Shelly the door - like his blatant conflicts as a highly paid servant of the tort bar. But the risk of losing mayoral control, which has already shown signs of promise, is reason enough. (New York Post -- Opinions)
SPECIAL-INTEREST JOE Sep 7, 2008
That firm, SimmonsCooper - one of the nation's leading tort-law firms - used as its local counsel in Delaware a law firm whose partners included another Biden son, Beau, who'd obtained the contract ... (Biden, by the way, is one of DC's strongest supporters of the trial-lawyer industry - and his position as chairman of the Judiciary Committee is critical to the tort bar. (New York Post -- Opinions)
Federal Judge Dismisses Suit Alleging Cancer Risk From Cell Phone Use Sep 5, 2008
Although such an analysis is proper when conducting an "express pre-emption" inquiry, Padova found that it fell short for answer whether there should be "implied pre-emption" due to conflicts between state tort laws and federal regulations. "We see no justification for ignoring the FCC's clear authority under NEPA when analyzing conflict pre-emption," Padova wrote. (Law.com)
Texas Medical Liability Trust says it will cut rates again in 2009 Sep 5, 2008
TMLT has reduced insurance rates for Texas doctors each year since 2003, when state lawmakers passed tort reform legislation that capped damage awards against physicians and in turn kept practice insurance rates in check. With the new rate reduction, TMLT says its client physicians will have saved a total of $380 million in premiums over the six-year period. (Austin Business Journal, TX)
Law and reorder Sep 5, 2008
The debate on tort reform has reached New Jersey's courtrooms Friday, September 05, 2008 BY KATE COSCARELLI Newhouse News Service ... These tort reform efforts are nationwide ... What we've seen in New Jersey is there hasn't really been a tort reform effort in the business community for the past 10 years. (NJ.com -- Times)
2008 Republican National Convention: Remarks as Prepared for Delivery by Former Massachusetts Governor Mitt Romney Sep 4, 2008
It is to rein in government spending and to lower taxes, for taking a weed-whacker to excessive regulation and mandates, for putting a stop to tort windfalls, and to stand up to the Tyrannosaurus appetite of government unions. It is to pursue every source of energy security, from new efficiencies to renewables, from clean coal to non-CO2 producing nuclear, and the immediate drilling for more oil off of our shores. (PR Newswire)
Federal Judge Green-Lights Paxil Suit Over Teen's Suicide Sep 4, 2008
In dissent, U.S. Circuit Judge Thomas L. Ambro said he would have allowed both cases to go forward because "the FDA has for over three quarters of a century viewed state tort law as complementary to its warning regulations. Only for the last two years has it claimed otherwise.". Now Buckwalter has ruled that Colacicco cannot apply to a suit over an alleged Paxil-related suicide by a teenager. (Law.com)
