A recent story in the Minneapolis Tribune seemed to contradict a basic premise of premise liability cases and of personal injury law in general—that compensating people injured as a result of the negligence of another, a business in this case, is a way to convince the negligent party to change his or her conduct so […]

Charles Cullen was the infamous serial killer-nurse who from 1993 to 2003 admitted to killing 29 patients in various hospitals in New Jersey and eastern Pennsylvania. As a result of that case, a well-known personal injury law firm from Allentown brought an action against St. Luke’s Hospital of Lehigh Valley, a facility where Charles Cullen […]

For decades plaintiffs in personal injury have benefited from a legal doctrine called the collateral source rule. The rule permits plaintiffs who prevail in personal injury lawsuits to recover the full amount of medical expenses expended in their cases, regardless of whether a third party paid less than the billed amounts. The third parties are […]

The principle of joint and several liability has long existed in American jurisprudence to enable victims to collect their entire judgment from at least one defendant in cases where multiple defendants have been found to be at fault. The purpose of the law was to ensure that victims collect their full judgment from at least […]

Florida is one of the leading states in the number of foreclosures filed. Although there has been a recent drop in the number of foreclosures filed, the rate is expected to increase. Last year, it was revealed that huge numbers of foreclosures were being filed by banks and other lenders with documents that had been […]

There are 30 states, including Puerto Rico and the Virgin Islands, which impose limits or caps on non-economic awards in medical malpractice cases. A handful of states have ruled that such limits are unconstitutional. In 2010, Georgia ruled that its limit on non-economic awards in medical negligence cases was in violation of the Seventh Amendment […]

The largest multi-state consumer protection-based pharmaceutical marketing class action suit in history has settled. Pharmaceutical giant, AstraZeneca Pharmaceuticals LP, a London-based corporation, has agreed to pay New York, the District of Columbia, and 36 other states $68.5 million over marketing claims for its anti-psychotic medication, Seroquel. AstraZeneca, which had about $32.8 billion in sales in […]

Once again, Republican lawmakers are seeking “tort reform” measures that would act to benefit corporations and harm those injured by corporate negligence. Republican Bill Haslam has proposed a bill that would not only amend but effectively gut Tennessee’s Consumer Protection Act. The bill would amend the present law as follows: – Place a limit on […]

Motorcycle helmet laws have been the bane of motorcyclists since states began requiring all riders to wear them. Although it is obvious to anyone that wearing helmets saves lives and minimizes the risk of serious head trauma, riders have insisted that the risk is all theirs and that no one else is at risk if […]

Republicans have long sought to reform the tort system, insisting that the high cost of medical care is due in large part to excessive jury verdicts in medical malpractice cases, and to health providers who feel they have to prescribe whole regimens of unnecessary or redundant tests out of fear of being sued. Democrats have […]