After several states passed tort reform legislation in 2004, the Economic Policy Institute published a report titled “The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits,” that revealed a number of important flaws in the argument for the necessity for and benefit from tort reform. Many
Tort reform has sullied the political landscape of this country for years. A set of proposed laws and regulations at both the state and federal level, one central aim of tort reform is to limit the compensation an injured party can recover in a personal injury lawsuit, or “tort,” attempting to “save” health care from
WARNING: Xarelto Linked to Fatal Internal Bleeding, No Reversal Agent Recently, the anticoagulant drug Xarelto (rivaroxaban) has come under increased scrutiny by both the United States Food and Drug Administration and medical professionals alike, citing an increased risk for internal bleeding. Unfortunately, there is as yet no reversal agent for the drug. Due to inadequate
Though most car accident claims are settled before a trial, some cannot be. Sometimes, it isn’t clear who caused the accident. Other times, it is clear who caused the accident but there is disagreement over a fair settlement. Every state’s court system is different, but the general process is fairly similar. The case will most
We all knew this was coming: A Florida maritime law firm has filed a class-action lawsuit on behalf of passengers aboard the ill-fated Carnival Triumph. The federal lawsuit, filed Monday in Florida, says that Carnival Corp. was negligent for allowing Triumph to embark on the failed cruise when the company was aware the ship was
New York has an old and somewhat unique law that holds a variety of parties responsible whenever anyone is injured on a scaffold. Not surprisingly, contractors want it repealed: Mike Elmendorf, president of the state Association of General Contractors, says more than 150 people from across New York will be at the state Capitol Tuesday
Generally speaking, California is where a plaintiff is best off bringing a product liability lawsuit. But not always, as shown by this defense verdict in a case against a helmet manufacturer. Lawyers for Richard and Kandy Eubanks had asked for $18 million in damages, most of it for the future lifetime care of their 20-year-old son, Justin, who
Somewhat coincidentally, I drove past a Medtronic facility the day this was announced. “Medtronic is pleased we were able to negotiate terms that were mutually agreeable to the parties,” Christopher Garland, a company spokesman, said in a telephone interview. The settlement covers about 8,100 cases, or “virtually all” U.S. claims, Garland said. The settlement resolves
One of the little frustrations that pop up in every product liability lawsuit is ordering medical records. Ordering medical records is always complicated, expensive, and takes too long. What should be a relatively simple process can turn into a multiple-month ordeal in which the medical provider has to be contacted multiple times. While this lawsuit won’t make ordering medical
The Forbes law blog thinks they might be: The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure. * * * * Critics of Iqbal respond that unless they can get past the pleadings stage