Personal Injury Resources

Click through for the car accident case involving the active duty servicewoman.

They sue passengers in car accidents where the passenger is not the owner of the car.

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Read more from this blogger: Exhibit A: Why Americans Hate Trial Lawyers

A vote to reduce medical malpractice suits.

I think we should make medical malpractice claims harder to file and raise the bar for proving wrongdoing. I believe we need to insulate pharmaceutical companies from exorbitant legal costs arising from unforseen complications of new drugs. The way I see it is if the FDA approved this medication for the public then they should share in the cost of any legal ramifications later. This would dramatically reduce the cost to medical professionals, health care provider and pharmacutical companies.

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Read more from this blogger: Health Care in Crisis

Presidential hopeful John Edwards was a successful malpractice lawyer.

Warner’s withdrawal does open up opportunities for other contenders fishing in the same pool, such as Indiana Senator Evan Bayh, and John Edwards, John Kerry’s running mate in 2004. The intelligent, low-key Bayh has yet to get much traction, but Edwards’ economic populism and relative moderation on cultural and foreign policy issues make him a strong contender in early caucus and primary states such as Iowa (where he surprised many with a second-place showing last time), Nevada (which has moved its primary up and where organized labour, a group with which Edwards is popular, is the dominant presence in Democratic politics) and his native North Carolina. Moreover, trial lawyers, while anathema in upscale Republican circles, are heroes in much of the south, where class action law suits are often seen as the “little guy”’s only option in getting his due. Edwards’ fellow trial lawyers also provide him with a ready-made donor base, one that helped him in 2004 and could do so again.

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Read more from this blogger: The Race for 2008 after Warner

The St. Paul Fire & Marine Insurance Company v. Barry case on medical malpractice insurance deals with what information sole-source insurance companies may request.

The exemption has been controversial, and Lott is reviving an old debate. The issue is not (and this may disappoint Mr. Lott) whether nice distinctions between flood damage and storm damage after a hurricane reflect positively on the insurance industry. The problem is that much of the insurance industry is not effectively regulated. The exemption from federal antitrust laws goes much further than the state-action doctrine and ties only to the existence of a state statute, without requiring actual state regulation or effective oversight. This low standard (established in 1958 by the Supreme Court in FTC v. National Casualty Co.) means that purely private collusion that harms competition remains unchecked either by real state regulation and oversight or the federal antitrust laws. The “boycott, coercion or intimitadation” clause provides little or no protection, as it is accepted that insurances may coordinate in the development of forms—Section 1 of the Sherman Act does not apply, for example, if insurance companies agree among themselves to exclude flood damage from home-owners insurance policies. (The Supreme Court did consider it a boycott when three insurance companies agreed no longer to offer medical malpractice insurance at all, leaving a fourth insurance company in a position to dictate terms to the insureds. St. Paul Fire & Marine Ins. Co. v. Barry.) And who can seriously say that the modern insurance industry isn’t engaged in interstate commerce?

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Read more from this blogger: Lott to Take on McCarran-Ferguson?

Regular doctors get medical malpractice suits, while TV doctors get class action lawsuits.

Seems like the love affair with Dr. Phil has come to an end. Perhaps he should have stayed with giving relationship advise, because his diet plan is complete crap. “Dr. Phil” was the recipient of a class action law suit that ended up in $10.5 million going back to his customers. Listen in to find out more, or click on the link to read it for yourself.

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Read more from this blogger: Dr. Phil’s Shape Up! is Crap

On the merits of mesothelioma and malpractice lawsuits.

Let’s take the legal system, a negative in both reports. It ought to be obvious to anyone who has followed the asbestos debacle or the medical malpractice issue that litigation has become an inefficient way to police the behavior of companies, executives and service professionals. But the only realistic alternative is regulation by government, which the business community opposes. You can’t have it both ways.

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Read more from this blogger: The Wonders of the Free Market.

From the Class Action Humor Dept.

The other day a young boy of perhaps 6 years old came into my office wanting to spearhead a Restriction of Trade Class Action law suit. He said his name was Peter and this is what happened:

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Read more from this blogger: Class Action