Tag Archives: catastrophic injury

Another Falsified Logbook, Another Preventable Truck Accident Death

Like with the patient safety violations at Gosnell's clinic, I hate seeing articles describing tragedies that mirror my cases, tragedies would have been avoided if we simply had better laws or law enforcement. Like the article in today's Inquirer: A truck driver who plowed his 77,000-pound rig into an Infiniti on the Schuylkill Expressway in 2009, killing a Fort Washington man, was charged by federal prosecutors yesterday with lying about breaks he was supposed to take on the road. Authorities said that Valerijs Nikolaevich Belovs, 57, of Northeast Philadelphia, falsified his driver daily logbooks between Dec. 20, 2008, and Jan. ... Continue Reading

Tweet Like Email LinkedIn

Don’t Take Cases That Don’t Fit In Your Firm’s Portfolio

Ronald V. Miller, Jr. at Maryland Injury Lawyer Blog notes: The Insurance Journal reports a rise in legal malpractice claims. Incredibly, there has been no hand wringing about increased malpractice rates for lawyers or fears that lawyers will no longer be able to keep their practices open as their insurance rates rise. We have never had a legal malpractice claim yet our rates continue to increase. No one cries for us. A part of the rise in the number of legal malpractice claims is countersuits against lawyers who are suing their clients to pay their bill. But I think the ... Continue Reading

Tweet Like Email LinkedIn

Tort Reform and the Politics of Assumption of Risk at Notre Dame

Readers here are doubtlessly familiar with the tragic death of Declan Sullivan. Unfortunately, Declan's death was not, in the big sense, unusual: every day, people die in the course of jobs they suspect to be dangerous. The intense media focus on Declan's case, however, gives us a unique opportunity to explore the serious — and usually unknown to the public — issue of when an employer bears responsibility for the apparent risks of the job. Back in the Gilded Age, the doctrine of "assumption of risk" routinely precluded employees (really, anyone) from suing the major corporations which caused their injuries. If ... Continue Reading

Tweet Like Email LinkedIn

E.D.Pa. Shoots From The Hip In Assessing Value of Medicaid / Medicare Lien In Personal Injury Settlement

One of the big issues that's been floating around the personal injury / wrongful death world over the past few years is the extent to which states can recoup the money they spent on an injured person's care if that person later sues the person who caused the injury and obtains a settlement. The Supreme Court gave us a partial answer in Arkansas Dept. of Health and Human Servs. v. Ahlborn: There is no question that the State can require an assignment of the right, or chose in action, to receive payments for medical care. So much is expressly provided ... Continue Reading

Tweet Like Email LinkedIn

Bruesewitz v. Wyeth: A Preemption Prelude To Autism Litigation?

Last week, the Supreme Court agreed to hear Bruesewitz v. Wyeth. The case will decide: Whether Section 22(b)(1) of the National Childhood Vaccine Injury Act of 1986 — which expressly preempts certain design defect claims against vaccine manufacturers “if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning” — preempts all vaccine design defect claims, regardless whether the vaccine’s side effects were unavoidable. The relevant briefs and opinions are available at SCOTUSBlog. There's an old saying that lawyers and judges bat around, "reasonable ... Continue Reading

Tweet Like Email LinkedIn

A Detailed Look At The Hurt Locker Lawsuit

  The producers of the Oscar-nominated The Hurt Locker, which Roger Ebert* deemed the second best film of the decade, were just sued by Sgt. Jeffrey Sarver, a former explosive ordinance disposal technician with the 788th Ordinance Company, with whom journalist Mark Boal — the writer of The Hurt Locker — was “embedded” on assignment for Playboy Magazine. The complaint, filed in the United States District Court for the District of New Jersey (where Sgt. Sarver lived during the relevant times), gives some examples of the similarities: The title “The Hurt Locker” – Plaintiff originated this term and said it often ... Continue Reading

Tweet Like Email LinkedIn

Why Was The “Reptile” Trial Advocacy Book Admitted Into A Wrongful Death Trial?

At the Fulton County Daily Report: For $95, plaintiffs lawyers can buy a book that teaches them how to appeal to jurors' basic survival instincts, those that emanate from humans' "Reptilian" brains. ... But in a DeKalb County wrongful death trial last month, [Plaintiffs lawyer Don] Keenan found that defense lawyers will also buy the book, "Reptile: The 2009 Manual of the Plaintiff's Revolution" -- and use it against him. Representing a movie theater and a security company accused of not doing enough to prevent a fatal gang shooting in the theater parking lot, W. Winston Briggs and Matthew G. ... Continue Reading

Tweet Like Email LinkedIn

A Mountain Dew, A Body In The Trunk, and The Wacky World Of Probable Cause and Qualified Immunity

Sometimes, a police officer's hunch is right: Columbia [Missouri] Police Officer Jessica McNabb pulled over then-19-year-old Daniel Sanders at Stadium Boulevard and Audubon Drive for running a red light and failing to use his headlights at night. Sanders didn't have a license. He asked for an attorney almost immediately. After a search of the trunk, McNabb found the body of Sanders' mother beneath a tire — next to a new shovel with the price tag still on it. Sometimes not: Jordan Miles, who is black, thought his life was in jeopardy when three white men jumped out of a car ... Continue Reading

Tweet Like Email LinkedIn

Blackwater Settles Iraqi Racketeering, Alien Tort Statute and War Crimes Act Claims

JURIST Paper Chase reports: US security firm Blackwater [JURIST news archive] on Wednesday reached a settlement agreement in seven federal lawsuits filed by Iraqi citizens. The suits claimed that Blackwater, now known as Xe, created a reckless culture [AP report] that resulted in numerous deaths, including the deaths of 17 Iraqi civilians [JURIST reports] in September 2007 and the 2006 killing of an Iraqi guard. The suits accused Blackwater founder Erik Prince of personal responsibility. The terms of the settlement have not been made public, but Xe said in a statement that it is "pleased" with the resolution. The settlement ... Continue Reading

Tweet Like Email LinkedIn

Are You Being Properly Joined And Served? Plaintiffs Are Winning The 28 U.S.C. § 1441(b) Removal Debate

"Removal" is the process by which a defendant in a state court case "removes" the case to federal court. 28 U.S.C. § 1441(b) makes it sound so simple: Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is ... Continue Reading

Tweet Like Email LinkedIn