Missouri has a cap on punitive damages. The cap is $500,000 or five times compensatory damages, whichever is greater. Kansas City Star reports that on November 2, 2011, the Missouri Supreme Court heard oral arguments in Estate of Max E. Overbey and Glenna J. Overbey v. Franklin, Case No. SC91369…
NPR reports that a recent meeting of the Society for Neuroscience discussed why brain damage occurs in premature births. Research has revealed that the most common cause of brain injury in premature infants is a lack of oxygen in the days and weeks after birth. Apparently, the lack of oxygen damages…
The Court of Appeals for the Third Circuit has had that equitable principles such as unjust enrichment apply to the subrogation rights of an employer under an ERISA plan. In U.S. Airways, Inc. v. McCrutchen, No. 10-383 (3rd Cir. Nov. 16, 2011), McCrutchen was seriously injured in a car wreck.…
Texas passed an extensive anti-patient reform of its medical malpractice laws in 2003. How’s it going for them? Public Citizen says that "while litigation over malpractice in Texas has plummeted since the caps were imposed, residents of Texas (except for people with financial connections to liability insurance companies and, to…
There are two things wrong with this post. First, it is not directly about tort law – it is about contract law. And this is supposed to be a blog about tort law. So perhaps this post shouldn’t be here. Second, this post is about a victory our firm had…
Aggie Spirit took exception to my suggestion that Herman Cain encourage the NRA to waive the confidentiality provisions of the settlement agreements with the women who lodged sexual harassment charges against him. This was AggieSpirit’s comment:: I am sure your position as a trial lawyer (and likely member of ATLA)…
A New York Appellate Court has ruled in Patterson v. Turner Construction that a defendant in a personal injury case does not have an unfettered right to access the plaintiff’s Facebook account. Instead, the defendant can seek only to that which is “relevant, in that it contradicts or conflicts with…
Table saws are dangerous – but they don’t have to be. Stephen Gass developed technology called "Saw Stop" that prevents cuts and amputations when using table saws and other types of saws. Read this white paper to see how the Saw Stop system works. This video describes the system and…
A man with a student pilot’s license crashed into a home, killing himself and his minor daughter. The deceased child’s mother brought suit against the local aviation board and others for permitting him to take off in the plane despite the absence of a pilot’s license, seeking damages for the…
Herman Cain has been accused of sexual harassment. He denies the allegations. What about the women who asserted the claims? The ones who allegedly received money from the National Restaurant Association, Mr. Cain’s employer at the time? What do they say? Apparently, they aren’t saying anything because as a condition…