ATLA CEO Jon Haber’s Statement in Response to Bush’s Attacks Today on the Civil Justice System (Washington, DC)-ATLA CEO Jon Haber issued the following statement in response to Bush’s attacks today on the civil justice system: “It would take the President less than a minute to discover the number of…
Day on Torts
The State of the Vioxx Litigation
Here is probably the best article I have read about the status of Vioxx litigation after the New Jersey verdicts.
Lynn Swann Calls for Tort Reform
Lynn Swann, Republican candidate for Governor of Pennsylvania, has called for tort reform. Read more here. Yet another reason for me to dislike the Steelers (except the Bus – I think the Bus is fantastic.) Thanks to Torts Prof Blog for bringing this article to my attention.
Drug Sharer to Face Jury
Mr. Kasey shared his Oxycontin with another, who gave it to her boyfriend (at the same party) who it turn consumed the drug with alcohol. The recepient/user died in his sleep from the combination of the drugs. His mother sued Kasey. Kasey defended by arguing that he did not owe…
Error to Show Photos of Vehicles in Minor PD Case
Here is another decision that makes it reversible error to show photos of vehicles involved in a wreck, point out minor property damage, and then argue that the plaintiff could not have been injured. The New Jersey Appellate Division said this: “Given the narrow field of dispute, the photographs served…
Lanier v. Merck, Round 2, Post 21
The jury has punitive damages under consideration. Read more here.
Patient Wins Doctor’s Case Against Insurance Company
This doctor got hit for an excess verdict in a medical malpractice case. He assigned the patient his bad faith claim against his insurer, alleging that it refused to settle the case within the policy limits and assigned him a lawyer with a conflict. The patient won compensatory and punitive…
Lanier v. Merck, Round 2, Post 22
The New Jersey jury awarded $9.0 Million in punitive damages. Perfect. Within the range of reason. Merck will suffer the sting of the shilling but not be able to argue that it took a head shot. Recall that punitives were capped at $22.5M. Nice work. BIG NEWS: Under New Jersey…
Off Topic – A Political Comment.
Read this, please: “John Fund [of the WSJ], after discussing how disgruntled the GOP base may be, has it exactly right: ‘Republicans have appeared to the world to be as unprincipled and rudderless as the politicians they campaigned against back in 1994. Unless they change course dramatically in the seven…
Full Recovery of Medical Expenses Permitted
The Arizona Court of Appeals has decided that a plaintiff can recover the full value of her medical bills in a tort case and that the amount of the bills should not be reduced by contractual discounts. The case is Lopez v. Safeway Stores, Inc. (2 CA-CV 2005-0057, 2/28/06). The…