The United State Supreme Court has agreed to hear a case concerning an ERISA plan’s legal right to sue a plan participant for reimbursement. As John Wood explains, “This important issue typically arises when an ERISA health plan pays medical bills for an injured participant. If the participant recovers from…
The New England Journal of Medicine, hardly a tool of the plaintiff’s bar, has concerns that Merck not only played dodgeball but actually hid the ball. AP puts it this way: “Vioxx maker Merck & Co. concealed heart attacks suffered by three patients during a clinical study of the now-withdrawn…
Here is the latest news on the first federal MDL trial currently underway in Houston. The judge wants this case over quickly; the plaintiffs put on their case in less than five days and the defense has already called several witnesses. Here is a summary of a key witness for…
The Connecticut Supreme Court has ruled that an exculpatory clause in a form signed at a snowboarding and snowtubing facility did not bar the plaintiff’s claim. The Court rejected Plaintiff’s argument that the agreement was ambigious. The Court said “[w]e conclude that the agreement expressly and unambiguously purports to release…
The judge wanted it done quick – and the defense rested after just a few days of testimony. Read more here. The article says that the jury is expected to get the case by mid-day tomorrow (Thursday).
Ever had a lawsuit involving a horse? For example, have you ever had a horse and car collision case? A case where a person riding a horse got hurt? How about a case arising out of a breach of contract concerning the sale of a horse? Here is a site…
The defendant (Dr. Clark) in a civil case sued the plaintiff’s lawyers alleging “claims of negligence, intentional infliction of emotional distress, tortious interference with her business relationship with her insurance carrier and malicious prosecution. Dr. Clark sought compensatory and punitive damages arising from the filing and prosecution of the Dempsey…
Well, if you have, it is gone. You fellow bloggers know how it works and the rest of you probably have guessed what happens. The spammners attempt to post comments on blogs. Maybe I should appreciate all the wonderful people telling me where I can buy Viagra, how I can…
Do you remember that Florida capped fees in medical negligence litigation? Severely? If not, see this post. Well, lawyers for plaintiffs gave plaintiffs the opportunity to waive the cap. Certain members of the bar (most of them with connections to health care providers) asked the Florida Supreme Court to adopt…
Do you want to know how many people died in traffic wrecks in Tennessee? In North Dakota? On two-lane roads? On interstates? If so, see this report from NHTSA and the United States Department of Transportation. An excerpt: “In 2004, the Nation’s crash fatality rate per 100 million vehicle miles…