The 11th Circuit has reversed a jury verdict in favor of Toyota in a seat belt case, holding that the judge should have instructed the jury on the consumer expectation test. The judge only instructed on the risk-utility test. The judge was applying Florida law and the 11th Circuit ruled…
State Court New Jersey September 12 State Court Houston October (exact date unknown) Federal Court New Orleans Nov. 28, Federal Court New Orleans, Feb. 13, 2006 Federal Court New Orleans, March 13, 2006 Federal Court New Orleans, April 10, 2006 By the way, according to this article in the New…
The Maryland Court of Appeals has ruled that a defendant may use photos showing relatively little property damage to a vehicle to argue that the plaintiff did not have a significant personal injury. The decision is Mason v. Lynch. There is also a great dissent on the issue; it makes…
OK – so it is a recycled joke. Most of them are. How many Bush administration officials does it take to change a light bulb? Ten 1. One to deny that a light bulb needs to be changed; 2. One to attack the patriotism of anyone who says the light…
I wrote the other day about Rev. Robertson’s suggestion that the United States kill a foreign leader. Here is the post. August 22, 2005: Believe it or not there are people who get there news from Pat Robertson. This man, who runs a tax-exempt empire that he holds out as…
I mentioned the other day that we would be hosting a couple of seminars in December, the first designed to help newer lawyers and the second designed for those with a little more experience. You can read more about both programs, and register on-line, by clicking here.
Another state has ruled tht a plaintiff “may present to the jury the amount that her health care providers initially billed for services rendered” rather than the amount paid by the plaintiff’s insurer. The case is Arthur v. Catour; read the opinion of the Illinois Supreme Court here. The decision…
Believe it or not there are people who get there news from Pat Robertson. This man, who runs a tax-exempt empire that he holds out as a church, now has called for the assassination of the leader of a foreign country. What does the rest of the world – particularly…
The Illinois Court of Appeals remanded a wrongful death case for trial on behalf of a child who died in a fire started by a lighter that lacked child-resistent features. Name of the lighter: “Aim ‘n Flame.” The court found that the jury could have reasonably concluded that the risks…
The next Vioxx trial in September 12 in New Jersey.