Articles Posted in Miscellaneous

Georgia passed a tort “deform” statute last year. One part of the legislation required a plaintiff to pay a defendant’s attorneys’ fees if the plaintiff did not obtain a judgment of at 25% higher than a defendant’s last offer of judgment.

A trial judge has struck down that provision, saying that “[b]y authorizing attorney’s fees to be awarded against plaintiffs who assert their right to prosecute their claims in court, secure a judgment in their favor, but fail to win as much damages as they hoped, the statute violates [Georgia’s Constitutional] guarantees that “[n]o person shall be deprived of the right to prosecute … [their] cause in any of the courts of this state.”

Here is an articledicussing the ruling.

The United States Supreme Court has refused to hear a case involving a class action certified by a Oklahoma judge involving 420,000 GM vehicles. The lawsuit alleges that the vehicles are equipped with airbags that deploy unnecessarily.

The problem is a software glich, later corrected by GM on other vehicles.

Senator Frist’s blind trust is a story that will not die – and now more information is coming forward.

Read the latest from the Miami Hearld and the AP.

You may remember that the Florida voters passed a cap on attorneys’ fees in medical malpractice cases. The constitutional amendment was pushed by Florida’s doctors. Fees are capped at 30% for the first $250,000 and 10% on any amount over $250,000.

Lawyers representing patients began asking them if they wanted to waive the cap of fees. The doctors then got a group of lawyers to petition the Florida Supreme Court to have the Court change its rules of professional conduct to limit attorney’s fees in medical malpractice cases. The doctor’s efforts is being led by former Florida Supreme Court Justice Stephen Grimes who works for Holland & Knight.

Grimes led an effort to get 54 lawyers to sign a petition to get the rules changed – Florida rules require at least 50 lawyers to sign a petition to start the process. Former Justice Grimes managed to get 19 lawyers from his firm to sign the petition – quite an amazing result given the fact that the firm advertises that it has “1200 lawyers and professionals.”

I love handling appeals. I prefer to be an appellee, and I would just as soon win and move on, but if we have to end up in an appellate court, I enjoy the work.

Here is a publication from the Defense Research Institute addressing various issues concerning appeals, including some legal writing tips.

Extreme Makeover is a disturbing show that takes advantage of poor self image and glorifies physical beauty. Deleese Williams did not make the final cut of the show and, she now alleges, the experience was so horrible that it caused her sister to take her own life. <a

According to one source, “Williams was videotaped recounting the ridicule she suffered as a child and her years in an abusive marriage to an ex-husband. Her lawsuit alleges that her husband and sisters were also interviewed and encouraged to make disparaging comments about her looks.Here is a copy of the complaint.

It appears that the contestant signed some sort of release before taking part in the activities that may have given rise to an actual appearance on the show.

How can some members of the Republican Party take a national disaster and turn it into a windfall for corporate America?

No-bid contracts for companies working to clean up the mess caused by Katrina? Of course, but there is more. Eliminate the need to pay the prevailing wage? Sure.

How about tort reform?

The NYT has a great article today about the issue of conflicts between physicians and the medical device industry. The information about the cost of medical devices and the disparity between the costs of the devices at different hospitials is shocking.

Are you one of those people who say that politics doesn’t matter to you or your practice? Do you refuse to get involved in political campaigns? Do you “just say no” to a request for a political contribution?

Well, those who want to take away the rights of your clients have a different view. Excample: Michigan. Michigan tort law is a shadow of its former self. The Legislature has gutted the common law of torts in Michigan and the Michigan Supreme Court readily and frequently irrigates the open wound.

This article from the Free Press gives you an idea of the frustration that the lay public is beginning to experience.