August 15, 2008
Personal Injury Roundup No. 3 (8/15/2008)
Week 3 of the Roundup finds most TortsProfs preparing to return to the classroom. Here's what happened while the syllabi and final footnotes were polished.
Reform, Legislation, Policy
- Attorneys consider a constitutional challenge to Maryland's cap on punitive damages ($650,000 per instance) after a judge reduces a malpractice award from $4.5 million to $1.3 million. [Gazette.net via Wood/Point of Law]
- "Tort Reform Panic on the Right?" [Wahlstrom/Legal Broadcast Network, commentary by Franklin/Tort Deform]
- President signs new CPSC bill [Consumer Reports, Point of Law].
- Donald Trump files a privacy suit against his former law firm for using his name and image "for advertising purposes." [ABA Journal]
- Is Big Caffeine the Next Target? [Frank/Overlawyered] I sure hope not.
- Investors in alleged real estate scam sue the lawyers. [NY Law Journal/law.com]
Experts & Science
- John Day points his readers to a recent Missouri ruling allowing experts to testify in a res ipsa infection case. [Day on Torts]
Trials, Settlements & Other Ends
- Jury awards $500,000 against Cohen Milstein for legal malpractice. [Legal Times/law.com]
- Plame can't sue the government officials who allegedly revealed her secret identity. [ABA Journal, Denniston/SCOTUS Blog]
- Landlord who wouldn't rent to a family because of lead paint must pay $4,000. [LegalNewsline]
- Texas Plaintiffs suing over bone-building drugs Aredia and Zometa are preempted. [Prince/Products Liability Prof Blog]
- PA woman wins $2.78 million in med mal verdict for "chronic and excruciating pain" following an attempt to remove contraceptive implant rods and "unnecessary" neck surgery. [Delco Times]
- Saudis can't be sued in 9/11 suit [WSJ Law Blog]
- Summary judgment in favor of Honda was reversed by the Sixth Circuit because the consumer expectations test applies to air bags. [Prince/Products Liability Prof Blog]
- Wyeth v. Levine [WSJ, Burch/Mass Tort Lit Blog]
- Kentucky volunteer fire departments could lose the benefit of sovereign immunity. [Kentucky.com]
- USSC declines to decide the dispute over post-judgment interest on the punies award, but directs the Ninth Circuit to resolve it. [Cal Punitive Damages]
- CT Supreme Court reduced damages in worker's comp case because of claimant's smoking. [Conn. Law Tribue/law.com]
- More controversy on West Virginia Governor Joe Manchin III's decision to file an amicus brief with W.Va. Supreme Court in punitive damages appeal. [NY Times, Cal Punitive Damages]
- A jury in Utah has awarded punies of 16 times a substantial compensatory award; expect an appeal. [Cal Punitive Damages]
- Apparently a Dallas trial lawyer paid the monthly rent for John Edwards's former mistress to relocate. [ABA Journal stories here and here, Overlawyered]
- Health care costs to rise by 10% in 2009. [WaPo, HealthLawProf Blog]
- The Pop Tort has a mini-roundup of potential medical malpractice here.
- Should companies have to disclose the estimated costs of all continuing litigation? [Slater/WSJ Law Blog]
- Is cheating on a spouse relevant in a p.i. case? [Miller/Maryland Injury Lawyer Blog]
- Legaline interview with Gerry Spence [LegalTalkNetwork]
- A flight attendant is suing Victoria Osteen, wife of television evangelist Joel Osteen, for an alleged scuffle during a 2005 flight. I have no opinion as to the assault and battery aspects of the case. The "goofy" tag applies to the plaintiff's claim that she lost her faith based on the incident. [ABC News]
Shameless Self-Promotion (favorite posts of this week)
- Chris: O'Connell and Robinette Publish New Book on Tort Reform (Now that's shameless!)
- Bill: Lawyers & the presidential election
Thanks to: Bob Ambrogi
TrackBack URL for this entry:
Listed below are links to weblogs that reference Personal Injury Roundup No. 3 (8/15/2008):
Tracked on Sep 14, 2009 11:08:52 AM
I'm not saying I lost faith from the reports of Victoria Osteen hitting that woman. Hardly. But I think there is more method to the maddness of her thinking - in theory anyway - than to just label it goofy. Edwards, Spitzer, and this case do sort of make you look at people and you question a little more whether people are who they say they are. Assuming the allegations are true - HUGE assumption – they do lead you to believe that she is not a particularly nice person. Because no particularly nice person responds that way, even on a bad day. And, invariably, that makes you question her husband (rightly or wrongly).
I'm Catholic and when I first saw the guy, I thought he was a little goofy and did not pay much attention. But, I'll tell ya, I’m on his inspiration email list now. His message is a good one and you want to trust the messenger on these things.
Posted by: Ron Miller | Aug 18, 2008 7:47:32 AM
Hi, Ron. Thanks for your comment. If the Roundup was worth reading, you were a part of that.
I hesitated before I gave that the "goofy" label, but not very long. It strikes me that, after seeing numerous religious and political scandals, people should know not to tie their faith in God to the conduct of fallible human beings. Childhood cancer has been known to shake my faith. The fact that a minister's wife allegedly lost her temper does not.
Posted by: Chris Robinette | Aug 18, 2008 9:46:37 AM