The Wall Street Journal has an editorial with an anti products liability lawyer spin. No surprise. But what is surprising is that I agree with it. Considering Enron and other business collapses that left stockholders holding the bag with no actual picture of the company’s financial condition, the Financial Accounting…
The Baltimore Sun reports that the presidents of the University of Maryland, Towson University, Washington College, Johns Hopkins, Goucher College and Washington College among other schools have signed off on a letter urging Congress to lower the drinking age to 18, saying we need to stop relearning the lessons of…
On Monday the Montana Supreme Court ruled in a 5-2 decision that a father’s wrongful death medical malpractice claim on behalf of his 16-year-old son was time-barred. In Runstrom v. Allen, the plaintiff’ son sustained a broken femur in an ATV accident (I wonder if it was a Yahama Rhino…
Last week, I wrote a recent Missouri Supreme Court opinion that found that a driver could recover emotional damages in a lawsuit against the parent of a child killed in a truck accident. Today, I found Taylor v. Mucci, a Connecticut Supreme Court issued on Tuesday that reaches a different…
The Wall Street Journal has a good article online about the preemption battle that is being waged the FDA’s bureaucrats in the courts and in Congress. The last line of the article says that “Some drug companies are telling plaintiffs’ lawyers that if they settle their cases now, they won’t…
The California 2nd Court of Appeals issued an interesting opinion addressing the question of just how much of a plaintiff’s personal life is fair game of cross-examination in Winfred D. v. Michelin North America. (Random comment: Can we all use first names where there are the remotest of privacy issues…
The Missouri Supreme Court found last week that a truck driver not involved in a truck accident with another driver can sue for the emotional damages suffered when he saw the dead victim in the other car. I’m not sure the decision is legally wrong. But it would not fly…
There is an article in the New York Times today that concludes that it is best to settle most accident, malpractice, and breach of contract claims based on a recent study. The basis for the conclusion is a study suggesting that defendants made the wrong decision by proceeding to trial,…
New Maryland judges were announced today: District Court of Anne Arundel County: Henry Richard Duden, Eileen Anne Reilly, Shaem Charles Patrice Spencer Circuit Court Prince George’s County: Judge Leo Edward Green Jr. District Court Prince George’s County: George Richard Collins, Tiffany Hanna Anderson, Lawrence Vincent Hill Jr District Court Calvert…
The 11th Circuit Court of Appeals decided whether a debtor’s claims for legal relief that arose after the confirmation but before the completion of his plan to pay creditors are property of the estate, under Chapter 13 of the Bankruptcy Code. Here, after the debtors’ joint Chapter 13 plan was…