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Thursday, September 02, 2010 10:16 am |
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Fox News reports the American Medical Association and 90 other medical groups sent a letter to the Treasury Department on Wednesday urging them to drop a proposal that would allow lawyers to deduct litigation expenses, which would “increase the cost of health care in our nation.”
John Stossel in the Washington Examiner writes that the Americans with Disabilities Act, while well-intentioned, has led to a “landslide of lawsuits by professional plaintiffs,” enriching plaintiffs’ lawyers and serial litigants at the cost of business owners and the disabled. Visit FacesOfLawsuitAbuse.org to see the effect frivolous ADA and other lawsuits have on small businesses.
A school district in West Virginia has decided to remove all swing sets from their playgrounds, citing increasing costs related to litigation, reports the Associated Press.
Pointing out that West Virginia was experiencing a doctor shortage before the legislature instituted a cap on non-economic medical malpractice awards, the Charleston Daily Mail hopes the state Supreme Court does not overturn the cap, which would “cause pain and suffering in the state as the exodus of physicians resumed.” |
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Wednesday, September 01, 2010 11:01 am |
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A federal ruling that upholds the ability of private plaintiffs to sue over expired or incorrectly marked patents could have devastating consequences, especially when coupled with a December court ruling that established a fine of $500 per violation (with half going to the individual whistleblower), the Wall Street Journal reports.
In an interview with the Financial Times, the chairman of the Financial Crisis Inquiry Commission acknowledged that he plans to release internal documents uncovered by the commission, despite concerns that such materials could be a “treasure trove for would-be litigants.”
The Missouri Supreme Court ruled that arbitration clauses cannot include provisions that prohibit class arbitration, reports the St. Louis Post-Dispatch. |
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Tuesday, August 31, 2010 12:31 pm |
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The Washington Post published a piece by a Memphis doctor explaining the debilitating effect that unfounded litigation has on the medical profession and lamenting the “missed opportunity” to reform the system along with the passage of the health-care overhaul.
The West Virginia Supreme Court will hear an appeal to overturn the state’s cap on medical malpractice awards, reports the Charleston Daily Mail. |
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Monday, August 30, 2010 10:50 am |
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The New York Times calls the plan proposed by oil spill administrator Ken Feinberg “magnanimous and fair,” joining the Wall Street Journal and Washington Post in publishing editorials applauding Mr. Feinberg’s work.
A federal judge rejected an attempt by plaintiffs’ lawyers to recoup an additional $6 million from their clients, which would be “unreasonable” considering they are already entitled to at least $150 million in fees. The lawyers are representing ground zero workers in their suit over health issues related to the 9/11 attacks. The Associated Press has the story.
A column in Corporate Counsel examines the efforts by the trial bar to overturn the Supreme Court’s Iqbal and Twombly decisions, warning that their “possible repeal is cause for grave concern.” |
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Friday, August 27, 2010 5:02 pm |
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Batman beware: the next time the Dark Knight sets off to foil the plans of a villainous mastermind determined to wreak havoc upon the good people of Gotham City, he better be gentle in his crime fighting efforts or else he could wind up embroiled in an expensive lawsuit. At least that’s the lesson to be learned from a contender in this month’s Most Ridiculous Lawsuit Poll, in which a would-be bicycle thief is suing the three men who captured him, claiming he is the victim of a rough citizen’s arrest....
Read More: August Most Ridiculous Lawsuit Poll |
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Friday, August 27, 2010 10:20 am |
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An editorial by the Washington Post encourages victims of the gulf oil spill to ignore the shrill “name-calling” by Attorney General Troy King and others directed at fund administrator Ken Feinberg and to decide for themselves whether to file claims.
Lawyers who represented the 9/11 first responders in a lawsuit against the city of New York have been called before the court to defend “ethically dubious” fees and expenses they charge to clients, reports the New York Times. |
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Thursday, August 26, 2010 11:25 am |
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The Wall Street Journal recognizes the difficult task of getting money to claimants quickly while trying to stamp out fraud that lies ahead for gulf oil spill administrator Ken Feinberg and commends his performance to date, all the while taking shots from tort lawyers and state AGs that are “afraid that they’ll be cut out of the action.” |
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Thursday, August 26, 2010 11:24 am |
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Corporate Counsel examines the negative possibilities of a proposed FASB rule that would require companies to disclose potential losses due to litigation, including ILR’s concern that the rule would “directly injure the financial interests of the very shareholders that the disclosure requirements are intended to protect.” |
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Wednesday, August 25, 2010 11:22 am |
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The Wall Street Journal warns that a pending lawsuit over the detainment of two U.S. citizens in Iraq “would create by judicial fiat a civil liability standard for wartime decisions” and would result in the trial bar “inserting itself into the chain of command.”
Responding to an increase in civil filings in the state, the California Legislature has approved a bill that seeks to streamline jury trials, including provisions to use smaller juries, limit argument times, and institute a range for damages, reports The Recorder. The bill, which offers “a middle path between arbitration or mediation and a laborious trial,” is awaiting the governor’s signature. |
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Tuesday, August 24, 2010 10:18 am |
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What effect will the Supreme Court’s recent Morrison ruling, which limits U.S. securities law “only to transactions in securities listed on domestic exchanges and domestic transactions in other securities,” have on shareholder litigation against BP? The American Lawyer pregames the case.
Reuters examines the broad implications of the final outcome of an Ecuadorian case seeking “massive damages” from Chevron, noting “it could set a precedent for similar cases in other countries against not only Chevron but other international oil companies.” |
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