Injury & Accident Law

Lawsuit Lender’s Suit Against Disbarred Lawyer Reveals ‘Hefty’ Interest Charges

A lawsuit loan company that advanced $25,000 to an Atlanta lawyer and his law firm in exchange for a stake in the litigation has filed a lawsuit that shines a light on its high-interest financing method. The lawyer named as a defendant, Earl Davidson, has been disbarred for misusing trust…

Mar 27, 2008 2:22 PM CDT

Foreign Courts Look Askance at Punitive Damages

The awarding of punitive damages has long been accepted in the United States, but it’s rare in other countries. Most foreign courts view punitive damages as a windfall for plaintiffs, the New York Times reports. These courts say punishments should be meted out by the criminal justice system or by…

Mar 26, 2008 3:17 PM CDT

Calif. Court Reconsiders But Doesn’t Change Ford Punitives Verdict

A California appeals court is standing its ground and refusing to change an earlier ruling requiring Ford Motor Co. to pay $82.6 million in a rollover case. The U.S. Supreme Court had asked the California court to reconsider in light of its ruling in Philip Morris USA v. Williams, the…

Mar 11, 2008 5:49 PM CDT

Scruggs’ Downslide: His Cases Had ‘Big Enemies and Bad Results’

Recently indicted plaintiffs lawyer Richard Scruggs bolstered his reputation as a legendary plaintiffs lawyer in the 1990s when he won settlements for shipyard workers exposed to asbestos and helped force tobacco companies to pay a $248 billion settlement. But in more recent years, Scruggs foundered as he pursued difficult cases…

Mar 7, 2008 1:17 PM CST

A Slew of Lawyer Ads Follow Hepatitis Outbreak

Lawyers responded quickly after Las Vegas shut down an endoscopy center accused of reusing syringes and infecting at least six patients with hepatitis. They rushed to place ads seeking clients on the airwaves, in newspapers and on the Internet. One lawyer is seeking clients on Craigslist, the Las Vegas Sun…

Mar 5, 2008 4:05 PM CST

Test to Spot Liars Takes Center Stage in Personal Injury Cases

Expert witnesses are citing a test designed to spot those who are faking their pain in hundreds of court cases, prompting debate about its reliability. The so-called Fake Bad Scale was added to the Minnesota Multiphasic Personality Inventory last year, leading to its increasing use by expert witnesses in personal…

Mar 5, 2008 12:20 PM CST

Judge Allows Suit Blaming NBC News Show for Prosecutor’s Suicide

A federal judge in New York has refused to dismiss a $105 million lawsuit against Dateline NBC that blames a Texas prosecutor’s suicide on the show’s series about child predators. The suit was filed by Patricia Conradt, whose brother, Louis Conradt Jr., shot himself as television cameras waited to tape…

Feb 27, 2008 2:28 PM CST

Judge’s Widow Can’t Pursue Suit Claiming Overwork Caused His Death

The widow of a Connecticut judge who claims her husband died from overwork can’t sue the state under a special statute that extended the time limit for her to file suit. The Connecticut Supreme Court ruled Monday (PDF) that the law was unconstitutional because it was designed to benefit just…

Feb 27, 2008 1:09 PM CST

Federal Judge Loses Escalator Injury Suit, Lawyer Cites Bias

The lawyer for a federal judge who lost a $21 million lawsuit for an escalator injury is blaming bias against the judiciary for the verdict. California jurors deliberated only two hours before ruling against U.S. District Judge George Schiavelli of Los Angeles, who said he was injured when a shopping…

Feb 26, 2008 2:29 PM CST

Supreme Court Denies Cert in Consolidated West Virginia Tobacco Cases

The U.S. Supreme Court has refused to hear an appeal that sought to stop the consolidation of more than 1,000 lawsuits against tobacco companies in West Virginia. The cert petition by four tobacco companies asked the court to intervene before March 18, the date that the first phase of the…

Feb 25, 2008 4:14 PM CST

Judge Sues Man Who Pleaded Guilty to Shooting at Him

Judge Chuck Weller of Reno, Nev., has sued the man who pleaded guilty to injuring him by firing a shot through his courthouse window in 2006. Weller says in his suit that he suffers post-traumatic stress as a result of the attack, which left him and his secretary with shrapnel…

Feb 25, 2008 1:34 PM CST

Riegel Will Affect Many—But Not All—Medical Device Suits

Lawyers representing plaintiffs in lawsuits alleging injuries for medical devices were bracing for waves of dismissal motions after a U.S. Supreme Court ruling Wednesday. The court ruled in Riegel v. Medtronic that manufacturers of medical devices winning a rigorous pre-market approval from the Food and Drug Administration cannot be sued…

Feb 22, 2008 4:50 PM CST

Administration Pushes Pre-Emption Following High Court Victory

The Bush administration saw its stance on federal pre-emption validated in yesterday’s U.S. Supreme Court ruling barring lawsuits against the makers of preapproved medical devices. Now it will seek to expand the ruling in a new case relating to drug company liability. The U.S. Supreme Court ruled yesterday in Riegel…

Feb 21, 2008 3:38 PM CST

Company to Pay $5.2M Settlement in Cell Phone Crash Case

International Paper Co. has agreed to pay $5.2 million to a driver who lost her arm in a crash caused by an employee who had been talking on a cell phone. The injured driver, Debra Ford, had alleged she was rear-ended when the employee was talking on a company-supplied cell…

Feb 13, 2008 2:48 PM CST

Merck Agrees to $650M Settlement in Medicaid Health Care Fraud Case

Without admitting liability, Merck & Co. has agreed to pay a total of more than $650 million to plaintiffs including the federal government, 49 states and the District of Columbia, to settle allegations that the pharmaceutical company engaged in health care fraud by violating Medicaid rules. The settlement, according to…

Feb 7, 2008 9:30 PM CST