Tort Law

Doc Wants Tort Review Board

A physician is urging the creation of a Tort Review Board to review medical liability cases. In a letter to the Wall Street Journal, Jay Ankeney, a retired surgery professor at Case Western’s medical school, says the medical profession needs to take an active role in preventing “pseudo-science” from being…

Jan 11, 2008 6:48 PM CST

Lawyer Says Subprime Suits Could Be ‘Bigger Than Enron’

A lawyer at a well-known British firm says a wave of lawsuits being filed over subprime mortgage issues could eventually exceed the scope of the litigation over the infamous Enron debacle. “In terms of the potential numbers of lawsuits, the subprime crisis could be bigger than Enron,” Tim House, an…

Jan 11, 2008 4:49 PM CST

Tort Reformers Blast Trial Lawyers’ Websites

A national tort reform group is highlighting a recent study by a medical think tank that criticizes Internet sites created by trial attorneys, contending that they are a significant source of inaccurate medical information, and they are calling for increased regulation of the websites. A newly issued report (PDF) by…

Jan 10, 2008 8:43 PM CST

Thousands of Fla. Tobacco Suits Filed as Deadline Looms

When the Florida Supreme Court in 2006 invalidated a $145 million punitive damages award in a class action case against the tobacco industry, it gave the plaintiffs a year to file individual claims, starting on Jan. 11, 2007. At the same time, the court also made it easier for the…

Jan 10, 2008 6:35 PM CST

Vioxx Deal Likely to Survive, Lawyer Says

A plaintiffs’ lawyer who helped negotiate a proposed Vioxx settlement is optimistic that enough plaintiffs will accept the deal to allow it to survive. The deal requires at least 85 percent of plaintiffs who claim Vioxx caused their heart attacks or strokes to enroll in the deal by Feb. 29.…

Jan 10, 2008 12:42 PM CST

Fla. Field-Workers File Class Action Claiming Wage Violations

In an unusual move that has caught the attention of local South Florida residents, several field-workers have filed a federal lawsuit contending that the owner of the farm at which they have been harvesting beans for years has underpaid them and hundreds of other laborers. The basis of their suit,…

Jan 9, 2008 10:12 PM CST

Lawyer Sues Fla. Bar Over Bad Ad

Five years ago, the Florida Bar reportedly OK’d attorney Bill Harrell’s use of the phrase “Don’t settle for less than you deserve” in his law firm advertising. But now it has determined that the slogan Harrell has been using since 2002 to “brand” his well-known Jacksonville law firm conflicts with…

Jan 9, 2008 9:32 PM CST

Seinfelds Sued Over Cookbook Spat

The author of a children’s cookbook called The Sneaky Chef, with healthy recipes for kids using pureed vegetables, has filed a suit that contends a cookbook written by Jerry Seinfeld’s wife infringes her copyright. The plaintiff, Missy Chase Lapine, had done extensive research to find ways to camouflage fruits and…

Jan 8, 2008 7:50 PM CST

N.H. City Says Attorney Malpractice Nixed Insurance

A New Hampshire municipality has sued its former legal counsel for malpractice, contending that he not only failed to appropriately advise the city of Claremont of the legal risks associated with firing the city tax assessor in 2000 but also failed to advise the city that the tax assessor, Steve…

Jan 7, 2008 9:17 PM CST

Clemens Sues Ex-Trainer for Defamation Over Steroid Allegations

Roger Clemens filed a defamation lawsuit last night against the trainer who says he injected the pitcher with steroids and human growth hormones. Clemens’ lawyer, Rusty Hardin, told the Houston Chronicle the suit against trainer Brian McNamee was not filed for money. Instead, Hardin said his client wants to restore…

Jan 7, 2008 2:33 PM CST

Boy Injured in China Gets $3.35M Verdict in Mass.

The escalator accident that left a 4-year-old’s hand severely injured, happened in China. But American jurors decided the case, this week awarding $3.35 million after a trial in Massachusetts. In addition to holding the escalator’s Chinese manufacturer liable, a jury in Worcester Superior Court held the U.S.-based Otis Elevator Co.…

Jan 4, 2008 9:37 PM CST

Paralegal Sues Holland & Knight for Raising Conflict that Cost Her a Job

A paralegal has sued Holland & Knight for tortious interference for raising concerns about a conflict of interest caused by her planned move to a new law firm. Paralegal Patricia Dillman had landed a new $200,000 job at Hughes Hubbard & Reed when the offer was abruptly withdrawn because of…

Jan 3, 2008 7:54 PM CST

State Street Corp. Readies for Lawsuits Related to Subprime Losses

State Street Corp. is reserving $618 million to fund legal and other costs after customer complaints that they were improperly exposed to investments in subprime mortgages. The CEO of the unit subject to the complaints, State Street Global Advisors, is being replaced, the Wall Street Journal reports (sub. req.). The…

Jan 3, 2008 3:43 PM CST

Want to Take the N.Y. Bar Exam? Sign a Waiver

Those taking the New York bar exam on their laptops this February will be required to sign a new, detailed waiver protecting the state Board of Law Examiners from liability if the exam software malfunctions. The test takers will be using new software, following a glitch this summer that lost…

Jan 3, 2008 12:27 PM CST

Kirkland & Ellis Named ‘Litigation Department of the Year’

Kirkland & Ellis won the distinction of being American Lawyer magazine’s “Litigation Department of the Year” for its courtroom victories. What sets Kirkland apart from the pack “is the number of high-stakes, high-impact trials its lawyers have won since the start of 2006,” the magazine opines. Indeed, American Lawyer notes…

Jan 2, 2008 8:35 PM CST