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Keyword: torts

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  • Sued over cuts and grazes: Schools rip out playgrounds as compensation claims soar

    04/14/2013 1:49:00 AM PDT · by Olog-hai · 31 replies
    Sunday Express (UK) ^ | Sun., April 14, 2013 | David Paul
    Schools have begun ripping out swings and slides from playgrounds because they can no longer afford huge compensation payouts when children suffer minor cuts and grazes. The claims have become so common that even school trips to the seaside are being canceled in case pupils injure themselves while paddling in the sea and their parents then sue. Education authorities face big bills even if a child is hurt while defying school rules by climbing walls or trees. Lawyers all over the country are fueling the problem by offering parents no-win no-fee deals. Some firms have even set up telephone hotlines...
  • Lisa Blue: The Queen of Torts Texas trial lawyer power couple and former Democracy Alliance

    08/16/2012 5:42:32 PM PDT · by Nachum
    Washington Free Beacon ^ | 8/16/12 | Bill McMorris
    Editor’s Note: Details of the WFB’s Democracy Alliance exposé can be found here. The millionaire trial lawyer who helped keep John Edwards’ affair and lovechild with Rielle Hunter under wraps was also a member of the Democracy Alliance, a secretive liberal cash clearinghouse. Lisa Blue, a millionaire Texas trial lawyer with extensive ties to Washington lobbyists and the Obama administration, joined the group with her husband, the late Fred Baron, according to documents obtained by the Washington Free Beacon. The Barons were drawn to the group by the prospect of pushing the party farther to the left. “This is the...
  • Seesaws: A Vanishing Part Of America

    06/17/2011 4:36:33 PM PDT · by Fiji Hill · 41 replies
    Let's Be Fair! ^ | April 29, 2011 | Bob Dorigo Jones
    Seesaws: A Vanishing Part of America By Bob Dorigo Jones Can you remember the last time you saw a seesaw? I’m talking about an old fashioned teeter-totter – the kind without springs. If you are under the age of thirty, it’s very possible that you’ve never seen one. Although they were once a staple of playgrounds around the country, the lawsuit explosion in America prompted school officials and park superintendents to start removing them in the 1970s and 1980s. Philip Howard, a prominent attorney and the author of the bestselling book, The Death of Common Sense, wrote this about...
  • Slopes behind ropes: fear of lawsuits closing great New Jersey sledding hills

    02/02/2011 7:31:23 AM PST · by KeyLargo · 31 replies · 1+ views
    NJ.com ^ | January 26, 2011 | Brian Donohue
    <p>It's one of the simple, most wonderful pleasures of life: zooming down a snow-covered hill just fast enough for a touch of fear to quicken your pulse. Maybe it's a solo run. Maybe you're clinging to a loved one as you tear down the hill tandem. Surely, sledding is one of those things that makes it worth toughing it out and living in New Jersey when sunnier climes often beckon.</p>
  • Man Wins $500k From A's for Mother's Day Snub

    06/24/2009 9:05:42 PM PDT · by nickcarraway · 25 replies · 769+ views
    NBC11 ^ | Fri, Jun 19, 2009 | JOE KUKURA
    Lawyer not given a Mother's Day hat sues claimed gender discriminationA lawyer has successfully sued the Oakland A's because he wasn't given a breast cancer awareness cap on Mother's Day. The Oakland A's have reached a $510,000 settlement with a male attorney suing them because he wasn't given a commemorative cap being handed out to women at an A's game on Mother's Day 2004. Attorney Alfred G. Rava initiated a class-action lawsuit against the A's because, as a biological male, he was not given a plaid sun hat being handed out to the first 7,500 ladies arriving at the Mother's...
  • California Court Rules “Good Samaritans” Can Be Sued

    12/21/2008 5:29:32 PM PST · by John Semmens · 29 replies · 1,308+ views
    The California Supreme Court ruled that Lisa Torti of Northridge may be held liable for injuries to a woman she pulled out of a vehicle following a Halloween night crash in 2004. Combined with previous rulings holding that individuals may be held liable for not helping in such situations, persons finding themselves at accident sites are faced with a legal dilemma. If no assistance is rendered, the passerby may be sued for damages occurring from his neglect to intervene. If assistance is rendered, the intervener may be sued for any damages caused by the intervention. The Court ruled that the...
  • Professor Urges Firearms Industry Be Held Liable for Crimes

    03/28/2008 3:10:28 PM PDT · by John Semmens · 11 replies · 254+ views
    AZCONSERVATIVE ^ | 22 March 2008 | John Semmens
    University professor George Nation, is advocating that manufacturers of guns be required to bear financial liability for the harm suffered by persons who have been injured by the criminals using their products. “It’s simple,” Nation said. “If we put the gun makers out of business we will largely put an end to crime.” The professor brushed off arguments implying that his logic would hold food manufacturers liable for the ills of obesity. “If they think to dissuade me by such logic, they’re mistaken,” Nation said. “As far as I’m concerned, food manufacturers should be held liable for obesity. In an...
  • The Best Global Warming Videos On The Internet - Part IV: Short Videos (Vanity)

    02/11/2008 7:11:03 AM PST · by Entrepreneur · 18 replies · 2,083+ views
    2/11/08 | Entrepreneur
    The Best Global Warming Videos on the Internet Some people have asked me for copies of, or links to videos that provide an alternative view to Gore’s “consensus” on anthropogenic (i.e., man caused) global warming (AGW). A few of these videos have been broadcast in the United States (e.g., Glenn Beck, John Stossel), but most have not and probably will not be seen. Fortunately, we have the Internet to make these available. Part I: Documentaries is available herePart II: Lectures is available herePart III: Debates is available here Part IV: Short Videos Cheap Sensationalism in Gore’s Slide Show (8:14)This is...
  • Tort Tribute [Dems pay off trial lawyers]

    04/27/2007 5:15:12 AM PDT · by Brilliant · 4 replies · 383+ views
    WSJ ^ | April 27, 2007 | KIMBERLEY STRASSEL
    Most Republicans viewed Barney Frank's recent hearing on subprime mortgages as ...typical Democratic corporation-bashing... The House Financial Services chief is surely grinning that so few picked up on his bigger purpose: bestowing a big, wet smooch on the trial bar. Democrats devoted their first months in the majority to paying back unions... Now it's time for the other huge campaign bankrollers. Since 1994, ...lawyers have thrown a half-billion dollars at getting lawsuit-friendly Democrats back in the majority. They've also taken ...their own to Washington. Of the 30 House seats Dems won in 2006, 14 were claimed by former attorneys... Democrats...
  • Voting on the Law: States have referenda on judicial recall, lawsuits, term limits

    11/07/2006 10:28:44 AM PST · by Brilliant · 2 replies · 211+ views
    ABA Journal ^ | Molly McDonough
    Advocates for more judicial accountability are supporting ballot initiatives in a handful of states that are designed to rein in judges. Initiatives would subject judges to lawsuits or recall because of their decisions, impose term limits on judges, and require appellate judges to be elected from districts in which they would be required to live. Longtime term-limits advocate John Andrews is behind the Colorado effort to restrict appellate and Supreme Court judges to 10-year terms. Andrews, former president of the Colorado Senate, began his push for term limits about 20 years ago, obtaining limits for lawmakers and the governor. But...
  • Tort Reform Texas Style New laws devastate plaintiff and defense firms alike

    10/27/2006 4:28:09 PM PDT · by Brilliant · 13 replies · 733+ views
    ABA Journal ^ | October 2006 | Terry Carter
    While Texas plaintiffs lawyers have been leaving in droves from nursing-home and medical-malpractice litigation in the wake of tort reform, San Antonio’s Glenn Cunningham is still doing it—albeit with a radically different business model and a much thinner wallet. Before the 2003 changes in state law, Cunningham would round up seven or eight experts, take 15 to 20 depositions and easily spend $85,000 to $100,000 to work up a case. Apparently, the effort persuaded defendants they had problems on the facts and the law, because he often settled for $1 million to $3 million. But with new restrictions on medical-malpractice...
  • Victory for an absentee father, DEAD CHILD'S ESTATE WILL BE SPLIT

    08/02/2006 10:39:35 AM PDT · by Coleus · 52 replies · 1,287+ views
    Star Ledger ^ | 07.26.06 | BRIAN DONOHUE
    The father of a disabled woman who died last year is entitled to half her estate even though he had little contact with her during her life, a state judge ruled yesterday. Ruben Martinez of Staten Island will receive about $400,000 of the $1.1 million remaining in a trust established for the care of his daughter, Jennifer Rogiers, who was born with severe disabilities caused by spinal cord injury suffered during her breech birth in 1983. The girl's mother, Rosa Rogiers of Weehawken, also received $400,000 and an additional $300,000 to compensate her for the years of care she provided...
  • An illegal alien who can legally sue

    05/23/2006 9:45:22 AM PDT · by ziggy_dlo · 41 replies · 774+ views
    Mike Kelly ^ | Sunday, May 21, 2006 | By MIKE KELLY
    By MIKE KELLY VICTOR MANUEL CABALLERO says he only wanted a decent job when he sneaked across the border from Mexico five years ago. Thanks to a ruling last week by the state Supreme Court, he has achieved a special American status even though he still lives here illegally: He can collect damages for being hurt in an auto accident. We hear much these days about illegal immigrants -- how desperate they are for good jobs here, how many risk their lives to slip across the border, how so many now hope to pursue their lives in America with some...
  • Dems Block Medical Liability Bill (Boo! Hiss!)

    05/10/2006 9:25:32 PM PDT · by CheyennePress · 9 replies · 304+ views
    Senate Democrats on Monday blocked the latest Republican attempts to limit damages for pain and suffering in medical malpractice lawsuits. Republicans offered two versions of the bill, one applying to all malpractice cases and the other limited to obstetrics and gynecology, an area with high malpractice insurance costs. Both bills failed to garner the 60 votes necessary in the 100-member Senate to advance to a full debate. The vote was 48-42 on the broader bill and 49-44 on the obstetrics and gynecology bill, largely along party lines. President George W. Bush and his Republican allies have been trying to pass...
  • Lawsuits anger businesses

    04/05/2006 6:46:01 AM PDT · by radar101 · 12 replies · 927+ views
    San Diego UNION ^ | April 5, 2006 | Anne Krueger
    The lawsuits the shop owners have received by mail or hand delivery in the past two weeks contain virtually identical claims that their businesses are not hospitable to disabled people. In a letter accompanying the lawsuits, Pinnock offers each owner the option of settling by correcting the problems and paying him $10,500. The owners are outraged, and some say they'll fight back. “He's picked the wrong person to mess with,” said Mike McKany, owner of Alpine Liquor. McKany and others are banding together to figure out how to deal with the lawsuits. The Alpine Chamber of Commerce is holding a...
  • Math Divides Critics As Startling Toll of Torts Is Added Up

    03/13/2006 5:25:41 AM PST · by Brilliant · 22 replies · 660+ views
    WSJ ^ | March 13, 2006 | LIAM PLEVEN
    It's easy to raise the blood pressure of an American chief executive. Just talk about rising tort costs... The tort system is designed to compensate people who feel they've been wronged... But the extremes of litigation and the volume of lawsuits considered frivolous drive CEOs nuts. That's why a new report by consulting firm Tillinghast ...is bound to get some attention... For 20 years, Tillinghast, an insurance-industry consulting firm, has been putting an often-criticized dollar value on what it calls the cost of the nation's tort system... The latest study puts the cost in 2004 at $260 billion, almost equal...
  • Clinical, Cynical

    01/12/2006 11:37:47 AM PST · by radar101 · 3 replies · 326+ views
    WSJ ^ | Jan. 11, 2006 | Heather McDonald
    To see what the "mainstream" means for the legal elites in the Democratic party, look no further than the law school "clinic." These campus law firms, faculty-supervised and student-staffed, have been engaging in left-wing litigation and advocacy for 30 years. Though law schools claim that the clinics teach students the basics of law practice while providing crucial representation to poor people, in fact they routinely neither inculcate lawyering skills nor serve the poor. They do, however, offer the legal professoriate a way to engage in political activism -- almost never of a conservative cast. A survey of the clinical universe...
  • (Small Town)Julian hit by legal firestorm

    12/24/2005 6:25:50 AM PST · by radar101 · 56 replies · 1,399+ views
    SAN DIEGO UNION ^ | Dec. 24, 2005 | J. Harry Jones
    Lawyer tells 67 businesses they violate ADA; he wants fee. The letters arrived in the mailboxes of 67 business owners here more than a month ago. San Diego attorney Theodore Pinnock, who describes himself as a "warrior for the disabled," said he was "shocked" to find during a Veterans Day weekend trip to the historic town that many of the stores were in violation of the Americans With Disabilities Act. Wheelchair ramps and handicapped parking spaces were in short supply. Doors weren't wide enough at some businesses. Some bathrooms weren't equipped properly for the disabled. The letters threatened lawsuits against...
  • Senate Approves Bill Protecting Gun Businesses

    07/30/2005 4:27:49 AM PDT · by XR7 · 13 replies · 680+ views
    The New York Times ^ | 7/30/05 | CARL HULSE
    WASHINGTON, July 29 - The Senate agreed to shield gun manufacturers and dealers from liability lawsuits on Friday, as Congress broke for a monthlong recess after sending President Bush energy and transportation bills that had been years in the making. Long sought by the gun lobby, the Senate measure - approved 65 to 31 - would prohibit lawsuits against gun makers and distributors for misuse of their products during the commission of a crime. Senate supporters said the plan was needed to protect the domestic firearms industry from a rash of lawsuits that threatened its economic future. "This bill is...
  • NYP: NADER'S HOUSE OF HORRORS - a museum for trial lawyers

    06/04/2005 5:40:02 AM PDT · by OESY · 19 replies · 761+ views
    New York Post ^ | June 4, 2005 | Editorial
    His two presidential plans had put the project on hold, but Ralph Nader says an architectural firm is now "putting final touches on the plans" for his dream of a lifetime: a museum in his hometown of Winsted, Conn. This won't be just any museum, mind you. It will be — yes — a celebration of tort law. You know, like the case that won $2.9 million for the woman who spilled a hot cup of McDonald's coffee in her lap. Or the fellow who convinced a jury he deserved $3.6 million when he got falling-down drunk and lost an...
  • 2 Inmates Ordered to Pay Guard $10 Million

    03/17/2005 10:42:26 AM PST · by Ramonan · 4 replies · 553+ views
    L.A Times ^ | March 17, 2005 | Richard Fausset,
    The judgment was entered by a Los Angeles Superior Court judge this month after the two defendants — Gregory P. Gaines and Harold X. Wesley — failed to adequately file formal responses with the court.Gaines and Wesley attacked Blunt last April 2 as he was walking across an exercise yard, Lancaster prison spokesman Lt. Ken Lewis said. In the civil case, Blunt, who is 25 and has worked for the prison system for 2 1/2 years, said he suffered "permanent traumatic brain injury" from the attack. He remains partially paralyzed and on disability. Task force members believe prisoners serving long...
  • Democrats: Dazed and confused

    02/18/2005 10:05:38 PM PST · by Kitten Festival · 15 replies · 527+ views
    The American Thinker ^ | Feb. 18, 2005 | Thomas Lifson
    I find myself stunned by the magnitude of the quick victory President Bush has won on tort reform, with the new bill, now awaiting his signature federalizing most class action lawsuits. No longer will judges and juries in obscure rural counties of Illinois, Mississippi and Alabama be able to award hundreds of millions or even billions of dollars to nebulous classes of supposedly injured consumers or shareholders, at the expense of productive corporations, on the thinnest of evidence. Instead , the federal judiciary, which used to be so beloved of the Democrats when it was intervening in Southern elections, will...
  • Girls takes Children's Motrin, goes blind and sues Johnson & Johnson

    01/12/2005 10:57:04 PM PST · by Coleus · 3 replies · 890+ views
    Could Children's Motrin Make Your Child Blind?   A 7-year-old child recently developed blindness after taking a recommended dose of Children's Motrin.The BeginningThe tragedy started when the girl (age 6 at the time) had come home from school with a headache; her parents gave her a recommended dose of Children's Motrin. However, instead of "curing" her ache, the drug led to an acute allergic reaction known as Stevens-Johnson Syndrome -- a rare, violent allergic immune system response that causes fever and blistering, which may affect the cornea and other parts of the eye.The very next day the girl was...
  • New York City Council oks gun law

    The City Council on Wednesday overwhelmingly passed legislation that would allow crime victims to sue gun manufacturers and dealers who do not follow a set of selling and distribution guidelines. The sponsors of the gun safety package say that by restricting and punishing members of the gun industry, New York's streets will see significantly less gun violence. "Starting today, if they don't clean up their act, they're going to face stiff penalties in courts of law and have to pay compensation to the victims," said Councilman David Yassky, the legislation's main sponsor. Guns used in New York crimes are usually...
  • Someone please tie my shoes...

    11/15/2004 6:21:13 AM PST · by Kitten Festival · 430+ views
    The American Thinker ^ | Nov. 15, 2004 | Jon R. Loose
    Holding a solid conservative view on the world certainly infringes on my ability to be congenial. I can’t help but approach the multitude of decisions and obligations presented in everyday life from a deductive point of view. It’s a simple remedy really. Recognize a difficulty. Identify the problem. Assess your options. Address the problem. There is no reason, in most cases, to seek counsel or solutions from an outside source. Life is an ongoing conveyer belt of such scenarios. The self-sufficient among us recognize these challenges and face them in stride.
  • Woman Sues Victoria's Secret For More Than $10 Million

    04/13/2004 8:50:12 AM PDT · by Freedom2specul8 · 150 replies · 831+ views
    thekansascitychannel ^ | April 13, 2004
    Woman Testifies In Victoria's Secret Lawsuit POSTED: 11:12 a.m. EDT April 13, 2004 UPDATED: 11:31 a.m. EDT April 13, 2004 LITTLE ROCK, Ark. -- A woman described to jurors Monday how her full-length Victoria's Secret nightgown caught fire in a 1998 accident. Linda Rossby is suing the Columbus- based lingerie chain for more than $10 million in damages. She appeared in court in Little Rock, Arkansas for the first time Monday. Her lawyers said scars keep Rossby from sitting for long periods. Rossby testified that her right arm caught on fire as she reached in an oven to get a...
  • If You Can't Read, Please Pay Attention to Label

    01/28/2004 7:13:18 AM PST · by boris · 33 replies · 315+ views
    Los Angeles Daily News ^ | 01-21-2004 | David Grimes
    IF you are the kind of person who tries to save time by ironing his clothes without first taking them off or who attempts to use his hair dryer while sleeping, you will probably not "get" this column. By the same token, if a cinder block has recently fallen on your head, you will probably not "get" this column either. In fact, these two groups may consist of the same people. If you are like me and have a lot of spare time on your hands, you have probably noticed that product-warning labels are getting wackier and wackier. There was...
  • Paid to Picket: Antichurch protesters get a little help from their (lawyer) friends

    09/04/2003 6:54:50 PM PDT · by Stultis · 6 replies · 175+ views
    Forbes ^ | 15 September 2003 | Daniel Lyons
    Amidst the Catholic clergy sex abuse scandal, a raft of advocacy groups works nonstop, with rallies, press conferences and conventions, to crank up the rage machine. Some attack the settlement of $55 million reportedly offered by the Boston archdiocese to settle 542 claims, arguing this isn't about money--and that, um, they want more of it. Which raises a question: Who is funding these groups? In some cases the cash comes from the same plaintiff lawyers who stand to reap windfalls in clergy settlements. "There has been an incestuous relationship between victim lawyers and victim groups for some time," says William...
  • Holden vetoes GOP bills on abortion, malpractice

    07/12/2003 12:25:24 AM PDT · by nickcarraway · 7 replies · 208+ views
    St. Louis Post-Dispatch ^ | 07/10/2003 | BILL BELL JR. AND VIRGINIA Y OUNG
    <p>JEFFERSON CITY - Gov. Bob Holden vetoed a series of top Republican bills Wednesday, including one that would require women to wait 24 hours before having an abortion and another that proponents said would help doctors with malpractice insurance costs.</p>
  • Judicial Imperialism (Bork Speaks Out Against Ridiculous Interpretation of Alien Tort Act-My Title)

    06/17/2003 8:55:06 AM PDT · by AuH2ORepublican · 5 replies · 208+ views
    The Wall Street Journal Online ^ | 06/17/03 | Robert H. Bork
    <p>We Americans are rightly amused by Belgium's claim to universal jurisdiction so that its courts can try violations of human rights anywhere in the world, having absolutely no relation to Belgium. For instance, Belgium recently opened an investigation of former President Bush, then-Secretary of Defense Cheney, and Gens. Powell and Schwarzkopf for alleged crimes in the first Gulf War. But while we are scoffing, we ought to consider that our courts are engaged in the same judicial imperialism.</p>
  • Fat Chance

    05/15/2003 1:51:52 PM PDT · by bruinbirdman · 3 replies · 232+ views
    Cato Daily Dispatch ^ | May 15, 2003 | William L. Anderson and Candice Jackson
    As we observe the current frenzy of lawyers preparing to sue McDonald's and Burger King—and even suing Kraft Foods, the maker of Oreos—for allegedly causing their clients to suffer from obesity, we cannot help but wonder what lunatics have taken over the U.S. legal system. This current litigation, which is done in the name of common law torts, seems on the surface to have the trappings of the historical tort system. There exist the allegedly injured parties (obese people) and the perpetrators of the "injuries" (fast food restaurants). Thus, reason those who are principles in these cases, people should be...
  • Erin Brockovich files claim against Beverly Hills school (Frivolous Lawsuit Alert)

    04/29/2003 2:41:33 PM PDT · by BaghdadBarney · 32 replies · 1,336+ views
    Agence France Press (via Yahoo News) ^ | 4/29/03 | Agence France Press
    LOS ANGELES (AFP) - Erin Brockovich, the environmental activist who inspired the film of the same name that won Julia Roberts an Oscar in 2001, filed claims against a Beverly Hills school over claims that toxins on campus gave students and staff cancer. "Two hundred and eighty alumni and teachers are involved. They want answers, and so do we," Brockovich told a press conference Monday, as she announced the first list of 25 plaintiffs that will form part of a class-action suit. Brockovich and lawyer Ed Masry in 1996 forced the utility company Pacific Gas and Electric to pay 333...
  • Republicans believe that Americans will never elect a trial lawyer president. They're wrong.

    03/05/2003 7:19:11 AM PST · by eartotheground · 19 replies · 344+ views
    The Washington Monthly ^ | October 2001 | Joshua Green .
    On August 5th, NBC's Meet the Press featured someone and something we're likely to see much more of in years to come: Senator John Edwards (D-N.C.) squaring off against a nervous representative of the Bush administration. The issue in this case was the so-called patients' bill of rights, and Rep. Charlie Norwood (R-G.A.) the Bush surrogate. Days earlier, the president had sweet-talked Norwood into a midnight deal that sharply restricted patients' right to sue their HMOs. Norwood, who for many years had advocated a much tougher bill, had essentially been suckered, and appeared acutely aware of this as he sat...