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May 16th, 2012

The Time is Now for Louisiana Legislators to Take a Stand against Legacy Lawsuit Abuse

The end of the Louisiana state legislative session is fast approaching. Legislators will adjourn on June 4, 2012, and with only a few weeks left in the session, one cannot help but wonder- how much longer before leaders take action to protect the state from costly legacy lawsuit abuse. . . . → Read More: The Time is Now for Louisiana Legislators to Take a Stand against Legacy Lawsuit Abuse

May 15th, 2012

ATRA Letters Keep Heat on Lawsuit Lovers in California, Pennsylvania

Recent letters to the editor by the American Tort Reform Association have kept pressure on trial lawyer-backed opponents of tort reform, both in Sacramento, California, and Phildelphia, Pennsylvania . . . → Read More: ATRA Letters Keep Heat on Lawsuit Lovers in California, Pennsylvania

May 11th, 2012

New Jersey Protects ‘Good Samaritans’ Trying to Save Lives

New Jersey Gov. Chris Christie has signed into law a refreshingly bipartisan act by the state legislature that will protect good samaritans who use portable defibrillators to try to save the lives of sudden heart attack victims.

As reported by NJToday.net, the “law, S-852, eliminates language in state statute that requires a person using an automated external defibrillator (AED) to have received training in both CPR and the usage of the AED. The law reduces requirements that entities require CPR and AED training for all people who might use the AED to just the people most likely to use the device.”

More importantly, it “provides immunity from civil liability to any . . . → Read More: New Jersey Protects ‘Good Samaritans’ Trying to Save Lives

May 10th, 2012

Even in Philadelphia, ‘Progress Is Possible’

Medical liability reforms undertaken in Pennsylvania last decade have had the intended effect of reducing the number of meritless lawsuits, particularly in Philadelphia, and broader progress in other areas of tort law now seems possible, too . . . → Read More: Even in Philadelphia, ‘Progress Is Possible’

May 9th, 2012

With Hellholes Leading the Way, Bogus Slip-and-Fall Claims Rise Nationwide

A just-released report by the National Insurance Crime Bureau shows that questionable slip-and-fall claims rose by 12% from 2010 through 2011, and not coincidentally many past and present Judicial Hellholes are where most of these bogus, bottom-feeding lawsuits are filed . . . → Read More: With Hellholes Leading the Way, Bogus Slip-and-Fall Claims Rise Nationwide

May 9th, 2012

California Legislature Once Again Turns Back on Small Businesses, Defeats ADA Reform Legislation

On May 8, 2012, the California Assembly Judiciary Committee defeated A.B. 1878 (Beth Gaines-R) by a clean party-line vote of 3-7. This bill would have provided businesses much needed relief from frivolous ADA lawsuits. . . . → Read More: California Legislature Once Again Turns Back on Small Businesses, Defeats ADA Reform Legislation

May 8th, 2012

Disgruntled Flyers Fans Take “Passion” to New Level, File Ridiculous Class Action Lawsuit against Organization

On Monday, May 6, 2012, a Jenkintown-based law firm filed a ridiculous consumer fraud class action lawsuit against Comcast Spectacor, the parent company of the Philadelphia Flyers, on behalf of all 2011-2012 full season ticket holders. . . . → Read More: Disgruntled Flyers Fans Take “Passion” to New Level, File Ridiculous Class Action Lawsuit against Organization

May 2nd, 2012

Good News, Bad News from Mississippi Courts

First the good news. Last week a jury ruled in favor of Union Carbide, the defendant in an asbestos lawsuit that once resulted in a $322 million verdict, the largest asbestos award for a single plaintiff in U.S. history. . . . → Read More: Good News, Bad News from Mississippi Courts

April 30th, 2012

Potato Chip ‘Labeling’ Suit Latest of Ridiculous Consumer Class Actions in Northern California

Wilson v. Frito Lay is the latest food-related class action lawsuit filed in the U.S. District Court for the Northern District of California, adding to the growing wave of ridiculous consumer class action lawsuits filed there . . . → Read More: Potato Chip ‘Labeling’ Suit Latest of Ridiculous Consumer Class Actions in Northern California

April 26th, 2012

ATRA Celebrates TiPAC Victory in Iowa!

This week the Iowa legislature unanimously passed H.F. 563, TiPAC legislation. The law will bring needed transparency to the process of the state’s occasional hiring of outside counsel. . . . → Read More: ATRA Celebrates TiPAC Victory in Iowa!

April 25th, 2012

EXTRA! EXTRA! L.A. Judge’s Order of New Trial Can Only Encourage Lawyers to Con Courts

Los Angeles County Superior Court Judge Michael Johnson has — incredibly enough — just ordered a new trial in Hernandez v. Schaefer Ambulance Service, the details of which are avialble in an earlier Judicial Hellholes post . . . → Read More: EXTRA! EXTRA! L.A. Judge’s Order of New Trial Can Only Encourage Lawyers to Con Courts

April 24th, 2012

Welcomed Signs of Fairness in Former ‘Judicial Hellhole’

Last week, Merck & Co. successfully defended itself against a claim involving its drug, Fosamax. This was the company’s fifth win in six such cases that have gone to trial. The cases were heard in the Atlantic County Superior Court by Judge Carol Higbee, a court that has consistently been targeted by our Judicial Hellholes report. . . . → Read More: Welcomed Signs of Fairness in Former ‘Judicial Hellhole’

April 24th, 2012

Transparent Tactics by L.A.’s Top Trial Lawyer May Warrant Contempt Charges, Bar Discipline

If it can be demonstrated that Los Angeles’s leading personal injury lawyer is lying to the court about how a $350,000 settlement was reached (or breached), he should be held in contempt and recommended for a severe law license suspension . . . → Read More: Transparent Tactics by L.A.’s Top Trial Lawyer May Warrant Contempt Charges, Bar Discipline

April 23rd, 2012

Medical Liability Reform Having Great Desired Effects in North Carolina and Ohio

Over the past few years, doctors in both North Carolina and Ohio have seen a dramatic decrease in their insurance premiums, a decline in closed medical malpractice claims, and a significant decrease in total payments for medical liability. As a result, the market for physicians has stabilized and doctors are no longer fleeing the state out of fear of skyrocketing costs of medical liability insurance premiums. This has led to better access to competent doctors for all state citizens. . . . → Read More: Medical Liability Reform Having Great Desired Effects in North Carolina and Ohio

April 20th, 2012

Louisiana Lawmakers Take up ‘Legacy’ Lawsuits, But Gov. Jindal’s Trial Bar Ties May Stymie Reform

Both the energy companies targeted by “legacy” lawsuits and the lawyers and landowners who profit from them believe that Louisiana lawmakers will have to compromise if they’re to craft meaningful reform legislation. But neither side expects much leadership from Gov. Bobby Jindal (R). . . . → Read More: Louisiana Lawmakers Take up ‘Legacy’ Lawsuits, But Gov. Jindal’s Trial Bar Ties May Stymie Reform

April 20th, 2012

U.S. Measles Cases Hit 15-Year High Thanks to Trial Lawyers & Jenny McCarthy

The U.S. Centers for Disease Control and Prevention reported yesterday that the U.S. in 2011 had the most number of reported measles cases in 15 years, and for this we can blame the anti-vaccine hysteria generated by Hollywood celebvocates and self-serving personal injury lawyers . . . → Read More: U.S. Measles Cases Hit 15-Year High Thanks to Trial Lawyers & Jenny McCarthy

April 20th, 2012

ABA Disputes CFPB’s Assertion of Authority to View Lenders’ Attorney-Client ‘Work Product’

The American Bar Association is disputing the controversial Consumer Financial Protection Bureau’s assertion that it has the authroity to view the internal communications between the entities it regulates and those entities’ attorneys . . . → Read More: ABA Disputes CFPB’s Assertion of Authority to View Lenders’ Attorney-Client ‘Work Product’

April 20th, 2012

More Incompetent Parents File Another Pathetic Class Action in California

Like the pathetic excuses for parents who tried to sue McDonald’s because they apparently can’t control their 6-year-olds’ desires for Happy Meal toys, another group of incompetent parents is now suing Apple, claiming certain gaming applications, or “apps,” are “addictive” . . . → Read More: More Incompetent Parents File Another Pathetic Class Action in California

April 18th, 2012

Ungratefully Litigious Has-Been Howard Stern Loses Lawsuit against Sirius XM Radio

The joke was on low-brow bigmouth Howard Stern Monday when a New York judge dismissed his outrageously ungrateful lawsuit against Sirius XM Radio . . . → Read More: Ungratefully Litigious Has-Been Howard Stern Loses Lawsuit against Sirius XM Radio

April 13th, 2012

California Employers Breathe ‘Huge Sigh of Relief’

A recent California Supreme Court provides the state’s employers with greater flexibility in operating their establishments. It will help to curb wage-and-hour class actions in the state, allowing many employers to “breathe a huge sigh of relief.” The Court’s decision may indicate a trend of fair rulings for California businesses. . . . → Read More: California Employers Breathe ‘Huge Sigh of Relief’