Kansas Supreme Court Upholds Non-Economic Damages Limit
The Kansas Supreme Court today upheld a $250,000 limit on noneconomic damages that has been in place since 1988
Points of LightIllinois High Court Decision Shines among ‘Points of Light’
Illinois’ highest court last week reversed two lower court decisions in striking down a $3.9 million dollar jury award of damages for a youngster injured while trespassing and horsing around on a moving freight train
Points of LightATRA applauds Governor Brown for Signing ADA Reform Legislation
On September 19, 2012, Governor Brown of California signed S.B. 1186 into law. This ADA reform legislation looks to better protect small businesses from frivolous ADA lawsuit abuse.
Points of LightBy Backing Arbitration Clause, California High Court Strikes Blow for Common Sense
Striking a blow for common sense and contractual arbitration clauses, the California Supreme Court has ruled that a homeowners association must take its allegations of contruction defects against the developer to an arbitrator
Points of LightNew Hampshire Lawmakers Override Gov. Lynch’s Veto of ‘Early Offer’ Reform Bill
New Hampshire lawmakers have forced into law an innovative “early offer” medical liability reform that some think may be adopted by other states
Points of LightATRA Urges Maryland High Court to Respect Legislature’s Longstanding Support for Contributory Negligence
The American Tort Reform Association has submitted a “friend of the court” brief to Maryland’s highest court, urging it to uphold its own precedent as well as the long expressed will of the state legislature and 165 years of settled law with respect to the doctrine of contributory negligence
Points of LightFederal Appeals Court Blocks Lawsuit Seeking to Make All NYC Cabs Wheelchair Accessible
The U.S. Court of Appeals for the Second Circuit has appropriately overturned a lower court that had ruled in favor of disability-access radicals who sought to force all taxis in New York City to become wheelchair accessible
Judicial Hellholes, Points of LightGov. Jindal Signs ‘Legacy Lawsuit’ Reform into Law
Louisiana Gov. Bobby Jindal today signed into law a compromise “legacy lawsuit” reform package sent to him by the legislature last week
Points of LightJudge Stands against Lazy Cashiers and Their Opportunistic Lawyers’ ‘Right to Sit’ Lawsuit
On June 1, 2012, a California Judge stood up to parasitic trial lawyers and ruled that CVS does not have to provide chairs for its cashiers. The decision ended a ridiculous class action lawsuit filed in 2009 by Nykeya Kilby, a former lazy CVS cashier in Chula Vista, California.
Points of LightMuch Needed Legacy Lawsuit Reform Headed to Louisiana Governor for Approval
On Thursday, May 28th, the Louisiana House and Senate unanimously passed two partner bills that tackle the contentious legacy lawsuit issue. Governor Bobby Jindal is expected to sign the legislation this week.
Points of LightPennsylvania: Model for Commonsense Tort Reforms?
With its medical liability reforms last decade, enactment of the Fair Share Act last year and judicial reform of Philadelphia’s plaintiff-friendly Complex Litigation Center earlier this year, ATRA counsel Mark Behrens makes the case that Pennsylvania could become the model for commonsense state tort reforms
Judicial Hellholes, Points of LightOklahoma City Man Wastes 2 Years of Court’s Time with Preposterous Copyright Lawsuit
On Monday, May 28th, the United States Supreme Court rejected a man’s ludicrous copyright claim in a case that is too outlandish to be made up.
Points of LightGood News: PA Supreme Court Rejects the “Any Fiber” Theory of Asbestos Causation
Last week, in a 5-0 decision, the Pennsylvania Supreme Court rejected the theory that each and every fiber of inhaled asbestos is a substantial contributing factor to any asbestos-related disease
Points of LightATRA Welcomes Georgia AG’s ‘Transparency’ Order
Georgia Attorney General Sam Olens has been a true leader in Georgia and nationally on the need to set uniform standards for state hiring and management of outside contingency fee counsel.
Points of LightThree Cheers for Dismissal of ‘Breakfast Club’ Suit
A New York lawyer with nothing better to do than sue his health club for supplying an allegedly insufficient breakfast has suffered a righteous beat-down at the hands of Manhattan Supreme Court Justice Ellen Coin
Points of LightTexting Lawsuit Deleted, er, Dismissed
In a ruling that will certainly be considered among other “Points of Light” nominees when we draft this year’s upcoming Judicial Hellholes report, a Morristown, New Jersey judge today dismissed a lawsuit that sought to hold the sender of a text message liable for an accident caused by the reader of that message
Points of LightATRA Lauds Mississippi’s ‘Sunshine Act’
Mississippi has now enacted a reform law that will keep present and future attorneys general and other state officials from hiring their friends and political supporters to do legal work without appropriate scrutiny and accountability
Points of LightNew 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
Points of LightGood 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.
Judicial Hellholes, Points of LightATRA 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.
Points of LightWelcomed 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.
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