December 5, 2013
Back in 2010, the Wall Street Journal reported even as lawsuits against tobacco companies nationwide were on the decline, suits against big tobacco in the Sunshine State were on the rise. It seems as though this trend has continued.
Florida sees a disproportionate number of tobacco lawsuits, relative to its share of the entire US population. What could be the reason for this? Are Floridians inherently more litigious? No. Are there people elsewhere less litigious? No.
We contend that there are a wide variety of reasons for the high number of tobacco lawsuits in Florida, and among them is the …
December 2, 2013
In the Friday, November 29th issue of the New York Times, BP (formerly known as British Petroleum) took out a full-page ad lambasting the settlement process that has overseen payouts to claimants in the fallout of the horrific 2010 Deepwater Horizon oil spill in the Gulf of Mexico.
The ad lists a number of what BP calls “outrageous awards.” Among them, BP details the settlement of a cell phone retailer and service company that received a settlement award of $135,258, despite the fact that, according to BP, the store had shut down for all of the 2010 year …
November 4, 2013
In 2007, a Toyota car crash caused by unintended acceleration resulted in the injury of the car’s driver and the death of the passenger. Finally, an Oklahoma jury has come down on the side of the victims, by maintaining that Toyota is guilty of “reckless disregard” with regard to the unintended acceleration and therefore must pay $1.5 million to the injured victim and an additional $1.5 million to the family of the deceased victim. The jury is now considering whether or not Toyota must pay punitive damages to the victims as well.
This verdict is the first against Toyota in …
October 24, 2013
Liebeck v. McDonald’s Restaurants is one of the most polarizing lawsuits of all time, defining the divide between plaintiff’s attorneys and tort reform activists. But it’s also one of the most misunderstood.
Back in February of 1992, 79-year-old Ms. Liebeck was in the passenger’s seat of a car, assembling her morning coffee, having just gone through the drive-thru of McDonald’s with her nephew. Given that her nephew’s car, a Ford Probe, had no flat surfaces (or cup-holders!) on or in which to place her coffee while she rummaged through the bag for cream and sugar, Ms. Liebeck did what we’ve …
October 9, 2013
Everybody knows (or should know) that young children should be kept away from cigarettes. In reality, everyone should stay away from cigarettes as much as possible, but young children are especially susceptible to the harms of cigarettes, both because of their underdeveloped immune systems and the fact that they’re more prone to subconscious influence than are adults. Most concerns about cigarettes have to do with the tar, tobacco, nicotine, smoke, etc., that emanates from a burning cigarette. So-called “e-cigarettes,” electronic cigarettes, have taken the market by storm recently as a “safe” alternative to the real, cancerous cigarettes.
As it turns …
September 9, 2013
Without a doubt, among the greatest benefits that evolving scientific technology has provided us with are prescription medications tailored to treat previously incurable medical conditions or prevent other medical issues. Still, the fact that pharmaceutical companies have discovered new and innovative ways to combat harmful and deadly diseases should not preclude us from questioning and analyzing the wide range of effects that these drugs have. Sometimes, the solution is worse than the problem. This doesn’t mean that the problem should be ignored, but rather that the particular solution should be more carefully considered.
Anti-depressants are one of the most dangerous prescription …
September 3, 2013
Fast food restaurants seem to have a timeless place in the chronicles and developments of personal injury law.
Fresh in the memories of all trial lawyers (in addition to those of many others) is Liebeck v. McDonald’s Restaurants, the iconic case that fundamentally altered the perception of personal injury law in the United States. Supporters of plaintiffs’ rights saw the case as an instance of a wronged customer taking on a giant corporation in the pursuit of justice; supporters of tort reform (those who support limiting plaintiffs’ abilities to recover damages from a tort case) saw it as …
August 26, 2013
When you’ve been injured, clearly the first concern you have – as you should – is ensuring that you treat the injuries. If you sustained a back injury, get yourself to a back specialist. If you received a foot injury, get yourself to a podiatrist. If you experienced psychological trauma, make sure to see a psychiatrist and/or a psychologist. Unfortunately, though, the injuries sustained during the actual personal injury incident may not be the only ones you endure. In this blog, we are going to outline a few rules to follow when dealing with your personal injury case; these rules …
August 12, 2013
Horace Mann, in the 1800′s, noted that education is the great equalizer, referring to it as the “balance wheel of the social machinery.” His comments were in the context of his support for public education during an era in which there was much debate over the subject. Today, in our modernized world, there are those that affix the term “great equalizer” to guns, implying their necessity in that they arm the weak against the power of the strong, creating a balanced playing field.
We propose another idea, one more in line with Horace Mann’s thinking about the good that …
August 5, 2013
Wrongful death suits comprise an unfortunate component of the personal injury legal field. These lawsuits are typically brought by the family of a deceased individual against a negligent tortfeasor whose negligent actions resulted in the death of the individual. Defendants in these cases are sometimes doctors who have engaged in medical malpractice, people whose reckless driving caused the death of another, etc.
In a case that began jury selection on Monday, July 22nd, the defendant is Toyota Motor Corp. It is alleged by the plaintiffs that, in 2009, the deceased individual’s Toyota Camry began to accelerate uncontrollably, …