Thursday, February 25, 2016

Illinois Supreme Court abolishes "public duty rule"

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As you probably know the so-called “public duty rule" is a label given to the principle upon which courts base decisions holding  that ...
Sunday, February 14, 2016

Iowa Supreme Court rejects notion that malpractice plaintiff has to show actual innocence in order to support claim against former criminal defense lawyer

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In a many jurisdictions, a convicted criminal defendant who wants to recover for malpractice against his or her former lawyer has to obtain...
Friday, February 12, 2016

Maryland legislature to consider bill that would eliminate trial by jury in malpractice cases that result in injury to newborns

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According to the PopTort, Maryland, hospitals are pushing a bill that targets catastrophically-injured newborns. The legislation – which i...

Proposed bill would eliminate the gun manufacturer immunity

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Legislation recently proposed by several U.S. lawmakers seeks to remove the controversial immunity that has protected gun manufacturers and ...

New lawsuits filed alleging injuries caused by "energy drinks"

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Back in 2012 and 2013 there was a lot of discussion on whether so-called "energy drinks" could be dangerous, particularly to minor...
Wednesday, January 27, 2016

Which states require "certificate of merit" in order to bring a malpractice claim? -- UPDATED

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Many states require an “affidavit of merit” in order for a plaintiff to bring a malpractice claim (medical or legal).  The blog Professiona...
Sunday, January 24, 2016

Comment on most recent version of a no-fault "patient compensation system" to eliminate medical malpractice lawsuits

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Attempts to find ways to eliminate the rights of victims of medical malpractice are nothing new.  Over the years, many organizations have tr...

Tennessee Court of Appeals rejects argument that some dogs are dangerous by nature, which would eliminate need to show knowledge of dangerous propensity

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Long time readers of this blog might remember my discussion and article on the debate on whether courts should recognized a cause of action ...
Sunday, January 17, 2016

New report finds FDA is failing to track side effects of drugs it approves

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The Government Accountability Office (GAO) recently issued a report on drug safety which concludes that the FDA is approving too many drugs...
Friday, January 15, 2016

Florida Supreme Court rejects the Third Restatement's approach to design defects in product liability cases

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I have to confess that I missed this important development when it happened back at the end of October but I am now finally getting to it, s...