Wednesday, July 31, 2019

Utah Supreme Court holds that waivers signed by parents on behalf of children are not enforceable

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Earlier this month I reported that the the Kentucky Supreme Court recently found that for-profit companies can be liable for injuries to min...
Tuesday, July 30, 2019

Should a doctor be subject to liability to non-patients who suffer an injury because of negligence toward a patient?

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Suppose a doctor misdiagnoses a contagious condition on a patient, and the patient then causes an injury to a third person.  Should the thir...
Monday, July 29, 2019

Debate about safety netting around baseball parks continues

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One of the more talked about themes during this baseball season is the increased amount of home runs (and the speculation that it has someth...
Sunday, July 7, 2019

Lawsuit filed against gun manufacturers related to Las Vegas Music Festival shooting

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Back in March I reported ( here ) that the Connecticut Supreme Court allowed to proceed a lawsuit against Remington, the manufacturer of the...
Saturday, July 6, 2019

Alaska reiterates its approach to bystander emotional distress claims, which is very different than the one used in most other jurisdictions

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As you probably know, back in 1968 the California Supreme Court created what has now become the majority approach to claims by people who su...
Friday, July 5, 2019

Can a parent sign away a child's rights by signing a waiver of liability? Not in Kentucky (and many other states)

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Those of you who have children out there are familiar with this, which as a parent myself, I have seen and done lots of times!  Your child w...
Sunday, June 23, 2019

New update to Report on Medical Malpractice

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The Center for Justice & Democracy at New York Law School recently released the 12th update to its Medical Malpractice: By The Numbers  ...
Saturday, June 15, 2019

House and Senate Democrats introduce bill to allow victims of gun violence to sue the gun industry

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Last week House and Senate Democrats presented a bill called The Equal Access to Justice for Victims of Gun Violence Act which seeks to repe...
Tuesday, June 4, 2019

Comment on recent Supreme Court case on preemption in prescription drug cases

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A few days ago I reported that he Surpreme Court issued its opinion on Merck Sharpe & Dohme v. Albrecht, the latest decision in the Cou...
Monday, June 3, 2019

Podcast on internet defamation

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The most recent edition of the podcast "Digital Detectives" is devoted to a discussion of what lawyers need to look out for when h...