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Personal Injury

  • Legislation to Protect Patients in New York State Fails AgainSeptember 16th, 2015

    Back in the summer of 2013, this blog wrote about statute of limitations amendment that couldn’t make its way out of the New York state legislature. Lavern’s Law is named after a Brooklyn woman whose curable lung cancer went undiagnosed for years–despite several rounds of …

  • Judge Allows BP Clean-Up Workers to Pursue Jury TrialsJuly 8th, 2015

    The 2010 BP Deepwater Horizon oil spill in the Gulf of Mexico has not been in the news a great deal over the last four or so years, but that does not mean all of the problems it created have been solved. As a part of …

  • To Make Amtrak Crash Victims Whole, Congress Must Raise Rail Liability CapMay 20th, 2015

    Joanne Doroshow, founder and executive director of the Center for Justice and Democracy at New York Law School, is also a columnist for The Huffington Post. In the past, she has covered discrimination in the tort reform movement, advocated for protecting the seventh amendment, (the …

  • Caps on Non-Economic Damages Disproportionately Affect Women, Children, SeniorsDecember 31st, 2014

    Last week’s post ended with a tentative prediction that over the next few years we will see a push at the national level to enact caps on damages in civil cases. To explain it simply, a cap on damages is the equivalent of denying a …

  • Missouri Cap on Punitive Damages OverturnedOctober 22nd, 2014

    Punitive damages–monetary amounts designed to be a deterrent for reckless behavior against defendants–are important to the civil justice system in this country. However, they are also often attacked by critics in the so-called “tort reform” movement for being disproportionately large and arbitrarily assigned. The headlines …

  • Bipartisan Budget Act Threatens Personal Injury AwardsJanuary 15th, 2014

    On December 26, 2013, President Obama and the House Budget Committee leadership reached a deal that set a new federal budget. The deal, according to Reuters, “reduces the risk of another government shutdown.” A less publicized section of the Bipartisan Budget Act, one that few …

  • Facebook and Discovery in Personal Injury CasesFebruary 1st, 2012

    As Facebook encroaches more and more into our daily lives, it was only a matter of time before judges would begin taking it into account when making legal decisions. As reported recently by The Legal Intelligencer, a local judge has just weighed-in with his opinion …