Monday, January 31, 2005

Lawsuit myths propelling tort reform

Insurance companies are the driving force behind tort reform. They have influenced many in the Republican party (including the President), corporations and physicians that the reason for the steady increase in insurance premiums is due to large tort verdicts. Because they do not have facts to back up their assertions, they have relied on myths. more....>

Friday, January 28, 2005

Tort Reform outlook for 2005

Lawyers Weekly takes a look at medical liability reform, class action reform, frivolous lawsuit sanctions, asbestos trust fund and "fast food" lawsuit legislation in Congress for the coming year. more...>

Thursday, January 27, 2005

Tort reform bill limiting "frivolous" lawsuits introduced in Congress

A new tort reform bill has been introduced in Congress that would impose sanctions on lawyers for "frivolous" lawsuits. The bill would also attempt to reduce forum shopping. more...>

On the topic of tort reform, New York State should enact a stronger good faith law. If, for example, an insurance company fails to pay a claim in which they do not have a good faith defense, they should be subject to sanctions. For example, one high profile insurance company has an unofficial policy of not offering compensation to plaintiff's who are injured in auto accidents prior to jury selection in New York State. How would you feel if you were a passenger in a car waiting at a traffic light when an Allstate insured vehicle came into contact with your vehicle in the rear and they waited until jury selection (as long as three years) to compensate you for your injuries?

Wednesday, January 26, 2005

Running red lights cited as a leading cause in car crashes

It may not come as a surpise that a study conducted by the Farmers Insurance Group has found that running a red light is a leading cause of car accidents. A staggering 36% of all drivers admitted to running a red light in the past year. The study also concluded that women are more observant of traffic lights than men. more...>

Tuesday, January 25, 2005

What is Tort Reform?

I have been blogging about tort reform extensively. However, how many people really know what tort reform is? Check out Whatistortreform, a site billing itself as a user-friendly guide to tort reform.

Monday, January 24, 2005

Immigration is changing the makeup of NY neighborhoods

The New York Times reports that immigation in New York is at record levels. 60% of all babies are born to at least one foreign born parent. What effect does immigation have on NYC's neighborhoods? more...>

Thursday, January 20, 2005

Do judges make their decisions in a blink of an eye?

How do judges reach their decisions? Do they use intuition or logic? Judge Posner has written a book on this subject. more...>

Actually, he reviewed the book blink. ... thanks for the comment.

Wednesday, January 19, 2005

Should orphans from the Tsunami be permitted to immigrate?

The tsunami catastrophe has created thousands of orphans. Should these orphans be allowed to immigate into the United States? The USCIS doesn't think so. more...>

Tuesday, January 18, 2005

Survey: Malpractice suits are of low priority

The A.P. reports that reducing malpractice awards ranked 11th out of 12 on a list of items people thought should be health care priorities in Congress. President Bush has focused on tort reform as the main priority in reducing health care costs. more...>

Thursday, January 13, 2005

New York Daily News weighs in on tort reform

Following President Bush's symbolic appearance in Illinois last week kicking off the tort reform debate for the New Year, there has been much reaction to the issue in the press. The New York Daily News posts this editorial which calls for revoking the licenses of doctor's have lost a substantial number of malpractice verdicts.

Tuesday, January 11, 2005

New York Times editorial "Tort Mythology"

The New York Times on Sunday, posted this editorial entitled "Tort Mythology," which attacks the Bush administration's view of "tort reform."

Thursday, January 06, 2005

Boys fall from chute ruled accidental

Yesterday I blawged about a boy who was killed after he fell down a chute. Newsday reports today that the fall was ruled an accident.

Nevertheless, I still feel strongly that there must be some action against "ambulance chasing" attorneys.

Wednesday, January 05, 2005

9 year old retarded boy killed in hospital fall

A 9 year old retarded boy was killed yesterday when he fell down a Harlem nursing home chute. The family blames the accident on inadequate supervision. more...>

Has anyone from the press contacted the family regarding the number of law firms that have approached them? I could almost guarantee that 10 runners, (independent contractors who receive a fee upon a personal injury referral) have contacted Azeana Jones, the mother of the boy, in violation of ethics rules. I call on the OCA (Office of Court Administration) to investigate each and every retainer statement filed by law firm's that has been retained following press coverage.

It is my belief that law firms employing runners are a cancer in the legal profession that must be dealt with harshly.

Monday, January 03, 2005

Bush plans to declare war in Madison County

President Bush is planning to fire his first shots in his war to reform tort law in Madison County, Illinois. The county is known for its heavy docket of tort cases. more....>