Archive for the ‘Politics’


Sides Split on Changes to Wisconsin Liability Laws

Wisconsin Governor Jim Doyle has proposed a measure that would return the concept of joint and several liability to the state. Supporters of the proposal say it would provide victims of negligence with a valuable tool in helping recover damages for wrongdoing. Business interests on Thursday decried the proposal, saying it would lead to more lawsuits, raise insurance rates and drive some out of business. State law had allowed for joint and several liability until 1995.

Family Files Suit Over Toddler’s Death

A Dallas suburb and responding police officers were negligent in the death of a toddler who became entangled in a soccer net, a lawsuit filed by family members claims. According to the lawsuit, responders wasted valuable time by initially treating the situation as a crime scene rather than a medical emergency. The lawsuit seeks unspecified damages and a jury trial.

Detainee Decision Could Be Tough on Plaintiffs, Experts Say

Plaintiff attorneys are bemoaning Monday’s Supreme Court decision to dismiss a complaint against former Attorney General John Ashcroft by a Pakistani Muslim who was detained in the wake of the 9/11 terrorist attacks. Experts in civil procedure predict that the ruling could make it much more difficult for plaintiffs, in all types of cases, to withstand defendant motions to dismiss. The case is Ashcroft v. Iqbal.

Senator Wants Auto-Dialer Inquiry

Turncoat Senator Charles Schumer is seeking a federal inquiry into the use of auto-dialers with recordings stating a vehicle warranty is expiring. The calls are made to both land and cell phone lines, including numbers on the do not call list, and are made to people who do not even own cars. In most cases, the warranty being offered is at a very high cost and does not cover many repairs.

Appeals Court Revives Rendition Lawsuit

A federal appeals court has revived a lawsuit accusing a Boeing Co. subsidiary of assisting the CIA in the transportation of terror suspects to foreign countries for the purposes of torture. In a 3-0 ruling, a 9th Circuit Court of Appeals found that the government and Jeppesen Dataplan of San Jose should not be shielded from judicial scrutiny simply because the case may involve state secrets. Justice Department attorneys had argued that lawsuit by alleged torture victims should be barred because of potential threats to national security.

Justice O’Conner Says Elections Threaten Judicial Impartiality

Popular judicial elections could threaten public trust in the judiciary, retired U.S. Supreme Court Justice Sandra Day O’Connor told lawmakers and attorneys this week. Speaking before the St. Joseph County Bar Association, O’Connor said she fears that judge are less effective and subject to politician pressure if they fear their decisions might dictate how long they will stay in office. Merit-based selection is the best strategy to maintain an independent and impartial judiciary, according to O’Connor.

Nevada Passes Bill to Lift Malpractice Cap

Nevada lawmakers on Monday passed legislation that aims to do away with a $350,000 cap on non-economic medical malpractice damages. Under the bill, plaintiffs could recover unlimited damages in instances of gross negligence. Support for the issue gained momentum following a widespread Hepatitis C scare last year

Oklahoma Governor Vetoes Restrictions on Use of Settlement Money

Oklahoma Governor Brad Henry on Wednesday vetoed a bill that would prevent lawyers from using settlement money to contribute to candidates, lobbying groups or political action committees. Henry said the legislation, which would have applied only to attorneys, would have violated the state constitution. Henry said he is open to a comprehensive bill covering all businesses and professions.

Lawmaker Calls for Probe of AIG’s Handling of Contractor Claims

House Democrats may investigate whether the American International Group Inc. and other insurers tasked with providing coverage for civilian contractors in Iraq and Afghanistan have wrongly denied or delayed claims from injured workers, the Los Angeles Times reports. In a letter to the chairman of the subcommittee on domestic policy, Rep. Elijah E. Cummings called for a probe into AIG’s handling of a taxpayer-finance workers’ compensation program. One analysis determined that AIG had denied 44 percent of all serious injury claims from civilian contractors working overseas.

Nursing Home Damage Cap Fails

A bill that would have capped damages in lawsuits against nursing homes has failed to gain subcommittee approval in the Tennessee legislature, the Knoxville News Sentinel reports. Under the proposed legislation, non-economic damages in nursing home cases would have been capped between $300,000 and $500,000. Critics of the bill argued that lawsuits are necessary to prompt nursing homes to improve patient care.

 

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