The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more
Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable...more
Collisions involving commercial trucks are among the most devastating vehicle crashes on New Jersey roads. When a tractor-trailer collides with a much smaller passenger vehicle, the results are often catastrophic. You may...more
Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more
The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more
Car accidents are a common occurrence in California. If you or a loved one has been injured in a car accident, you may be wondering how much you can expect to receive in a potential car accident settlement. The average car...more
Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more
Washington State courts are steadily opening the door for pet owners to seek non-economic damages, such as emotional distress, for injuries to their pets. In the past, Washington courts have allowed emotional distress damages...more
The year 2024 comes with new laws that impact the practice of personal injury law in California. The legislature enacted traffic laws to establish new standards of care at crosswalks and intersections. With these measures,...more
Is a beloved family cat a pet or a fur baby? Is a man who dresses his labradoodle in hand-knit booties a dog owner, or a pet parent? Increasingly, the language applied to animal companions has shifted from a property-based...more
Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect...more
On the virtual pages of this blog, I’ve long been a proponent of the idea of treating audiences for legal persuasion as active, not passive. What I mean by that is that they’re not just receptacles for your arguments, they...more
“Everything’s Bigger in Texas.” That has certainly been true of personal injury and wrongful death verdicts in recent years. But for how much longer? The Supreme Court of Texas recently issued a ruling that may limit the...more
A more than $15 million award for noneconomic damages in a wrongful death suit prompted the Texas Supreme Court’s recent plurality opinion in Gregory v. Chohan, __ S.W.3d __, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)....more
The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). The court of appeals...more
The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more
On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more
In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more
What is considered medical malpractice? Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care...more
On June 2, 2022, Senate Bill S74A, also known as the Grieving Families Act, passed the New York Senate Assembly and is expected to be signed by Governor Kathy Hochul. Once in effect, the new law will expand recovery rights...more
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more
Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more
Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more
HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois. This is the governor’s first bill rejection in two years and his ninth...more
On January 20, 2021, the California Court of Appeal, Second District, Division Six (Ventura), in Plascencia v. Deese (B299142), vacated a $30 million non-economic damages award in a highway fatality case because: (1) the...more