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T. Thomas Metier

If a Statute Caps Damages in a Tort Proceeding, is It Considered an Affirmative Defense?

The United States Court of Appeals for the Tenth Circuit decided what was appropriate in Racher v. Westlake Nursing, No. 16-6011, (10th Cir. 2017). In this case, Eryetha Mayberry was a patient at the Quail Creek Nursing Home, which was […]

T. Thomas Metier

When an Arbitration Claim is Made in Both State and Federal Courts, Is It Considered the Same for Res Judicata Purposes?

The United States Court of Appeals for the Tenth Circuit had a chance to determine that in Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC v. Seth T. Cohen, as Personal Representative for the Estate of Tessie Hammann, deceased; VICKI […]

Eric Washburn

Signs Your Elderly Loved One Is Being Abused

According to statistics from the National Council on Aging (NCOA), one out of every 10 people in this country who are over the age of 60 has experienced some incident of abuse each year. This means that 5 million seniors […]

James Humann

MASS TORT UPDATE: $300 MILLION BENICAR SETTLEMENT

On August 1, 2017, the Daiichi Sankyo Company announced it has agreed to a $300 Million settlement related to its olmesartan product, Benicar. The manufacturer/defendant, Daiichi Sankyo, is a global pharmaceutical company with origins in Japan.  While agreeing to a […]

Jon Lewis

Need an attorney? Do you want a Mill or a Boutique?

So, you are in a car wreck, or you’ve suffered from medical malpractice, or a family member or acquaintance has been killed due to another’s negligence, or you’ve been defrauded or wrongfully treated by an insurance company.  What do you […]

F. Paul Bland, Jr.

The Nursing Home Industry’s War to Deny Patients Their Day in Court

The proposed “revisions” of an important government rule roll back the prohibition on pre-dispute forced arbitration agreements and allow for forced arbitration as a condition of admission to nursing homes, closing the courthouse doors for many. It’s important to make your voice heard on this proposed step backwards by submitting public comments urging that our most vulnerable be protected.

Mark Bello

Two Families File Wrongful Death Lawsuits Against Massachusetts Nursing Home

Two families have filed wrongful death lawsuits against a Massachusetts nursing home claiming the facility is to blame for the residents’ deaths in 2015 from injuries suffered after falls. Both residents died of blunt force head trauma. One victim was […]

Tatum O’Brien

H.R. 1215- an Anti-Justice Bill Limiting Recovery for those Injured in Healthcare Cases.

Congress has recently taken several bills under consideration related to tort reform. If these bills are passed, they could limit, eliminate, or significantly change individual’s access to the justice. On June 28, 2017, the House is to vote on “Protecting […]

Randy Appleton

West Virginia Nursing Home Sued for Negligence

A man is suing AMFM LLC in Charleston, West Virginia, which is the owner of a nursing home where the man’s wife was a resident in 2015. The lawsuit alleges that Lula Jarvis died in the care of the nursing […]

Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]