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In a Lawsuit Over a Line of Credit Disagreement, How Is the Fee-Shifting Provision for Attorney Fees Interpreted?

The Colorado Court of Appeals took on this question in a drama-filled dispute among former friends in Klein v. Tiburon, (2017 COA 109). In 2005, the Kleins, the Kings, David Sell and his brother each put in money to form an LLC, “Tiburon”, to build…

By T. Thomas Metier

/ 1 Sep 2017

Cordis IVC Filter Lawsuits

With over 1,500 Inferior Vena Cava (IVC) filter lawsuits filed, most of the attention has been focused on two of the largest IVC filter manufacturers – C.R. Bard and Cook Medical. But it is important to remember that other smaller manufacturers have been responsible…

By Joseph H. Saunders

/ 1 Sep 2017

Letter Reveals Hospital Deficiencies that Officials Refused to Disclose

In August, United Medical Center (UMC)—a public hospital in Washington D.C.—had their obstetrics license suspended for 90 days without much explanation as to why. The local community and beyond were outraged, not only for the lack of details but also because it was the only…

By Christopher T. Nace

/ 1 Sep 2017

Letter Reveals Hospital Deficiencies that Officials Refused to Disclose

An Ode To Bus Safety, as school begins

“The strainht path of Truth the dear Girl’s keep their feet in And ah ! It would do your heart good Cousin Anne To see them arriving at Gracechurch Street Meeting All snugly packed 25 in a van.” Undoubtedly the first verse written in praise of…

By Pierce Egerton

/ 31 Aug 2017

Investigating a Birth Injury Claim Requires Significant Resources

St. Petersburg Birth Injury Lawyers Representing the Rights of Individuals Who Have Been Injured by Medical Malpractice Birth injuries can be devastating. The types of injuries that can affect a developing human being during pregnancy, labor and delivery often have a profound impact on the…

By Legal Examiner Staffer

/ 31 Aug 2017

Investigating a Birth Injury Claim Requires Significant Resources

Does Anyone Really Know How Many Lives Have Been Lost to Opioids?

Tennessee is a state that has been hit hard by the growing opioid epidemic. While the exponentially increasing number of overdose deaths due to the drug has been widely publicized, many officials doubt the accuracy of the figures reported—if anything, many feel the true number…

By Legal Examiner Staffer

/ 31 Aug 2017

New Trucking Mandate: Improving Safety or Opening Door to Hackers?

The trucking industry is currently only four months away from an approaching deadline that will require most commercial truck drivers to use an ELD—or electronic logging device—to monitor hours of service (HOS). Current regulations maintained by the Federal Motor Carrier Safety Administration (FMCS

By Legal Examiner Staffer

/ 31 Aug 2017

Intellectual Property Plays a Role in U.S.-China Trade Relations

An investigation into China’s intellectual property policies was launched by U.S. Trade Representative Robert Lighthizer. The investigation was prompted by China’s policies that purportedly require foreign tech companies to turn over sensitive data and secrets in order to do business in China. The i

By Legal Examiner Staffer

/ 31 Aug 2017

Is the $75,000 ‘Amount in Controversy’ Flexible When It Comes to Subject Matter Jurisdiction?

The United States Court of Appeals for the Eighth Circuit answers that question in Peterson v. Travelers Indemnity Company, No. 16-1146 (8th Cir. 2017). Lori L. Peterson (“Peterson”) was injured in a car accident while driving a loaner vehicle from Billion Empire Motors, Inc. Peterson…

By T. Thomas Metier

/ 30 Aug 2017

Improper Use of Forceps by Doctors

Even if everything goes as expected, the birth process can be traumatic and complicated for both a mother and infant. However, few birth situations go exactly as planned, and in many cases, a doctor must make decisions during the process based on presenting factors or…

By Legal Examiner Staffer

/ 30 Aug 2017

Fetal Heart Rate Monitoring Errors

During labor and delivery, doctors and nurses should be constantly aware that there are two patients—both the mother and the child. Even though the baby has not yet been born, it is imperative that a medical team remain aware of the condition of the baby…

By Legal Examiner Staffer

/ 29 Aug 2017

Road Check: Are Big Trucks Safe?

This past June, certified commercial motor vehicle inspectors in the U.S. and Canada joined together in the Commercial Vehicle Safety Alliance’s (CVSA) 30th annual International Roadcheck. During a three day period covering June 6-8, enforcement personnel conducted over 62,000 safety inspections (ov

By Legal Examiner Staffer

/ 29 Aug 2017