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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 on our tort system, particularly…

By The Scott R. Marshall Law Firm

/ 26 Apr 2017

Tort Deform: Tort Reform and the Absurdity of Caps on Damages

Cars, Cyclists and Pedestrians Make for an Unsafe Mix

Cars should not be the only concern for cyclists and pedestrians—in crowded urban areas, these two non-motorized ways of getting around town could pose an all-too-real risk to each other. Case in point: on March 9th at Franklin Square in Washington, D.C. a woman was…

By Christopher T. Nace

/ 25 Apr 2017

Cars, Cyclists and Pedestrians Make for an Unsafe Mix

Can an Insurer Depreciate the Covered Loss Amount When Terms Are Vague?

The Supreme Court looked at Henn’s claim that the language in the insurance contract was ambiguous, American Family disagreed.

By T. Thomas Metier

/ 24 Apr 2017

Auto Insurance: Bodily Injury (BI) Covers Your Assets, Uninsured Motorist (UM) Covers Your A**

OK, you’ve got PIP, PD, Medical Payments, Collision, Comprehensive, how much Bodily Injury (BI) coverage to you need? (Don’t remember what all that means? Click here for Auto Insurance 101). First, you are not currently required to have Bodily Injury coverage on your auto insurance…

By The Scott R. Marshall Law Firm

/ 23 Apr 2017

Auto Insurance: Bodily Injury (BI) Covers Your Assets, Uninsured Motorist (UM) Covers Your A**

When Can an Insurance Company Stop Paying Long-Term Benefits?

Johnson’s doctors claimed she could not work. LINA’s doctor claimed she could, with accommodations, and LINA denied the claim.

By T. Thomas Metier

/ 22 Apr 2017

Is a Pro Se Filing as Representative of an Estate an Unauthorized Practice of Law?

The Supreme Court holds that the district court did not err in holding that the prior complaint was a nullity, and that an amended complaint could not relate back to the filing of the original pro se complaint.

By T. Thomas Metier

/ 20 Apr 2017

When Can an Expert Witness Be Excluded from Testifying and Why?

Ultimately, the court determines the untimely disclosure was harmless and therefore, Baldwin will not be excluded.

By T. Thomas Metier

/ 19 Apr 2017

Auto Insurance: No Fault (PIP) vs. Bodily Injury (BI) – The Politics of Mandatory Auto Insurance Coverage

We live in a world where insurance has become a necessary evil. Why? In the United States, we do not have true social welfare benefits that take care of you when you can’t take care of yourself. You have to buy insurance for that. If…

By The Scott R. Marshall Law Firm

/ 16 Apr 2017

Identity Thieves Continue to Target Hospitals in 2017

Recently, a federal judge granted class action status to a civil suit filed against Triad of Alabama, the previous owner of Flowers Hospital in Dothan, Alabama—where, in 2014, a former phlebotomist was convicted of felony identity theft and sentenced to two years in prison after…

By Christopher T. Nace

/ 13 Apr 2017

Identity Thieves Continue to Target Hospitals in 2017

NURSING HOME RAPE EPIDEMIC

The size and structure of aging Americans is changing. According to the U.S. Census Bureau, the nation will experience considerable growth in its older population as baby boomers continue to enter their golden years. This growth in elderly individuals is increasing the demand and need…

By Andrew D'Arcy

/ 12 Apr 2017

TALCUM POWDER CANCER LAWSUITS

According to a recent court filing, Johnson & Johnson now faces talcum powder lawsuits brought by more than 4,000 plaintiffs nationwide, with most involving allegations that years of using Johnson’s Baby Powder or Shower-to-Shower caused adult women to develop ovarian cancer.

By Andrew D'Arcy

/ 12 Apr 2017

DRUG GIANT MYLAN GETS FDA WARNING LETTER

The U.S. Food and Drug Administration has cited local generic drug giant Mylan for “significant violations” of manufacturing regulations at a plant in Nashik, India, according to a warning letter released by the agency Tuesday. The FDA conducted inspections at the plant from Sept. 5-14…

By Andrew D'Arcy

/ 12 Apr 2017