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Americans’ rights under attack

Have you ever read the Seventh Amendment to the Constitution? It says “the right of trial by jury shall be preserved.” (emphasis added). Wouldn’t it be great if our elected officials were as concerned with preserving consumers’ Constitutional right to a trial by jury in…

By Michael Phelan

/ 13 Mar 2017

How are Reasonable Attorney Fees Calculated in a Bad Faith Insurance Claim?

In the case of Nibert v. Geico Casualty Company, 2017 CO A23, February 23, 2017, Denise Nibert and her husband were injured in a car accident in 2012. Nibert received the policy maximum from the motorist at-fault, but she also carried underinsured motorist insurance through…

By T. Thomas Metier

/ 12 Mar 2017

Can You Get Prejudgment Interest Without Filing a Lawsuit?

Prejudgment interest can be recovered in a personal injury claim in Colorado under Section 13-21-101(1): “In all actions brought to recover damages for personal injuries… it is lawful for the plaintiff in the complaint to claim interest on the damages alleged from the date said…

By T. Thomas Metier

/ 10 Mar 2017

CDC – MESOTHELIOMA DEATH RATES RISING

In a report published recently, the Centers for Disease Control and Prevention showed that mesothelioma mortality rates are still rising, despite increased awareness about the dangers of asbestos and better detection and treatment methods. The CDC reports that mesothelioma deaths increased from 2,4

By Andrew D'Arcy

/ 9 Mar 2017

NEW LYME DISEASE WARNING FOR NJ

It could be a bad year for Lyme disease, predict two upstate New York scientists who study the disease.

By Andrew D'Arcy

/ 9 Mar 2017

RISPERDAL LAWSUITS

According to Johnson & Johnson’s most recent annual report, there are now 18,500 Risperdal lawsuits pending against Johnson & Johnson and its subsidiary Janssen Pharmaceuticals in the US and Canada. Risperdal (risperidone) is an antipsychotic approved by the Food and Drug Administration in 1993 for

By Andrew D'Arcy

/ 9 Mar 2017

Suspicionless Searches of Unsupervised Probationers Unconstitutional in North Dakota

In State v. Ballard, 2016 ND 8, the defendant, Jeremy Ballard was on unsupervised probation as a result of pleading guilty to two misdemeanor drug crimes. A few months later, a deputy sheriff saw Ballard driving a vehicle with two passengers. The deputy knew Ballard…

By O'Keeffe O'Brien Lyson Attorneys

/ 6 Mar 2017

How Much Social Media Data Will the Court Compel?

In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, the court narrowed the scope…

By T. Thomas Metier

/ 3 Mar 2017

Do U.S. Hospitals Make the Grade with Maternity Care?

In an era when individuals are bearing more of, if literally not all, the financial burden for their health care coverage, we are seeing a much more heightened selection process in regards to where these consumers go for medical treatment and how they are willing…

By Christopher T. Nace

/ 2 Mar 2017

Do U.S. Hospitals Make the Grade with Maternity Care?

Does the Writing on the Back of the Lift Ticket REALLY Waive Liability?

If you plan to go to Vail and enjoy some skiing—you had better read the waivers you are signing. In Brigance v. Vail Summit Resorts, Inc., (Civil Action No. 15-cv-1394-WJM-NYW.) United States District Court D., Colorado, January 13, 2017, the court granted Motions for Summary…

By T. Thomas Metier

/ 1 Mar 2017

Fire Your Attorney for Cause, Hire a New One and Win the Case. Who Gets Paid?

The district court determined Mintz was not entitled to fees because Mintz had been discharged for cause, and under the express language of the agreement between Mintz and the plaintiff, Martinez, Mintz had therefore forfeited any fee.

By T. Thomas Metier

/ 28 Feb 2017

Governor Burgum Should Exercise His Constitutional Right to Threaten a Veto

On February 22, 2017, The Forum published an article on the North Dakota Legislature’s potential elimination of income-tax breaks for new businesses and residents in Renaissance Zones in cities across the state. (“Tax break reform plan could ‘cripple’ downtown Fargo growth, officials say,” http://ww

By O'Keeffe O'Brien Lyson Attorneys

/ 27 Feb 2017