Illusory Economic Loss Theory Held “Absurd” – Class Action Dismissed
As anyone can tell from our class action scorecards (federal and state), plaintiffs have not done very well lately – lately being the last couple of decades – with class actions involving alleged injuries caused by prescription medical products….By: Reed Smith
Florida Jury Awards $2 Million Verdict in Tobacco-Related Wrongful Death Suit
On March 27, 2015 a team of Stark & Stark attorneys led by Shareholder Stephen A. Corr, Esq. obtained a $2 million verdict from an Indian River County, Florida jury in a wrongful death suit against Philip Morris USA Inc. and R. J. Reynolds Tobacco Company. The verdict was a victory for widower Robert Gore, whose wife , Gloria, was a smoker for over four decades and suffered from carotid artery stenosis and later died of lung cancer. In awarding the verdict, the jury asserted that Gloria Gore was 54-percent responsible for causing the illness that killed, while also asserting the balance of responsibility split evenly between R.J. Reynolds and Phillip Morris. The jury did not award any punitive damages, a reversal from an August 2014 mistrial after a jury …
Read Insurance Policy as Drafted, Not as Insurance Company “Wishes It Had Drafted It”
Confronted with an ambiguity in its own insurance policy, an insurance company will sometimes attempt to rewrite its policy long after it first issued that policy. Last week, the Pennsylvania Superior Court again rejected such gamesmanship,…By: Reed Smith
Are Helmets Required in Pennsylvania and New Jersey?
As most riders know, wearing a helmet is mandatory in New Jersey. Not so in Pennsylvania where anyone 21 years of age or older and has been licensed to operate a motorcycle for not less than two full calendar years OR has completed a motorcycle safety course approved by PennDOT or the Motorcycle Safety Foundation can ride without one. Beyond the arguments for or against mandatory helmet laws is the reality of the dangers associated with riding without one. A few years ago, the Philadelphia Inquirer published an article on the Pennsylvania law that permits riders to forgo a helmet and State Representative Dan Frankel’s effort to reinstate a mandatory helmet law. According to the National Highway Traffic Safety Institute, in New Jersey for the year 2007, there were 85 …
Man secures seven figure damages settlement after life changing industrial accident, 17th April 2015
A 35-year-old Middlesbrough man who underwent a lower limb amputation after being crushed and then dragged for six feet by a piece of machinery has secured a seven-figure compensation settlement with the help of Thompsons Solicitors.
Why my New Jersey Workers ’ Compensation is Paid in Weekly Increments Rather Than a Lump Sum and is There Any Way to Receive it Now?
Permanent partial and permanent total disability benefits in New Jersey are considered to be wage replacement benefits, so they are paid in the same manner as wages, which is weekly. These benefits accrue from the date of the last payment of temporary disability benefits. In many cases, the entire award has not accrued at the time of the settlement hearing and the injured worker will receive payments weekly until the award has been paid in full. Once the award has been entered, the benefits are due and payable to the injured worker or his dependents should he die during the period of the payout. In certain rare circumstances, an injured worker may petition the court requesting that all or some of the award be paid in a …
Compensation secured for injured van driver, 8th May 2015
A delivery driver, who suffered head and shoulder injuries after falling from a work vehicle, has secured £75,000 in compensation with the backing of Unite the Union and Thompsons Solicitors.
How Long Will Workers’ Compensation Benefits Last?
You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim. You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered? Can You Work? In addition to compensating you for your medical costs, workers’ compensation pays you for lost wages that you suffer. How much you’ll get and how long you’ll get payments depends on your state’s statutes. Temporary partial disability and Temporary total disability Temporary partial disability applies when you have some disability that still allows you to perform limited or part-time work at a lower income level. In Maryland, if you have a …
82-year-old subjected to multiple operations after shopping centre slip, 30th April 2015
Frank Delaney, a former grammar school head science lab technician from Aylesbury in Buckinghamshire, has secured compensation after slipping and falling on water in the entrance to the Friars Square Shopping Centre.
Side Swipe, or Lane Changing Auto Accidents
Lane change or “side swipe” collisions are more common than one might think. These auto accidents are described as a “glancing blow” from or on the side of another object, such as another vehicle and usually occur when one vehicle makes an improper…By: Barry P. Goldberg, A Professional Law
Questions Remain About Jeep’s Hazardous Fuel Tank
Five years ago, the National Highway Traffic Safety Administration (NHTSA) launched an investigation into the safety of the Jeep Grand Cherokee and Jeep Liberty. The investigation was in response to a number of claims that the placement of the fuel tank on the 1993-2004 Cherokee model and the 2002-2007 Liberty model led to an increased likelihood of the tank being punctured and catching on fire in a rear-end collision. Over 75 fatal accidents have been linked to the faulty placement of the gas tank. Why Was the Placement of the Gas Tank Unsafe? When a vehicle is rear-ended, there is a standard crush zone of about two feet, meaning any auto part within two feet of the bumper could potentially be impacted by the collision. Because of this …
Opposition to a Discriminatory Practice
05/03/2015 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse // (press release) Employees and employers alike know that an employee who complains that he has been discriminated against is statutorily protected from retaliation by the employer. But, many employees–and some employers–do not know that an employee who “opposes” discriminatory conduct is also protected from retaliation. To establish a violation of Texas’s antidiscrimination law, the Texas Commission on Human Rights Act, an employee must show that: (1) he engaged in an activity protected by the law; (2) an adverse employment action occurred; and (3) a causal link between the protected activity and the adverse action exists. An employee engages in protected activity when he: files a charge of discrimination; complains internally of…