Articles Posted in NC Law Changes

Malpractice reform should focus on increasing good care not relieving of liability. Discussing gross v regular negligent. “Sets the bar too high” CAPS: 250 caps discriminate against retired people who have no hard economic costs. Will mean old people will not even be able to get lawyers. Retired, disabled and unemployed will not be able…

Kyre continues on Daubert. I hope hr takes all 45 minutes of the proponents of this bill. Daubert even makes lawyers roll their eyes. Kyre: “jurors can be misled by a sharp talking trial lawyer who can fool them” Translate: Juries are stupidAlternative: I’m not a good enough lawyer to point out shenanigans of opposing…

p>Every provision favors perpetrators of harm. Nothing helps people of Nc Cap on damages of $250k Most troubling provision is SB 33 ER immunity provisions. Only drunk stoned doctors are liable. Gross negligence is too high a standard. EMTALA on federal level may give OBgYN doctors immunity. Invites committee to put definition of emergency in…

Correction to last post, that was David Hood, a defense lawyer here to speak for the Chamber of commerce on 6-21.1 attorney fees. His identical twin brother is John Hood, of John Locke foundation. David will argue that Atty fee statute needs to be changed because it considers the time the lawyer works on the…

NC House Bill 542 the Omibus “Tort Reform” Bill, has a provision that on its face seems to give immunity to “Emergency Rooms” for negligence. But the Bill is very subtle in the way it defines “emergency.”  This information was brought to my attention by a lawyer who used to be a Hospital Administrator and…

This is a test post. Today the NC house Select committee on Tort Reform meets at 11am to discuss, for only two hours, a massive overhaul of the right to a fair trial by jury. I will attempt to “live blog” the hearing here. This is my first attempt at this, so we’ll see how…

The North Carolina House is set to discuss a “tort reform” Bill tomorrow H542 (they have not “officially” released it but NC Trial Law Blog has an advanced copy) that would grant immunity from suit to any product “regulated” by a State or Federal Agency. UPDATE: 4:24 pm March 30, 2011: The Bill has finally…

OK folks, hold on to your hats (does anyone wear hats these days?) it is time for a trip down an Orwellian rabbit hole (to mix some metaphors) into political intrigue, lawyers, lobbyists, and a organization posing as “we, the people.” No, it’s not a national political party, its a North Carolina effort to take…

NC Lawyers’ Weekly has provided a great link to an article that was run in the Winston-Salem Journal about contributory negligence laws in North Carolina.  Contrubutory Negligence is an issue that people don’t know or care about, until they face the problem themselves. Basically, in NC, even if you are hurt by someone else’s negligence,…

I had the pleasure of speaking this morning at the North Carolina Academy of Trial Lawyer’s Workers’ Compensation Roundtable Seminar. I was pinch hitting for a number of State and federal Employees who were supposed to talk about: Medicaid, Medicare, State Employee Health Plan, and TriCare. Instead, they got me. I am posting a link…