Articles Posted in law

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…

Congratulations to attorney Patrick J. Loughren of Pennsylvania for his victory in Tristani v. Richman, a medicaid subrogation case. I don’t have a lot of time today to dig through this case, which is 50 pages long and denser than a fruitcake, but this is, in my opinion, and “extension” on Ahlborn. also, it addresses…

Well, the world’s ugliest law blog has hit 30,000 unique visitors after a little less than 2 years of operations. Not bad for a blog concentrating on one of the more boring topics in the world: liens and subrogation. Here are the stats as of today: Maybe I’ll set my summer intern loose on trying…

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,…

A friend forwarded me a great article by a columnist who writes for a Philadelphia newspaper. It exposes some of the horrible practices that I’ve noticed over the years by one of America’s largest insurers, Allstate. Some of Allstate’s practices are so extreme that I’ve had Allstate adjuster say to me “I know this case…

The WorkPlaceProf Blog has posted an interesting case which has some very minor posisbilities of being a “nose under the tent” in NC to avoid ERISA liens. Basically, the case cited from the US Supreme Court has allowed a state to trump ERISA in order to “take” money away from a retirement plan for a…

This is a great YouTube video on the issue of “Tort Reform.” The video does a great job showing how giant corporations have twisted and distorted the truth about law suits in America simply to poison jury pools. They do this so they can continue to deny responsiblity for wrong doing, and basically “save a…

To often, politics of the right and the left interfere with the stark reality of tort reform. In the past decade or so, conservatives have used “tort-reform” as a political “wedge issue” and have spent multi-millions of dollars to turn the public, and juries, against all Plaintiffs. The article below was written by a self-described…

This just in from www.cnn.com Every once in a while someone goes a little too far in trying to avoid jury service. Looks like this guy went overboard in his attempt to avoid service on a grand jury, which amittedly, can take a lot of time. I think the Judge did the right thing here.…

One of our local (Wake County) Judges has ruled that witnesses in court can now be “sworn in” with just about any religious text, including the Quran. I completely agree with this decision and applaud Judge Paul Ridgeway for the courage to do the right thing. Interestingly, the stories don’t mention that witnesses already have…