The California Court of Appeals has ruled that an amusement park operator cannot assert primary assumption of risk as a complete defense to a case arsing from an injury at the park. In Nalwar v. Cedar Fair, L.P. H03453 (Cal. Ct. App. 6th Dist. 6/10/11), held "that primary assumption of risk…
John Stossel is a Fox News reporter ( I use the word "reporter" lightly, especially in conjunction with Fox News) who dislikes lawsuits and the lawyers who file them. Except when he finds it necessary to file one. Like he did when he was bitch-slapped by a wrestler. Eric Turkewitz…
I know it is not a tort case, but this post from Law and Disorder reports on what can happen before the Seventh Circuit Court of Appeals when you don’t have your damages proof in proper order. An excerpt "I have never seen such an incompetent presentation of a…
Regular readers know that I am a Max Kennerly fan. He does it again with post titled "The Truth Self of The Plaintiff’s Trial Lawyer." An excerpt: Trial lawyers walk into court with plans, backup plans, and with training and experience in various techniques and methods. Trial, though, has a…
My friend Kyle Hendrick from Chattanooga send in a nice comment this morning, referencing a post of over 4 years ago that, quite frankly, had completely slipped my mind. I looked it up – and here it is: The President’s daughter Jenna has written a book that she "very, very modestly"…
The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system. Indeed, it has even created a "Litigation Center" to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician." Rumor has it…
On Monday, May 16, 2011 the American Law Institute adopted Chapter 10 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm. Chapter 10 addresses liability, both direct and vicarious, of those who employ an independent contractor. It replaces Chapter 15 of the Prosser /…
When Senator Campfield slammed lawyers on March 29, 2011 in a Senate Judiciary Committee, Senator Doug Overbey let it be known that he did not appreciate the unkind words of his fellow Republican. See the debate on SB 0127 here. Debate on the bill starts at 2:04:44. Campfield’s remarks begin…
Thomas Redmon gave the plaintiff herpes. He knew that he had the disease for over 25 years before he had sexual relations with the plaintiff. He knew that there was some risk in transmitting the disease even if he was lesion-free. He did not tell plaintiff that he had the…
This video demonstrates the struggles that defense lawyers have with some claims adjusters.