The Myth of the Medical Malpractice Crisis Lives On While Insurance Companies Earn Record Profits
There was a recent New Jersey jury verdict of $18.5 million for a birth injury. The medical malpractice award was reported in The Star Ledger. Essentially, the jury issued the verdict after…May 7, 2010
Taxpayers Will Bear the Brunt of BP‘s Failures
BP seems to be saying all the right things to the press. They acknowledge full responsibility for the accident and its clean up. They have indicated that they are putting every available…May 3, 2010
Rejection of UM/UIM Coverage Must be in Writing but Need Not be Signed by Insured??
The law in New Mexico regarding the rejection of uninsured/underinsured motorist coverage seems to be turned on its head in the recent New Mexico Supreme Court case of Marckstadt v. Lockheed Martin,…April 23, 2010
Recovery of Punitive Damages Under Uninsured/Underinsured Motorists Coverage
Punitive damages are awarded in limited cases for the purposes of punishment of the defendant. Punitive damages also serve to deter similar such behavior by the defendant and others similarly situated. In…April 21, 2010
Mine Safety? Shareholders Meet the Trial Attorneys!
President Obama has announced sweeping mine safety initiatives in response to the recent West Virginia mining disaster in which 29 miners were killed. This is all well and good, but will it…April 16, 2010
Dram Shop Liability Issues Not Always Apparent
There have been a couple of recent decisions involving very large damage awards against bars for the drunken actions of their patrons. The cases fall under dram shop and premises liability laws…April 12, 2010
Medicaid Liens: What is the Obligation in a Personal Injury Settlement?
Medicaid liens can cause significant financial complications following settlement of a personal injury lawsuit. There are significant penalties for failure to properly account for those liens out of settlement funds. It is…March 30, 2010
Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
As promised in my last post, I will set forth the issues of import for uninsured/underinsured motorist coverage in New Mexico addressed in Salaz v. Mountain States Mutual Casualty Company. The case…March 26, 2010
Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!
The debate over frivolous lawsuits almost always leads to the McDonald‘s scalding hot coffee case. The case, Liebeck v. McDonalds‘s was filed in Albuquerque‘s Second Judicial District Court. The outcome was a…March 10, 2010
Tort Reform Ignores Bad Corporate Behavior: Case in Point, Toyota!
The Albuquerque Journal reports that Toyota officials bragged about the $100 million it saved by negotiating with the government for a limited recall related to the problem with sudden acceleration of its…February 23, 2010
- Federal Tort Claims Act
- The Myth of the Frivolous Medical Malpractice Lawsuit
- Caps in New Mexico Medical Malpractice Claims Against the Government: No Wiggle Room for Multiple Beneficiaries
- Caps on Punitive Damages: Great for Business, Bad for Everyone Else
- Can I Be Ordered To Pay the Other Side’s Legal Fees?
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- Medical Malpractice
- New Mexico Civil Rights Act
- Nursing Home Negligence & Abuse
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- Prison Medical Neglect
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- Wrongful Death