This past Tuesday, the Supreme Court issued a decision making it harder for plaintiffs to file injury suits against companies in states where the injury did not occur. The Court decided in favor of Texas-based BNSF Railway Co. with an 8-1 ruling, concluding that the plaintiffs should not be able to file in Montana as […]
Will I Lose My Personal Injury Case Because I Have a Criminal Record?
If you are completely honest and up-front with your attorney from the very beginning, your criminal record should not cost you your case. Your lawyers need to know so they can prepare a strategy to deal with it, because it will come out at some point. If your attorney doesn’t know and gets blindsided with […]
Can I Sue for Wrongful Death if My Partner and I Were Not Married?
Wrongful death laws are different in each state, but no state allows for wrongful death claims brought by a girlfriend or boyfriend. You must be a family member in the eyes of the law. That doesn’t necessarily mean that you had to be formally married to have spousal rights. And, even if you do not […]
What Does “Pain and Suffering” Really Mean?
The type of pain and suffering you experience depends on the nature and severity of your injuries and how they affect your life. Examples of pain and suffering include: Physical pain caused by your injuries Depression Anxiety Fear Anger Humiliation Mood swings Post-traumatic stress disorder (PTSD) Loss of appetite Sleep disorders Sexual dysfunction Loss of […]
FTC Allows Dealerships to Market Defective Cars as ‘Safe’
Auto safety advocates have filed a lawsuit against the Federal Trade Commission (FTC), alleging that a settlement between the regulatory agency, General Motors and two used car dealers puts car buyers at “the risk of injury or death caused by the defective vehicles.” The settlement, announced last year, allows used car dealers to advertise cars […]
VW Pleads Guilty to Criminal Charges in Emissions Scandal
On March 10, 2017, Volkswagen AG (VW) pleaded guilty to criminal charges in connection with the emissions scandal that is said to be the auto industry’s most expensive scandal in history. The company has agreed to pay $10 billion to buy back 500,000 vehicles and to pay $5,100 in additional compensation to each owner. In […]
Seeking Damages for Complex Regional Pain Syndrome After an Accident
Complex regional pain syndrome (CRPS), also referred to as reflex sympathetic dystrophy (RSD) is a debilitating and painful condition for which there is no cure. CRPS can stem from an injury so minor that you didn’t even realize you were injured when the accident occurred. It happens when the immune system and nervous system respond […]
The “Fairness in Class Action Litigation Act of 2017” Is Only Fair for Business Defendants
On February 9th, Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee, introduced HR 985, or the “Fairness in Class Action Litigation Act of 2017,” a bill that Howard M. Erichson of Fordham University said is “slapped together without any nuanced understanding of the law of class actions.” Section 1717 According to John C. Coffee, […]
Civil Justice Bills Pose Major Threat to Civil Litigation Process
Following the inauguration of Donald Trump, House Republicans introduced several bills that amount to one of the greatest affronts to tort and class action law since 2005. But what exactly does the GOP intend to do with these bills? While “The Fairness in Class Action Litigation Act of 2017” (HR 985) touches on nearly all […]