Mass Torts Litigation Putting a New Face on Common Tort Theories
Finding a consistent and widely accepted definition of mass torts is a difficult task. To some, it is synonymous with pharmaceutical products liability litigation; to others, it is a pseudonym for toxic torts; to others, it is perhaps more than these, and to others less. But consistent through the incarnations that we place on this term (mass torts) is the fact that it relates to litigation of very specific products that are, for the most part widely used, and in the same manner — or similarly so — by all end users. Drug and medical device litigation clearly fits within this definition.
Mutual Fund Scandals - ATLA 2004 Winter Convention
The past 20 or so years saw tremendous growth in the mutual fund industry.1 According to some reports, as many as 95 million Americans own shares of mutual funds.
National Bar Association 79th Annual Convention and Exhibits
The Rule of Law. How to Access a Product Liability Case.
Nursing Home Litigation Case Evaluation and Preparation Plaintiff's Perspective
Over 1.5 million people in the United States wake up every day in a nursing home, dependent on others to meet most or all of their needs. They are a helpless, vulnerable population whose numbers will increase dramatically in coming years as more baby boomers begin entering retirement. This growth will require that the quality and quantity of care offered by nursing homes be increased proportionately.
Nursing Home Litigation in the '90's not just Old Folk's in a Home
Nursing homes house some of the most helpless residents of our society. Their helplessness extends not only to their need for appropriate professional nursing care, but also to their need for vigilant protection of their legal rights. The combination of (a) increases in the number of persons subjected to nursing home care, (b) profit motive of nursing facility operators running amuck, (c) explicit regulatory standards, (d) inadequate regulatory oversight, (e) the frequency of substandard care resulting in serious injury or death and (f) the lack of other effective remedies for harm to individual nursing home residents, makes nursing home litigation potentially a fertile field for trial lawyers seeking to ensure fair compensation to persons harmed by the negligence of others.
Nursing Home Litigation Plaintiffs Perspective
In recent years, nursing home neglect and death cases have been on the rise. One reason for the rise in cases maybe attributed to the increasing age number of older members of the population. Another reason for the increase in cases maybe the government's increased role in regulating extended care facilities and the lawyer's role in helping to police the conduct of these long term care facilities. In Alabama, actions against a nursing home are governed by the Alabama Medical Liability Act of 1975 (Code of Ala. §§ 6-5-480 through 488) and the Medical Liability Act of 1987 (Code of Ala. §§ 6-5-540 through 552). (collectively the "MLA"). A number of the provisions set forth in these code sections have been validated as unconstitutional. However, the remaining provisions have a serious and practical impact on pursuing a nursing home case.
Nursing Home Malpractice Successful Case Management from Investigation to Trial
The opening statement is the springboard from which the plaintiff's attorney educates the jury on a nursing home's liability and persuades the jury that a verdict in favor of the plaintiff is the only way to serve justice. While an opening statement has several important goals, the ultimate goal of a successful opening statement is to marshal the significant points of the case, and develop the bond of trust created with the jurors in voir dire into a vehicle through which to express your theory of liability in such a way as to create a paradigm in the juror's minds that the only just and fair resolution of the case is a verdict in favor of the plaintiff. This vehicle is created by (1) conveying a particular theme to the jury from the beginning until the end of trial; and (2) highlighting faults in key defense issues and common defense ploys intended to shift liability away from the nursing home.
Other Similar Incidents Evidence in Products Liability Litigation
One of the most crucial issues in a products liability action is whether the jury will hear evidence of other incidents involving the same or a similar product. Few issues will strengthen a case for the plaintiff like evidence that the defendant was on notice of injuries caused by their product. Therefore, a good defense attorney will make every effort to prevents the admission of other similar incident evidence.1 In every products liability case where other similar incident, accident or injury evidence arises, the ruling of the court on this issue has the potential to significantly impact the outcome of the case.
Plaintiff's Perspective in Trucking Litigation
Today there are approximately 500,000 carriers operating as interstate carriers and numerous more operating solely as intrastate carriers. Most all of these carriers are governed by the Federal Motor Carrier Safety Regulations (FMCSR). Of the 500,000 interstate carriers approximately 70% of them have less than seven (7) trucks. There are approximately 8 million drivers in this country that have commercial drivers license (CDL’s). All of the CDL qualified drivers combined for approximately 2 billion miles traveled in 2002. Approximately 2.5 fatalities occur for every 1 million mile driven by these carriers.
Preparing for Success.The Keys to Building a Winning Products Liability Case
Many people outside of the legal profession have the misconception that a case is won or lost solely because of what happens in the court room. A good attorney knows, however, that the work that goes into drafting the complaint, deposing witnesses, discovering documents and choosing experts is every bit as determinative of the outcome of a case as anything that happens at trial. Adequate preparation in all these phases helps guarantee success at trial.
