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California high court agrees to consider impact of private health insurance on economic damages

Shook Hardy & Bacon LLP
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USA
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March 18 2010

The California Supreme Court has decided to hear a case asking whether a personal injury plaintiff may "recover as economic damages an amount exceeding what his or her private health insurance has paid and the relevant healthcare provider has accepted as payment in full for medical services."

Tenth Circuit dismisses tire failure claims proferred expert testimony unreliable

Shook Hardy & Bacon LLP
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USA
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August 5 2010

The Tenth Circuit Court of Appeals has affirmed a district court decision to exclude the plaintiffs' expert from testifying about the failure of a tire in a fatal vehicle accident and upheld the grant of defendant's motion for summary judgment

Study ranks tort systems of all 50 states

Shook Hardy & Bacon LLP
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USA
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June 24 2010

A recent study ranks the tort systems in all 50 states by the amount of money paid in plaintiff awards and settlements and the number of lawsuits filed

Empirical research, latest trend in legal studies raises concerns

Shook Hardy & Bacon LLP
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USA
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March 3 2011

The National Law Journal reports that a new divide has cropped up in legal scholarship with more legal scholars embracing a "data-driven approach to research

Legal scholars seek ethics and recusal rules for U.S. Supreme Court justices

Shook Hardy & Bacon LLP
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USA
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March 3 2011

More than 100 law school professors have submitted a letter to the Senate and House judiciary committees "to issue a nonpartisan call for the implementation of mandatory and enforceable judicial ethics rules to protect the integrity of the U.S. Supreme Court.”

Maryland High Court upholds non-economic damages limit

Shook Hardy & Bacon LLP
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USA
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September 30 2010

The Maryland Court of Appeals has determined that a statutory cap on non-economic damages does not violate a plaintiff's constitutional rights

Tennessee lawmakers advance tort reform package

Shook Hardy & Bacon LLP
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USA
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May 26 2011

Tennessee lawmakers have approved a tort reform package (HB 2008SB 1522) designed to improve the state's business climate

Plaintiffs challenge need for medical records to support medical monitoring claim

Shook Hardy & Bacon LLP
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USA
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May 26 2011

According to a news source, Pennsylvania residents who allege property damage and personal injury in litigation against companies extracting natural gas by means of hydraulic fracturing have sought a protective order to deny the defendants access to their medical records

Texas House passes “loser pays” tort reform

Shook Hardy & Bacon LLP
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USA
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May 12 2011

The Texas House of Representatives has reportedly passed without discussion or amendment a “loser pays” tort reform bill (H.B. 274

Wisconsin Governor signs sweeping tort reform bill into law

Shook Hardy & Bacon LLP
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USA
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February 3 2011

Wisconsin Governor Scott Walker (R) has signed a tort reform bill (A.B. 1) designed to provide businesses and nursing homes with added protection from lawsuits

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