Developments in Truck Accident Litigation: Side Underride Guard Non-Use

The debate as to whether trucking companies should be required to use side underride guards has garnished significant attention in the news as of late. New proposals to reduce the commercial truck driving age could mean more inexperienced drivers on the road—and this could mean more accidents.  Side underride guards are not currently required by […]

Kuraray American, Inc., Faces Lawsuit Following Pasadena Plant Explosion

Pasadena Plant Explosion On Saturday morning, a chemical plant explosion in Pasadena, Texas, resulted 21 injured workers. Investigators with the Occupational Safety and Health Administration were at the plant after the explosion and the Pasadena Fire Department Marshal’s Office pinpointed the cause of the explosion to a pressure valve failure. The fire occurred at around […]

$117 Million Awarded Against Johnson & Johnson and Imerys in Talc Asbestos Trial

Earlier this week, a New Jersey state jury ordered Johnson & Johnson and Imerys to pay $80 million in punitive damages after finding that the pharmaceutical company and its talc supplier acted with reckless indifference in selling talcum powder contaminated with asbestos, contributing to a man’s development of mesothelioma. The jury awarded $55 million in […]

Congress Passes the Fight Online Sex Trafficking Act (FOSTA)

Fight Online Sex Trafficking Act Background On March 21, 2018, the United States Senate passed H.R. 1865 – Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). This bill is intended to amend section 230 of the Communications Act of 1934, also known as the Communications Decency Act of 1996,  which […]

What is a Friendly Lawsuit?

A friendly lawsuit is a lawsuit filed between two or more parties in order to ask the Court to appoint a guardian ad litem for purposes of approving a personal injury claim settlement for a minor. It involves a minor plaintiff and their next of friend, a defendant and a guardian ad litem. Legal Capacity […]

A Lesson in Connecting With the Jury

In 2010 I stood before a panel of prospective jurors. I had read the (then new) book on reptile tactics. I had been to the Jerry Spence weekend getaway seminar. I had read everything else I could find to tell me how to be a better trial lawyer. But none of these had taught me […]

Skype Hearings For Lawyers

As technology continues to evolve, so must the law. And as the law evolves so must the lawyer. Today, I conducted a minor settlement hearing without a minor…thanks to Skype. Background on Minor Settlements When a minor is injured due to the negligence of another, the legal process does not recognize a minor’s right to […]

What is a Hospital Lien?

A hospital lien is a special right granted to hospitals and emergency services providers by Statute enabling them to receive payment from the first monies recovered from a negligent third-party by the injured victim. The phrase: “hospital lien” is actually short for “hospital and emergency services lien.” It is a right that attaches automatically and is often […]