Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced […]
The dogmas of the quiet past are inadequate to the stormy present … fellow citizens, we cannot escape history. Abraham Lincoln (1862), on the imperative of winning the Civil War
Knowledge is in every Country the surest basis of public happiness. George Washington (1790), urging the pursuit of science in his first address on the State of the Union.
In the United States, agencies (state, federal, local, municipal). reserve immunity for themselves but consent to being held accountable by way of statute. Tackling any government’s agency right to sovereign immunity is, like any effort to enforce accountability, a righteous cause. Always. The Georgia Department of Transportation cannot fully escape a lawsuit alleging that it […]
The 11th Circuit (Atlanta) just created conflict with other jurisdictions in ruling that federal law “preempts” or blows up negligence claims against brokers. Preemption is the legal rationale that courts use to block victims of torts from suing rental car companies and other large corporate interests that successfully lobby Congress for special protection. In Aspen Amer., […]
After lobbying legislatures for “tort reform” for decades, the number of medical malpractice claims – especially what they used to call “frivolous” claims – has gone down. Has that lowered rates for physicians? Of course not. But instead of accepting responsibility, the insurance industry now blames “nuclear claims” and other imaginary foes to explain their […]
Service is underappreciated and what is additionally infuriating is when the Armed Services pile insult upon injury. To a person, my Family treasures the time we spent in Fort Bragg. It forged friendships that last a lifetime and brought us Caroline. But like any large institution, the Army can be cruel. Its not a news […]
“He that would make his own liberty secure must guard even his enemy from oppression.” Thomas Paine was an England-born political philosopher and writer who supported revolutionary causes in America and Europe. Published in 1776 to international acclaim, “Common Sense” was the first pamphlet to advocate American independence.
The challenge of litigating your claim against a Federally managed clinic is real. Immunities can apply to doctors and other individual healthcare providers – or they may not. Investigating the differences could be ‘make or break’ for your case. Choose your lawyer carefully. Here’s the story from the Kaiser news outlet. When Malpractice Occurs at […]
It happens. I get it. But when the witness has taken “less than her normal dose of painkillers” to get through the deposition, there are ways around that problem other than asking a Federal judge to treat it as an emergency. I don’t know if it is rule number one, but it is certainly top […]
