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 on a battlefield to sign Magna Carta – the ancient pact he made with English Barons, including a stipulation to man’s right to “the lawful judgment of his peers”. These are the events that first set rule of law above kings.

A kid gunned down a health insurance CEO as he walked a busy Manhattan sidewalk into a shareholder’s conference. In America, there’s a certain passion surrounding guns and the Second Amendment. The Surgeon General issued an advisory about an epidemic of gun violence and deaths resulting therefrom. U.S. Surgeon General Issues Advisory on the Public Health Crisis of Firearm Violence in the United States

Firearms are the leading cause of death for American children and adolescents. HHS Report on Firearm Violence in America

At the same time, Americans have lost respect for our justice system in record numbers according to Gallup. Trust in court system at record low: Gallup

There are many reasons for both of these trends. They aren’t all related. But here is what I propose. We need a movement similar to the #2A movement to promote jury trials, a right guaranteed by the Seventh Amendment to our Constitution. And we need to invest time and money into improving our court systems and their rules so they can demonstrate their importance to our system of governance.

Self-defense and a well-regulated militia should be a last resort. There wouldn’t be a need for violence if we took our jury trial rights as seriously as our gun rights. Project 7A is designed to start that process.

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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

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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.

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The Georgia Department of Transportation cannot fully escape a lawsuit alleging that it is responsible for a passenger killed at a highway’s intersection, a state appeals court has ruled, saying the government is not entitled to sovereign immunity on claims its road inspections were negligent.

A three-judge panel said Tuesday that the parents of Ashleigh Munro, who died in a November 2017 crash, can’t bring claims that the intersection that allegedly caused the incident was negligently designed. But the appeals court allowed them to pursue claims that the transportation department had a duty to maintain and inspect the intersection, saying the question is separate from that of engineering design.

“We agree with the Munros that this claim involves the inspection and maintenance of the subject intersection and not its engineering design,” the panel said. “So we also agree with the Munros that immunity is waived to the extent that the DOT’s role included inspection of the state roadway and intersection itself to detect hazards or to determine compliance with laws, regulations, codes, or ordinances.”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1693280?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-28&nlsidx=0&nlaidx=19?copied=1

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In Aspen Amer., Landstar, the broker, hired a carrier to haul a load for its shipper customer but was alleged to have dispatched the load to a fraudster who stole the goods. The shipper’s insurance carrier brought a negligence claim against Landstar in the U.S. District Court for the Middle District of Florida. The Court held that the claim was preempted by the FAAA, which the Eleventh Circuit affirmed.

Here’s a link to the story

11th Circuit Rules Negligence Claim Against Broker Preempted, Creating Circuit Split

The post Federal Preeemption: The Cost-Effective Way For Special Interests To Lock You Out of Court appeared first on The Thompson Law Firm.

Social inflation, nuclear verdicts (those which surpass $10 million or more), and other factors are driving up claims costs. Even if a judge or jury award doesn’t reach nuclear level, excess verdicts—those which are over a policy limit—can be a major burden for doctors and hospitals. Recent high claims costs have contributed to increases in liability insurance rates, and premiums are one of many factors making it unaffordable for doctors to operate solo practices.

Here’s the link

https://riskandinsurance.com/3-plaintiffs-attorney-tactics-driving-excess-medical-malpractice-verdicts-and-how-to-counter-them/

The post Quality Fraud: The Insurance Industry Gets It All Wrong appeared first on The Thompson Law Firm.

Here’s the link:

Military News: This Soldier Led the Charge for Troops to Be Able to File Malpractice Cases. The Army Just Denied His Claim

The post Stayskal Claims: Army Denies the Malpractice Claim Of The Soldier Who Fought for His Colleagues Right To Recover for the Army’s Malpractice appeared first on The Thompson Law Firm.

“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.

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Here’s the story from the Kaiser news outlet.

When Malpractice Occurs at Community Health Centers, Taxpayers Pay

“People should know if these doctors or centers are harming their patients,” said Deirdre Gilbert, national director of the nonprofit National Medical Malpractice Advocacy Association, a consumer advocacy group.

In addition, attorneys who have represented plaintiffs in lawsuits against health centers say federal rules handcuff patients with a short statute of limitations — two years — and do not allow punitive damages.

“The deck is stacked in the government’s favor,” said Regan Safier, a Philadelphia attorney who won a $41.6 million court judgment in 2018 in a case of a birth injury involving a community health center doctor.

The post When Public Clinics Make Medical Mistakes … appeared first on The Thompson Law Firm.

I don’t know if it is rule number one, but it is certainly top 5: Don’t piss off the Judge.

The link to the Bloomberg story is here

Judge to Trump Lawyer in Ex-Aide Deposition: ‘Stop Wasting Time’

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