Another Step

The gigantic March for our Lives event on March 24, 2018 was, perhaps, a watershed moment in American efforts to get some measure of control over gun violence and the all-too-frequent mass slaughter of civilians.  Those efforts have been mischaracterized as an effort to repeal the Second Amendment, but that is too simplistic a view.…

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Do You Want To Know Why Tort Law Is Important? I’ll Tell You

The Georgia Supreme court just upheld a $40 million dollar verdict against Chrysler in a case where a little boy burned to death in a Jeep Grand Cherokee. The problem was a plastic fuel tank, at the rear of the jeep, which ignited, so that the child died.  That, in and of itself, is tragic. …

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Something Wicked This Way Comes

The future is racing up on us with breathtaking speed. New products, new technologies are constantly being touted and developed, often before they are fully understood; often before safeguards are put in place.  Sometimes new technologies bring with them unintended harm.  And worse, sometimes that harm, even though it is unintended, is foreseeable.  Everyone who…

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Not All Is Lost – There Is Much To Be Gained

The Berkeley Law School at the University of California announced the creation of a major new consumer center, funded by a generous 3.5 million dollar grant from noted attorney Elizabeth Cabraser.  The Berkeley Center for Consumer Law and Economic Justice is intended to become a national leader in the study, research, and practice of consumer…

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How would you like to reduce gun violence in the USA?

Everyone knows that there has been terrible carnage in America, caused by heavily armed shooters massacring unarmed citizens, including, tragically, school children.  America leads the world in gun violence (among nations not engaged in civil war), and the number of deaths is terrifying, and terribly, heartbreakingly sad. We have the Second Amendment to the Constitution,…

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They’re Up to No Good

The White House Fiscal Year Budget for 2019 contains proposals that would gut the ability of injured patients to hold healthcare providers accountable for the consequences of medical errors.  It would also usurp state laws, and eliminate constitutional rights.  And cost taxpayers money, while resulting in more injuries and death. Fortunately, the Center for Justice…

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Banning Football to Tackle Children’s safety

It is well-established that football causes C.T.E. a devastating injury responsible for dementia, and even death.  See last week’s note, “Football Settlement Excludes Players”. The NFL has even created a billion-dollar fund to pay the claims of players who suffer from CTE as a result of playing football. And yet, the pipeline is full:  Hundreds…

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The Medical Device Nightmare

Medical devices – artificial hips, etc. – are poorly regulated, and patients who receive them can suffer devastating consequences. A recent New York Times article sheds some light on this shocking industry: Lenzer, J. “Can Your Hip Replacement Kill You?” New York Times, January 13, 2018. The article includes a horrifying anecdote about a physician…

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Football Settlement Excludes Players

Football causes C.T.E. C.T.E. is an abbreviation for chronic traumatic encephalopathy, a degenerative brain disease caused by repeated hits to the head. It is a brutal disease, leading to personality changes, mental slowing and confusion, and early death. The NFL has negotiated an approximately $1 billion dollar settlement with professional football players who have been…

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The Parade of Horribles

The American Association for Justice (AAJ) has just released its annual report: “Worst Corporate Conduct of 2017” – and it is appalling reading. Here is the link: https://www.justice.org/sites/default/files/_Justice/Communications/Corporate%20Misconduct%202017%20FINAL.pdf This is the sort of conduct that that keeps people awake at night. Callous, unfeeling, greedy, and hurtful. This is why the tort system – the only…

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