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Personal Injury and Workers’ Compensation Round Up

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Rand Paul: “Sometimes Accidents Happen (And the Lesson for Jury Selection) – New York Personal Injury Law Blog Heart Disease Associated With Overtime Work – Workers’ Compensation Law Blog Gulf Oil Spill: The Impact of Damage Caps […]

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Illinois court holds store not liable for slip and fall caused by floor mat

The United States District Court for the Central District of Illinois addressed the issue of a store owner’s liability for a shopper’s slip and fall allegedly caused by a loose floor mat in Gentry v. Shop’n Save Warehouse Foods, Inc., — F.Supp.2d —-, 2010 WL 1433410 (April 7, 2010). In Gentry, the injured plaintiff was […]

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Wrongful Death Claim Filed As a Result of Massey Mine Blast

Last month a tragic explosion in a Massey coal mine in West Virginia resulted in the deaths of 29 coal miners. In mid-April, as reported in this New York Times article, the first wrongful death lawsuit was filed on behalf of a widow of one of the miners. Marlene Griffith alleged in the lawsuit that […]

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Family of Worker Killed on the Job can Sue Third Party -Logo Liability Imposed on Owner of Truck

By Howard Ankin Illinois attorneys might be surprised by the recent holding of the state Appellate Court that allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ […]

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Damages for Loss of Consortium Claim Held Not Excessive

Earlier this month, in Fox v. Hayes, No. 08-3736, the United States Court of Appeals for the Seventh Circuit issued a decision of interest to Illinois personal injury attorneys. Although the complaint focused on claims of false arrest arising from the arrest of a father in relation to his 3 year old child’s death, the […]

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Personal Injury and Workers’ Compensation Round Up

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Court Finds Mild TBI Meets Tort-Claims Verbal Threshold – Traumatic Brain Injury Law Blog City of New York Wins Appellate Court Dismissal of $1,000,000 Knee Injury Verdict – Plaintiff’s Testimony was False and Jury was Irrational – […]

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Personal Injury Damage Caps: Maryland Considers Constutionality

Damage caps for personal injury lawsuits have been in the news a lot lately. For example, just a few weeks ago we posted about the recent Illinois Supreme Court decision, which held that the law capping recoveries in medical malpractice lawsuits was unconstitutional. A similar law was at issue earlier this month in Maryland. On […]

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Personal Injury and Workers’ Compensation Round Up

Here’s what other personal injury and worker’s compensation bloggers have been talking about over the past few weeks: Federal Judge Tosses $100 Million Punitive Damages Award Against BP–California Punitive Damages Blog Plaintiff is entitled to summary judgment on the issue of liability despite the fact that his own negligence might remain an open question–New York […]

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Personal Injury and Worker’s Comp Round Up

Here’s what other personal injury and worker’s compensation bloggers have been talking about over the past few weeks: 9/11 Lawsuits May Shine A Light on What Really Happened That Day (via The Pop Tort) Lead Paint and Constructive Notice to Landlords (via New York Personal Injury Law Blog) Doctors and Hospitals Seek Special Treatment for […]

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Court Filings and Privacy-A Double Edged Sword

Eric Turkewitz at the New York Personal Injury Law Blog recently noted that a New York court wisely banned the use of social security numbers in subpoenas: (Y)esterday, in the New York Law Journal, (no link) comes the story of Supreme Court Justice F. Dana Winslow of Nassau County refusing to sign subpoenas in a […]