January 14, 2006
Man sues for cyber razzing
It’s been awhile since I’ve posted an example of frivolous litigation. Here’s a good one.4.0 diamond
Posted by Paul at 8:32 AM | Comments (0) | TrackBack 4.0 diamond
June 22, 2005
How to blow $135 million
"... the most expensive case in the Justice Dept.'s history."4.0 diamond
(Thanks to Southern Appeal.)4.0 diamond
Posted by Paul at 11:00 AM 4.0 diamond
June 10, 2005
Nine out of 10 doctors practice defensive medicine
Newsmax.com:4.0 diamond
More than nine out of 10 doctors surveyed admit that they practice some form of "defensive medicine" -- ordering unnecessary tests or jettisoning potentially troublesome patients to head off malpractice lawsuits.
The survey of 824 Pennsylvania physicians in six high-risk specialty practices, published in the Journal of the American Medical Association (JAMA), found:
• Almost 60 percent said they often ordered more diagnostic tests than necessary.
• 52 percent referred patients to other specialists even when the referral was unnecessary.
• About 42 percent said concerns about malpractice lawsuits had forced them to restrict some practices -- eliminating procedures prone to complications, such as trauma surgery, or avoiding patients with complex medical problems or those who appeared litigious.
• When asked to cite their most recent defensive act, more than half of emergency physicians, orthopedic surgeons and neurosurgeons mentioned ordering an unnecessary imaging procedure -- a CT, MRI or x-ray they didn't believe was necessary.
• Women may suffer more than men from the effects of defensive medicine, because doctors specializing in obstetrics and gynecology said they sometimes limited obstetric care and some radiologists reported that they had stopped reading mammograms.
There's something wrong with a system that incentivizes doctors to make decisions based not on what's in the best interests of the patient, but on what makes for the best reading from the witness stand.4.0 diamond
(Thanks to Right-Wing News.)4.0 diamond
Posted by Paul at 3:59 PM 4.0 diamond
May 31, 2005
"Vexatious litigants"
KXTV News (Sacramento):4.0 diamond
The Americans with Disabilities Act has opened countless doors to those with disabilities. But the ADA has also opened doors to abuse.4.0 diamondRon Wilson and Byron Chapman ... claim to be disability rights activists. But critics say the pair seem more interested in helping themselves.4.0 diamond
Wilson and Chapman together have filed more than 100 ADA lawsuits in Sacramento federal court in just the past four years. In some cases, the lawsuits come without warning.4.0 diamond
"Matter of fact they never even talked to us prior to filing suit," says Bud Fanning, owner of Bud's Pub & Grill in downtown Dixon. Fanning was sued in federal court by Byron Chapman because the step from the sidewalk into the restaurant was two-and-a-half inches too high. "I paid $10,000 to settle plus I still owe $20,000 to my lawyer," Fanning told News10.
Reportedly, Mr. Wilson offers "consulting" ... at $75 an hour. "You pay him $75 an hour as a consultant and you won't necessarily face him in court," according to a local businessman.4.0 diamond
(Thanks to Overlawyered).4.0 diamond
Posted by Paul at 4:59 AM 4.0 diamond
February 10, 2005
Senate votes to curb lawsuit abuse
Reuters:4.0 diamond
The U.S. Senate approved a bill on Thursday that was sought by business to curb class action lawsuits and is part of President Bush's drive to overhaul the civil justice system.
The bill would shift most class action suits from state to federal courts, historically less friendly toward such cases. Advocates said the measure would reduce lawyers' forum-shopping for state courts with track records of big settlements.
[..]4.0 diamond
The House of Representatives is expected to pass the bill next week and send it to Bush for signing into law. Bush praised lawmakers for moving to rein in "junk lawsuits" he says are hurting business.
[...]4.0 diamond
The 72-26 vote marked a major victory for Republicans and business over trial lawyers and Democrats who for years barred similar proposals in the Senate.
You can see here how your senators voted.4.0 diamond
Posted by Paul at 6:46 PM 4.0 diamond
February 8, 2005
Lawyer says seal unconstitutional
This is the seal of the United States Court of Appeals for the Ninth Circuit:4.0 diamond
Look closely and you'll see a tablet, with indecipherable writing, to the left of the seated lady. 4.0 diamond
A lawyer in San Francisco -- where else? -- says that tablet is the Ten Commandments and he's suing to have it removed from the court's seal.4.0 diamond
No, I am not making this up.4.0 diamond
(Thanks to How Appealing.)4.0 diamond
Posted by Paul at 6:00 PM 4.0 diamond
January 5, 2005
President calls again for litigation reform
I might have gotten worked up over this knucklehead lawsuit until I read a quote from the complainant:4.0 diamond
I am not at liberty to discuss the complaint unless it is a paid-interview situation.
If you say that to Reuters -- and file your suit in longhand -- you're on a lark. Or at least I hope so.4.0 diamond
Meanwhile, the president today stepped-up his drive for litigation reform:4.0 diamond
President Bush pressured Congress Wednesday to pass legislation limiting jury awards for medical malpractice, saying the legal system favors attorneys who file baseless cases that drive up the cost of health care.
"What I'm here to do is say as clearly as I can - the United States Congress needs to pass real medical liability reform this year," Bush said, standing on stage in front of dozens of doctors in white lab coats.
Mr. Bush is seeking a $250,000 limit on non-economic damages.4.0 diamond
The Associated Press quotes Sen. Edward Kennedy, D-MA, as calling the president's plan "nothing but a shameful shield for drug companies and HMOs who hurt people through negligence." Fair enough. But nowhere does the AP mention that lawyers are the senator's largest contributors, having given him $748,426 since 1999.4.0 diamond
Posted by Paul at 3:57 PM 4.0 diamond
December 17, 2004
Man dies from using stolen drugs; estate sues pharmacy
Oh, for crying out loud!4.0 diamond
The estate of a Rosewood Heights man who died from overdosing on OxyContin stolen from a pharmacy is suing the pharmacy.
The estate of Justin Stalcup filed suit against pharmacist Michael J. Cleary and his pharmacy, The Medicine Shoppe in Wood River. The suit claims the pharmacist did not properly safeguard narcotic medicines.
Stalcup died in February after overdosing on OxyContin provided to him by his girlfriend, Jode L. Sandbach, 20, of Wood River.
Sandbach stole OxyContin and Xanax from the pharmacy Feb. 3. She gave the drugs to Stalcup, 21, who was found unresponsive at his residence in Rosewood Heights by his parents Feb. 4.
Only yesterday, the American Tort Reform Association named Madison County, Illinois, where the suit was filed, the top judicial hellhole in the Nation. 4.0 diamond
(Thanks to Overlawyered.)4.0 diamond
Posted by Paul at 12:41 PM 4.0 diamond
November 26, 2004
Florida passes three strikes law ... for physicians
By providing an incentive to settle even frivolous lawsuits, Florida may have found the best way yet of encouraging doctors to leave in large numbers.4.0 diamond
Posted by Paul at 7:21 PM 4.0 diamond
November 8, 2004
Coming soon to a courthouse near you: tort reform
Business Week:4.0 diamond
Business groups waging war against the powerful trial lawyers' lobby found little satisfaction during President Bush's first term. Distracted by the war on terror and Iraq, Bush put tort reform on the back burner. But with his Nov. 2 victory, Corporate America has reason to believe that Bush II will make the issue a priority. On the campaign trail, tort reform was a frequent -- and surefire -- crowd-pleaser; Bush routinely insisted that frivolous lawsuits were hiking the cost of health care and killing jobs.
Now Corporate America is gearing up to win three big prizes: caps on medical malpractice damages, which business believes will lower health-care costs; a move to make class actions less expensive to defend; and a business-funded global settlement to compensate workers and others harmed by asbestos.
For more on tort reform, click here.4.0 diamond
(Thanks to How Appealing.)4.0 diamond
Posted by Paul at 12:34 PM 4.0 diamond