A Texas personal injury firm last week failed in its bid to derail a putative class action brought by salaried paralegals who claimed they were entitled to overtime under the Fair Labor Standards Act. Batting aside The Mostyn Law Firm's contention that its paralegals' job duties were too varied to permit class treatment, a federal judge on Thursday granted conditional certification in an FLSA lawsuit brought by Sherri L. Davis and Carlos Alvarado.
Malingering is defined as "the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives," by the American Psychiatric Association. Treatment providers sometimes have been very reluctant to acknowledge the possibility of faking or exaggeration, even with those patients involved in litigation. This article will review issues pertaining to malingering psychiatric and cognitive impairment in a personal injury context. As such, it will discuss the techniques available and examine syndromes where defense counsel frequently may face psychiatric faking or exaggeration. Malingering and exaggeration are common among people who litigate for injuries involving mild head injury, chronic pain, and posttraumatic stress disorder. There ...
Doctors, lawyers and insurance executives accused one another of fleecing New Jersey drivers at a hearing Thursday in Trenton, and debated a controversial proposal the Christie administration says would control the rising cost of accident-related medical treatment. The state's banking and insurance commissioner, Thomas Considine, will have the final say over how the rules governing the personal injury portion of every auto insurance policy should change.
When Minneapolis, Minn., personal injury attorney Peter Riley heard that a severely intoxicated driver who rear-ended another vehicle had prevailed at trial, all Riley could do was let out a long whistle. He hit a car," Riley asked, "and won?
What a Kansas City law firm is calling the largest single personal-injury verdict involving a single claim in Kansas' history was upheld on appeal last month. The 10th U.S. Circuit Court of Appeals in Denver affirmed an award to a Kansas City couple who filed suit after the collision of two tractor-trailers left one driver dead and a plaintiff, the co- driver, significantly injured.
When Texas Gov. Rick Perry declared his presidential candidacy, some personal injury lawyers reacted with fear and loathing - loathing of Mr. Perry's pro-lawsuit reform stance and fear that those reforms could gain traction nationally. While their response is no surprise, it should concern anyone who understands the havoc that frivolous lawsuits and outrageous damage awards can wreak. As some of the nation's most powerful personal injury lawyers gear up to tear down Texas, civil justice reform supporters are prepared for the challenge, especially those of us who have been on the front line of this fight for decades.
Another important and growing area of tort law is strict liability. Strict liability holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish negligence of the manufacturer. You need to show that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended. Strict liability standards also apply in other areas of personal injury, such as workplace accidents. Every tort claim has two basic issues, liability and damages. Was the wrongdoer liable for the damages that you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss. Of cour...
Parker discusses the refusal of the Tennessee Supreme Court to adopt a cause of action for loss of parental consortium in personal injury cases. In Taylor v. Beard, the court held that such a cause of action should be left to the legislature.
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