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Car-Insurance Reform Bill Steers Claims Out of Court
A campaign to revise Connecticut's auto-insurance system is provoking debate across the state, especially in this city where insurance is king and its palaces line the roads to the statehouse. Automobile-insurance reform is difficult at best, as other states have found. In New Jersey, sweeping changes enacted in 1990 by Gov. Jim Florio have had mixed results. The Governor says he has cut rates for good drivers, but insurers complain that the state has imposed unreasonable restrictions that make it hardly worthwhile to do business. In Connecticut, changes intended to rein in rising premiums have pitted two influential groups against
At the Bar; When a lawyer asking clients to dial INJURY 1 takes on the one with INJURY 9, who is injured?
About eight years ago, Harris J. Sklar of Philadelphia spotted a fellow personal injury lawyer named Paul Perlstein approaching him at a wine and cheese party. "Well, here comes Mr. 'INJURY 1!' " Mr. Sklar said cheerily. Mr. Perlstein had mixed emotions about the greeting. On the one hand, it was yet another indication that his new phone number -- the one he was advertising in broadcasts, on benches and buses, at bus stops, on magnets and ball point pens and in newspapers -- was catching on. INJURY 1 might be clunkier to dial than "465-8791," but it was so
Court Upholds Vioxx Class Action
Merck & Co. faces higher stakes in a lawsuit brought by insurers and other parties that paid for Vioxx taken by millions of patients after a New Jersey appeals court on Friday upheld the suit's national class-action status. (See the full text of the court's ruling.) The case hasn't been scheduled for trial, and a Merck spokesman said the company will appeal the decision to the New Jersey State Supreme Court. The lawsuit, which seeks reimbursement for as much as $9.6 billion of Vioxx purchases, could significantly complicate Merck's defense efforts as it battles thousands of cases brought by individuals. ... Source :
Car Insurance Covers Shooting, Court Says
The New Jersey Supreme Court, in a 4 to 3 opinion, ruled today that a victim of a drive-by shooting was entitled to medical benefits under his father's automobile insurance policy. The case involves Kurt Lindstrom, who has been a quadriplegic since April 15, 1989. His spinal column was injured by a random shot fired from a passing car while at he was attending an outdoor party at the University of North Carolina-Wilmington, where he was a student. At issue was whether the shooting was an "accident" as defined by automobile insurance statutes in New Jersey. The young man's father,
New Jersey High Court to Hear Appeal of Vioxx Class Certification
The New Jersey State Supreme Court agreed to hear Merck & Co.'s appeal of the class certification of a high-stakes Vioxx lawsuit brought by a union and several other third-party payors, according to a Merck spokesman. The lawsuit seeks reimbursement for as much as $9.6 billion ... Source : online.wsj.com
Public help sought in reform of personal injury claims
The committee on court practice and procedure has called for suggestions from the public on how to reform the ways in which Irish courts deal with personal injury claims. The committee is already considering whether complainants in such cases should have to swear affidavits verifying the facts on which they base their claims. It is also looking at whether enough is being done to prevent personal injury cases from coming before the courts, either through mediation or out-of-court settlements. Source : breakingnews.iol.ie
China to revise law interpretation on differentiated personal injury compensation
China's Supreme People's Court (SPC) will revise relevant laws to reduce the existing disparity of personal injury compensation for urban and rural residents, the Beijing News reported on Tuesday. Ji Min, presiding judge of the SPC No.1 Civil Court, said the SPC has made investigations in the last two years and will revise the law interpretation soon. The lives of China's urban residents are worth much more than those of rural residents and urban residents can get more compensation for same personal injuries compared with their rural counterparts according to China's current laws, the paper said. In a traffic accident
Judges’ Panel, Seeing Court Crisis, Combines 26,000 Asbestos Cases
In an attempt to reduce the delays and exploding costs of asbestos litigation, a panel of Federal judges issued a ruling today that consolidates more than 26,000 cases and transfers them to a single court. The ruling, which shifts most Federal asbestos cases from around the nation to the Federal District Court in Philadelphia, reverses five previous rulings by the panel over 14 years. The immediate effect is to halt all asbestos personal-injury cases that have not yet reached trial in Federal courts. The victims, defendants and lawyers must now await a proposed solution from Federal District Judge Charles R.
Personal injury victims ’short-changed
A landmark court judgment has backed calls for higher levels of damages for accident victims. The increase was not large enough to placate the eight accident victims who brough the test case, arguing their compensation awards were too low. But insurers, who had warned premiums for commercial and motoring cover could rise by up to 30% if the appeal was successful, were relieved. Five Appeal Court judges ruled there should be a tapered increase in personal injury damages, up to a maximum rise of one-third for those at the highest level. But the judges, headed by Master of the Rolls
Supreme Court Expands Rights of Companions
The New Jersey Supreme Court has ruled that an unmarried woman who was living with a man and was engaged to marry him has the same legal rights to file an injury lawsuit as a wife, sibling or parent. While its impact is being debated, some lawyers say that the ruling could pave the way for other unmarried couples, including gay men and lesbians, to claim full litigation rights even if they have no marriage license. The immediate impact of the 5-1 ruling handed down on Thursday is that Eileen Dunphy of Roxbury will be able to ask a jury