All Articles tagged personal injury

• New York Appeals
  September 04, 2024 EDT
  TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW
  Richard J. MontesKathryn M. BeerAlexis Sarnicola

  This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).

• New York Appeals
  September 13, 2019 EDT
  WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER’S OUT-OF-STATE ACCIDENT POST-DAIMLER
  Michael J. HutterMark L. Powers

  This article examines the opportunities for asserting personal jurisdiction in a New York court over a foreign corporation for a tort claim arising from a New Yorker’s out-of-state accident post-Daimler.

• State Constitutional Commentary
  January 05, 2015 EDT
  AVOIDING THE APPEARANCE OF IMPROPRIETY: MISSOURI AND KANSAS SUPREME COURT DECISIONS ON THE CONSTITUTIONALITY OF CAPS ON NONECONOMIC DAMAGES DEMONSTRATE THE NEED FOR OBJECTIVE PROCEDURES IN THE SELECTION OF SPECIAL JUDGES
  Stephen R. Clark

  This article calls for the institution of objective procedures for temporary judicial appointments.

• General
  May 13, 2014 EDT
  DON‘T TEXT, TALK, AND WALK: THE EMERGING SMARTPHONE DEFENSE IN PERSONAL INJURY LITIGATION
  Robert D. Lang

  This essay posits that our use of smartphones will continue to increase and people will use them in circumstances where they should not.

• General
  March 03, 2010 EDT
  RAND INSTITUTE FOR CIVIL JUSTICE REPORT ON THE ABUSE OF MEDICAL DIAGNOSTIC PRACTICES IN MASS TORT LITIGATION: LESSONS LEARNED FROM THE “PHANTOM” SILICA EPIDEMIC THAT MAY DETER LITIGATION SCREENING ABUSE
  Mark A. BehrensCorey Schaecher

  This review describes a report that carefully examines certain MDL 1553 litigation to identify lessons about the civil justice system’s ability to address abusive medical diagnostic practices.