Bryan Smith s Record: Backup: On His Firm s Website, Smith Is Listed As A Personal Injury Lawyer:

Size: px
Start display at page:

Download "Bryan Smith s Record: Backup: On His Firm s Website, Smith Is Listed As A Personal Injury Lawyer:"

Transcription

1 Bryan Smith s Record: Bryan Smith, a personal injury lawyer, tried to enrich himself by opposing efforts in the Idaho legislature to limit frivolous lawsuits and outrageous jury awards that cost Idaho businesses millions of dollars and drive up healthcare costs. Backup: On His Firm s Website, Smith Is Listed As A Personal Injury Lawyer: On His Law Firm s Website, Smith Is Listed As A Personal Injury Lawyer. (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 7/25/13) (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 7/25/13) 1

2 (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 9/16/13) Smith Is A Name Partner At The Firm Smith, Driscoll & Associates, Based In Idaho Falls. Among the practice areas listed on the Smith, Driscoll & Associates website are personal injury, products liability, and workers compensation. (Smith, Driscoll & Associates Website, Accessed 6/25/13. Website no longer active.) Idaho Statesman: "On Smith s business website he lists 'personal injury third on a list of five practice areas: "Litigation; Commercial Law; Personal Injury; Insurance; Construction Litigation."...Smith is the only one listed as practicing personal- injury law." (Idaho Statesman 9/10/2013) Smith s Martindale- Hubbell biography states he is a personal injury lawyer: Martindale- Hubbell law directories for list personal injury as one of Smith's five practice areas. Background Information On Smith s Firm, Smith, Driscoll & Associates, PLLC: Practice Areas Include: Banking Business Commercial Creditor Bankruptcy General Civil Practice Insurance Defense Municipal Law Personal Injury Products Liability Real Estate Trusts and Estates Wills and Probate Workers Compensation (Smith, Driscoll & Associates, PLLC Website, areas.html, Accessed 7/14/13) Opposed State- Level Tort Reform Legislation: In 2003, The Idaho Legislature Heard Testimony On A Proposal To Limit Certain Damages Awarded In Civil Lawsuits. After a parade of testimony from 2

3 nearly every major lobbyist in the state, the House Judiciary and Rules Committee on Thursday approved a bill that would limit certain damages awarded in civil lawsuits. The bill passed 10-6 after the committee rejected an attempt to more narrowly focus the bill to target doctors and hospitals. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) The Measure Capped Punitive Damages And Lowered The Ceiling For Non- Economic Damages. The legislation calls for a cap on punitive damages of $250,000, or three times compensatory damages, whichever is greater. It would also lower the limit of non- economic damages from the current maximum of $682,000 to $250,000. Actual damages remain unlimited. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) The Legislation Enjoyed Broad And Deep Support. The legislation is championed by such political powerhouses as the Idaho Medical Association, the Idaho Association of Commerce and Industry, the Farm Bureau, state associations of cities and counties, and numerous special interest business groups. Proponents said the bill was aimed at reducing insurance rates, especially skyrocketing malpractice premiums paid by doctors and hospitals. Business groups support the bill mainly because it lowers their risk exposure and potentially their liability insurance, and because it may have the effect of reducing insurance costs for employee health plans. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) Amid Widespread Support, Smith Was Among The Dozens Of Lawyers Who Turned Out To Oppose The Measure. Organized opposition at the hearing included the Idaho Trial Lawyers Association, the anti- abortion group Idaho Chooses Life and a handful of individuals who had an interest in previous or pending personal injury claims. Dozens of lawyers turned out against the bill, many arguing that it may actually increase litigation because it cuts too deeply into victims' negotiating position. Why should (a defendant in a civil lawsuit) offer $250,000 if that's all the maximum risk there is, Attorney Bryan Smith of Idaho Falls said. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) Gov. Dirk Kempthorne Signed The Bill Into Law After It Passed The Legislature By An Overwhelming Margin. A bill signed into law March 26 by Idaho Gov. Dirk Kempthorne (R) sets the standard for tort reform in the states, according to the Alliance of American Insurers. HB 92, which passed the Senate 27-8 and the House earlier this month, limits punitive damage awards and reduces the existing cap on non- economic damages. ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) The Bill Lowers The Limits On Non- Economic Damages To $250,000 From The Current $400,000. ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) 3

4 The Bill Also Caps Punitive Damages At The Greater Of $250,000 Or Three Times Compensatory Damages ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) The Associated Press State & Local Wire February 14, 2003, Friday, BC cycle Panel sends lawsuit limits to House floor BYLINE: By CHUCK OXLEY, Associated Press Writer SECTION: State and Regional LENGTH: 604 words DATELINE: BOISE, Idaho After a parade of testimony from nearly every major lobbyist in the state, the House Judiciary and Rules Committee on Thursday approved a bill that would limit certain damages awarded in civil lawsuits. The bill passed 10-6 after the committee rejected an attempt to more narrowly focus the bill to target doctors and hospitals. The legislation, which heads to the House floor, is championed by such political powerhouses as the Idaho Medical Association, the Idaho Association of Commerce and Industry, the Farm Bureau, state associations of cities and counties, and numerous special interest business groups. Organized opposition at the hearing included the Idaho Trial Lawyers Association, the anti- abortion group Idaho Chooses Life and a handful of individuals who had an interest in previous or pending personal injury claims. The legislation calls for a cap on punitive damages of $250,000, or three times compensatory damages, whichever is greater. It would also lower the limit of non- economic damages from the current maximum of $682,000 to $250,000. Actual damages remain unlimited. Additionally, the bill would increase the standard of proof required before a jury or judge could award punitive damages from a "preponderance of the evidence" to "clear and convincing evidence." 4

5 Proponents said the bill was aimed at reducing insurance rates, especially skyrocketing malpractice premiums paid by doctors and hospitals. "Bad things happen to good people. The question is, what do we do with those people," said attorney Ken McClure, who represented the coalition of supporters. Business groups support the bill mainly because it lowers their risk exposure and potentially their liability insurance, and because it may have the effect of reducing insurance costs for employee health plans. Dozens of lawyers turned out against the bill, many arguing that it may actually increase litigation because it cuts too deeply into victims' negotiating position. "Why should (a defendant in a civil lawsuit) offer $250,000 if that's all the maximum risk there is," Attorney Bryan Smith of Idaho Falls said. Three of the committee members opposing the bill are lawyers. They argued fiercely to amend or kill the bill. Republican Rep. Bill Sali of Kuna grilled McClure about a hypothetical case in which a woman in a car accident became sterilized. "In your view, is the fact that she can't have any more children worth $250,000?" Sali personalized the issue, asking McClure whether he had any children of his own. McClure said he did. "Then if you lost all your children (in an accident), would they only be worth $250,000?" Sali said. "No amount of money can compensate," for that kind of loss, McClure responded. After five hours of testimony, Republican committee chairman Debbie Field of Boise gave personal accounts of problems related to a difficult pregnancy, which resulted in her child being born with cerebral palsy. "I'm just grateful I have a daughter," she said. "Enough is enough. We've got to quit being such a litigious society." Moments before the final vote, Republican Rep. Jim Clark of Hayden made a final plea: "If you vote for this, you're going to be capping a constitutional right," Clark said. "What if we did that with free speech? Or the Second Amendment?" 5

6 Four Republicans, Reps. Sali, Clark, Leon Smith of Twin Falls and Henry Kulczyk of Eagle, were joined by two Democrats, Reps. Dave Bieter of Boise and Allen Anderson of Pocatello, against the bill. Democrat Donna Boe of Pocatello voted with the Republican majority. 6

7

8

9

10

11

Should New Mexico increase the medical malpractice cap?

Should New Mexico increase the medical malpractice cap? Should New Mexico increase the medical malpractice cap? 1 A REVIEW OF RECENT LEGISLATION LIKELY EFFECTS OF A CAP INCREASE PRESENTATION TO THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE NOVEMBER 3,

More information

Update on SB3, The Georgia Tort Reform Law (Updated 3/22/2010)

Update on SB3, The Georgia Tort Reform Law (Updated 3/22/2010) Update on SB3, The Georgia Tort Reform Law (Updated 3/22/2010) Table of Contents: I. Damage Caps (O.C.G.A. 51-13-1) II. Joint and Several Liability (O.C.G.A. 51-12-31 and 51-12-33) III. Emergency Care

More information

Key Lawsuit Reforms & Their Impact

Key Lawsuit Reforms & Their Impact Key Lawsuit Reforms & Their Impact December, 2014 Mike Seney, S.V.P Policy Analysis & Strategic Planning (mseney@okstatechamber.com) Fast Facts Twenty-six major lawsuit reforms from 2009 2014: Most of

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

TEN SECRETS. The Insurance Adjuster Won t Share With You

TEN SECRETS. The Insurance Adjuster Won t Share With You TEN SECRETS The Insurance Adjuster Won t Share With You -1- How much is my case worth? I have suffered injuries requiring medical treatment from this accident. How much extra compensation can I expect

More information

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question)

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question) QUESTION NO. 3 Amendment to Titles 1 and 3 of the Nevada Revised Statutes CONDENSATION (ballot question) Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised

More information

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate.

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate. SRJ 35: Study of Health Care Medical Malpractice: Montana's Approach to Limiting Liability by Sue O'Connell, Research Analyst Prepared for the Children, Families, Health, and Human Services Interim Committee

More information

Proposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers

Proposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers Proposals to allow more wrongful death lawsuits would increase the legal liability of taxpayers by Brandon Houskeeper Policy Analyst February 2008 Introduction The doctrine of sovereign immunity, rooted

More information

JOLIET ATTORNEYS NAMED ILLINOIS SUPER LAWYERS. named Super Lawyers in the 2009 edition of Illinois Super Lawyers, published

JOLIET ATTORNEYS NAMED ILLINOIS SUPER LAWYERS. named Super Lawyers in the 2009 edition of Illinois Super Lawyers, published June 2, 2009 JOLIET ATTORNEYS NAMED ILLINOIS SUPER LAWYERS Three attorneys from the law firm of Spesia, Ayers & Ardaugh in Joliet have been named Super Lawyers in the 2009 edition of Illinois Super Lawyers,

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013

McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013 McLAUGHLIN & ASSOCIATES GEORGIA PHYSICIAN SURVEY DECEMBER 11, 2013 1. ARE YOU A CURRENT MEMBER OF THE MEDICAL ASSOCIATION OF GEORGIA, ALSO KNOWN AS MAG? YES 46.5 NO 48.4 DK/REFUSED 5.1 2. HAVE YOU EVER

More information

H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003

H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE March 10, 2003 H.R. 5 Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 As ordered reported by the House Committee on Energy and Commerce

More information

Public Policy Position

Public Policy Position ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system

More information

October 9, 2009. Honorable Orrin G. Hatch United States Senate Washington, DC 20510. Dear Senator:

October 9, 2009. Honorable Orrin G. Hatch United States Senate Washington, DC 20510. Dear Senator: CONGRESSIONAL BUDGET OFFICE U.S. Congress Washington, DC 20515 Douglas W. Elmendorf, Director October 9, 2009 Honorable Orrin G. Hatch United States Senate Washington, DC 20510 Dear Senator: This letter

More information

http://www.pbookshop.com

http://www.pbookshop.com Why a Personal Injury Practice Is Different I wrote in the first two editions of this book that starting a personal injury practice is not for the fainthearted. Sadly, that fact is even truer today than

More information

S. JEFFREY MINKER, P.C.

S. JEFFREY MINKER, P.C. S. JEFFREY MINKER, P.C. ATTORNEY/MEDIATOR/ARBITRATOR 860 West Ina Road Tucson, Arizona 85704-4405 (520) 797-7800 NAME: OFFICE ADDRESS: Jeffrey Minker Jeffrey Minker, LLC 860 West Ina Road Tucson, Arizona

More information

ASSOCIATES, LLP A T T O R N E Y S A T L A W

ASSOCIATES, LLP A T T O R N E Y S A T L A W Lynch Legal ASSOCIATES, LLP A T T O R N E Y S A T L A W www.lynchlegal.com Lynch Legal ASSOCIATES, LLP A T T O R N E Y S A T L A W www.lynchlegal.com Contents About the Firm 1 Practice Areas 2-5 Attorney

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

RESOLUTION 108-2011. Injured Patients and Families Compensation Fund. Health Insurance Coverage and Access

RESOLUTION 108-2011. Injured Patients and Families Compensation Fund. Health Insurance Coverage and Access RESOLUTION 108-2011 Albert L. Fisher, MD 1 2 3 4 5 6 7 Whereas, Wisconsin physicians have paid billions of dollars into the Injured Patients and Families Compensation Fund over the last 35 years, for which

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

HOWARD COUNTY CIRCUIT COURT LIBRARY WESTLAW CONTENT ALL CASES & STATUTES MARYLAND GOLD WITH REGULATIONS PLUS

HOWARD COUNTY CIRCUIT COURT LIBRARY WESTLAW CONTENT ALL CASES & STATUTES MARYLAND GOLD WITH REGULATIONS PLUS HOWARD COUNTY CIRCUIT COURT LIBRARY WESTLAW CONTENT ALL CASES & STATUTES MARYLAND GOLD WITH REGULATIONS PLUS All Cases and Statutes Gold Maryland content includes: 50-State Case law Coverage- All States

More information

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Testimony Before: Senate Codes, Health & Insurance Committees Tuesday, December 1, 2009 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Presented By: Dr. William Doscher, MD, FACS Legislative

More information

InDret ANÁLISIS DEL DERECHO

InDret ANÁLISIS DEL DERECHO InDret REVISTA PARA EL ANÁLISIS DEL DERECHO WWW. INDRET.COM Bush s Agenda on Tort Reform Sonia Ramos González Álvaro Luna Yerga Facultad de Derecho Universitat Pompeu Fabra 266 CORNELL LAW SCHOOL, ITHACA,

More information

Americans Speak on Lawsuit Abuse

Americans Speak on Lawsuit Abuse Americans Speak on Lawsuit Abuse Results of a National Survey Commissioned by the American Tort Reform Association and Sick of Lawsuits Conducted by Luce Research August 2012 Americans Speak on Lawsuit

More information

2007 Medical Malpractice Claims Report

2007 Medical Malpractice Claims Report 2007 Medical Malpractice Claims Report Department of Commerce & Insurance November 1, 2007 2007 Tennessee Medical Malpractice Report INTRODUCTION In 2004, the Tennessee General Assembly enacted 2004 Tenn.

More information

Daniel R. Lutz - Wayne County Prosecuting Attorney

Daniel R. Lutz - Wayne County Prosecuting Attorney Daniel R. Lutz - Wayne County Prosecuting Attorney After graduating with honors from The Ohio State University College of Law in 1987, Dan served four years on active duty in the Judge Advocate General

More information

About Our Firm. High Stakes Trials. High Impact Cases. High Quality Representation.

About Our Firm. High Stakes Trials. High Impact Cases. High Quality Representation. About Our Firm Conrad & Scherer began as a small local firm of trial attorneys. Conrad & Scherer stands as one of Florida s leading firms with an expanded global and national reach. And, while commercial

More information

KANSAS ASSOCIATION OF DEFENSE COUNSEL 825 S Kansas Avenue - Suite 500, Topeka, KS 66612 Telephone: 785.232.9091 Fax: 785.233.2206 www.kadc.

KANSAS ASSOCIATION OF DEFENSE COUNSEL 825 S Kansas Avenue - Suite 500, Topeka, KS 66612 Telephone: 785.232.9091 Fax: 785.233.2206 www.kadc. KANSAS ASSOCIATION OF DEFENSE COUNSEL 825 S Kansas Avenue - Suite 500, Topeka, KS 66612 Telephone: 785.232.9091 Fax: 785.233.2206 www.kadc.org TO: FROM: Senate Standing Committee on Judiciary Timothy Finnerty

More information

2015 Legislative Session Wrap-Up. April 15, 2015

2015 Legislative Session Wrap-Up. April 15, 2015 2015 Legislative Session Wrap-Up April 15, 2015 Arizona Self Insurers Association April Luncheon Jeff Gray, R&R Partners Government & Public Affairs April 15, 2015 1. Fraud 2. Medical Marijuana 3. IME

More information

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates STATEMENT OF CHERYL NIRO Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates On Behalf of the AMERICAN BAR ASSOCIATION Before the Committee on Health, Education,

More information

Publications Listing. (By Area of Law)

Publications Listing. (By Area of Law) Publications Listing (By Area of Law) Alternative Dispute Resolution 06-03 Preparing Your Client for a Successful ADR experience Appellate Practice 15-04 Idaho Appellate Handbook - 4th Edition (Non-Section

More information

PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014

PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014 PROPOSITION 46: MEDICAL MALPRACTICE LAWSUITS CAP AND DRUG TESTING OF DOCTORS INITIATIVE September 2014 SDCTA Position: OPPOSE Rationale for Position: Raising the medical malpractice lawsuits cap will drive

More information

A Look at the Inefficiencies of the U.S. Tort System and Reforms to Correct Them

A Look at the Inefficiencies of the U.S. Tort System and Reforms to Correct Them A Look at the Inefficiencies of the U.S. Tort System and Reforms to Correct Them Ryan Koopmans ABSTRACT. The two goals of tort law are to compensate victims and to deter unsafe behavior. This paper judges

More information

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 785 CS Asbestos-Related Claims SPONSOR(S): Gelber TIED BILLS: IDEN./SIM. BILLS: SB 2228 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Judiciary Committee

More information

Background Paper 79-5 PRODUCT LIABILITY

Background Paper 79-5 PRODUCT LIABILITY Background Paper 79-5 PRODUCT LIABILITY PRODUCT LIABILITY Product liability refers to the legal responsibility by the manufacturer or marketer of a product for any bodily injury or property damage caused

More information

Oklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional

Oklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional Oklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional On June 4, 2013, the Oklahoma Supreme Court issued two opinions invalidating as unconstitutional numerous Oklahoma

More information

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE Prepared by James A. Christopherson, Esq. Dingeman, Dancer & Christopherson, PLC 100 Park Street Traverse City, MI

More information

EXECUTIVE SUMMARY. Associated Industries Of Florida

EXECUTIVE SUMMARY. Associated Industries Of Florida EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation

More information

Enrolled Copy H.B. 287

Enrolled Copy H.B. 287 Enrolled Copy H.B. 287 1 ARBITRATION FOR DOG BITES AMENDMENTS 2 2014 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: LaVar Christensen 5 Senate Sponsor: John L. Valentine 6 7 LONG TITLE 8 General Description:

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

More information

2015 Legislative Session Wrap-Up Benjamin Feist, Legislative Director

2015 Legislative Session Wrap-Up Benjamin Feist, Legislative Director 2015 Legislative Session Wrap-Up Benjamin Feist, Legislative Director The 2015 session of the Minnesota Legislature was marked by the return of divided government and a focus on the State s biennial budget.

More information

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general

More information

LEGISLA Alaska State Legislature

LEGISLA Alaska State Legislature LEGISLA ATIVE RESEARCH SERVICES Alaska State Legislature Division of Legal and Research Services State Capitol, Juneau, AK 99801 (907) 465 3991 phone (907) 465 3908 fax research@legis.state.ak.us TO: FROM:

More information

CHAPTER 246 HOUSE BILL 2603 AN ACT

CHAPTER 246 HOUSE BILL 2603 AN ACT House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL 0 AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE

More information

Mark B. Smith Attorney at Law

Mark B. Smith Attorney at Law Mark B. Smith Attorney at Law Mark B. Smith Co., L.P.A. 400 Holland Pen Building 123 East Fourth Street Cincinnati, Ohio 45202 513-287-7447 (Office) 513-287-7446 (Fax) www.markbsmithlaw.com mark@markbsmithlaw.com

More information

PARRY G. CAMERON, Senior Attorney

PARRY G. CAMERON, Senior Attorney Phone: 310.557.2009 Fax: 310.551.0283 Email: pcameron@tocounsel.com Parry Cameron has over twenty-three years experience in commercial and business litigation at both the trial and appellate levels. He

More information

Department of Legislative Services Maryland General Assembly 2004 Session

Department of Legislative Services Maryland General Assembly 2004 Session Department of Legislative Services Maryland General Assembly 2004 Session HB 1237 FISCAL AND POLICY NOTE House Bill 1237 Judiciary (Delegate Vallario, et al.) Health Care Malpractice - Mandatory Mediation

More information

1O SECRETS OF GEORGIA CAR WRECK CLAIMS

1O SECRETS OF GEORGIA CAR WRECK CLAIMS 1O SECRETS OF GEORGIA CAR WRECK CLAIMS 1O SECRETS OF GEORGIA CAR WRECK CLAIMS L. TY WILSON, P.C. TyWilsonLaw.com 770 948 5454 W O R D A S S O C I A T I O N P U B L I S H E R S www.wordassociation.com

More information

HOUSE FINANCE COMMITTEE April 27, 2005 8:46 A.M. Co-Chair Meyer called the House Finance Committee meeting to order at 8:46:21 AM.

HOUSE FINANCE COMMITTEE April 27, 2005 8:46 A.M. Co-Chair Meyer called the House Finance Committee meeting to order at 8:46:21 AM. HOUSE FINANCE COMMITTEE April 27, 2005 8:46 A.M. CALL TO ORDER Co-Chair Meyer called the House Finance Committee meeting to order at 8:46:21 AM. MEMBERS PRESENT Representative Mike Chenault, Co-Chair Representative

More information

SPECIAL FULL BOARD OF DIRECTORS MEETING

SPECIAL FULL BOARD OF DIRECTORS MEETING BOARD OF DIRECTORS OFFICE 239-343-3300 FAX: 239-343-3194 P.O. BOX 2218 FORT MYERS, FLORIDA 33902 CAPE CORAL HOSPITAL AGENDA SPECIAL FULL BOARD OF DIRECTORS MEETING March 29, 2012-3:00 p.m. GULF COAST MEDICAL

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Rep. Josh Green, M.D., Chair Rep. John Mizuno, Vice Chair House Health Committee

Rep. Josh Green, M.D., Chair Rep. John Mizuno, Vice Chair House Health Committee 7856 OFFICERS Cynthia Jean Goto, MD President To: Rep. Josh Green, M.D., Chair House Health Committee From: Cynthia J. Goto, M.D., President Linda Rasmussen, MD., Legislative Co-Chair Philip Hellreich,

More information

American Tort Reform Association 1101 Connecticut Ave, NW Suite 400 Washington, DC 20036 (202) 682-1163 Fax: (202) 682-1022 www.atra.

American Tort Reform Association 1101 Connecticut Ave, NW Suite 400 Washington, DC 20036 (202) 682-1163 Fax: (202) 682-1022 www.atra. American Tort Reform Association 1101 Connecticut Ave, NW Suite 400 Washington, DC 20036 (202) 682-1163 Fax: (202) 682-1022 www.atra.org 2015 State Tort Reform Enactments Alabama Arizona Arkansas Indiana

More information

AGENDA 2005: A GUIDE TO THE ISSUES GEORGIA PUBLIC POLICY FOUNDATION. Legal Reform

AGENDA 2005: A GUIDE TO THE ISSUES GEORGIA PUBLIC POLICY FOUNDATION. Legal Reform Legal Reform Agenda Ensure that Georgia s tort and contract laws do not discourage the development of business in the state Ensure that Georgia s procedural laws are appropriate for the equitable distribution

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

CURRICULUM VITAE ROBERT J. NAPLETON

CURRICULUM VITAE ROBERT J. NAPLETON CURRICULUM VITAE ROBERT J. NAPLETON Firm: MOTHERWAY & NAPLETON, LLP 140 South Dearborn Street Suite 1500 60603 (312) 726-2699 Fax: (312) 726-6851 E-Mail: bnapleton@mnlawoffice.com Firm Website: www.mnlawoffice.com

More information

Rivers McNamara, PLLC 1209 West Fifth Street, Suite 200 Austin, Texas 78703 (512) 439-7000 rrivers@riversmcnamara.com

Rivers McNamara, PLLC 1209 West Fifth Street, Suite 200 Austin, Texas 78703 (512) 439-7000 rrivers@riversmcnamara.com RICHEL RIVERS Rivers McNamara, PLLC 1209 West Fifth Street, Suite 200 Austin, Texas 78703 (512) 439-7000 rrivers@riversmcnamara.com EDUCATION University of Texas School of Law (J.D. 1976) Trinity University

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

CURRICULUM VITAE. of Richard W. Laugesen. Juris Doctor University of Denver College of Law 1962

CURRICULUM VITAE. of Richard W. Laugesen. Juris Doctor University of Denver College of Law 1962 CURRICULUM VITAE of Richard W. Laugesen Undergraduate Study: B.A. Colorado State College Graduate Studies: Juris Doctor University of Denver College of Law 1962 Insurance Professional Pre-Licensure and

More information

Legislative - Federal

Legislative - Federal TORT REFORM Definition One: Improve the civil justice system [to] one that s fair, efficient and predictable. Sherman Joyce, President American Tort Reform Association Definition Two: Tort reforms are

More information

KNOW THE FACTS Medical Review Panels are Constitutional in Kentucky

KNOW THE FACTS Medical Review Panels are Constitutional in Kentucky KNOW THE FACTS Medical Review Panels are Constitutional in Kentucky SUMMARY Medical review panel legislation very similar to the process supported by the Care First Kentucky Coalition in Senate Bill 119

More information

Legislative Week in Review P.O. Box 13686 Tallahassee, FL 32317-3686 TEL: 850.386.6668 Fax: 850.386.7371

Legislative Week in Review P.O. Box 13686 Tallahassee, FL 32317-3686 TEL: 850.386.6668 Fax: 850.386.7371 Florida Insurance Council March 19, 2010 Legislative Week in Review P.O. Box 13686 Tallahassee, FL 32317-3686 TEL: 850.386.6668 Fax: 850.386.7371 Third Week to End with Unusual Saturday Session The 2010

More information

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study Prepared for the Revenue and Transportation Interim Committee by Megan Moore, Legislative Research Analyst Legislative

More information

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305. The Defensive Medicine Debate: Driven by Special Interests. Jill Fairchild * I.

ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305. The Defensive Medicine Debate: Driven by Special Interests. Jill Fairchild * I. ANNALS OF HEALTH LAW ADVANCE DIRECTIVE VOLUME 19 SPRING 2010 PAGES 297-305 The Defensive Medicine Debate: Driven by Special Interests Jill Fairchild * I. INTRODUCTION Tort reform is a contentious issue

More information

NAMWOLF Law Firm Membership Application

NAMWOLF Law Firm Membership Application NAMWOLF Law Firm Membership Application The National Association of Minority & Women Owned Law Firm s (NAMWOLF s) goal is to have a blend of minority and women owned law firms, dispersed across the United

More information

A Handbook on California s Medical Injury Compensation Reform Act

A Handbook on California s Medical Injury Compensation Reform Act A Handbook on California s Medical Injury Compensation Reform Act MICRA MEDICAL INJURY COMPENSATION REFORM ACT MICRA California s landmark Medical Injury Compensation Reform Act has successfully relieved

More information

Critique of HB 2122 Med Mal Tort Reform A comparison of HB2122 to the Governor s original proposal and other states actions

Critique of HB 2122 Med Mal Tort Reform A comparison of HB2122 to the Governor s original proposal and other states actions Critique of HB 2122 Med Mal Tort Reform A comparison of HB2122 to the Governor s original proposal and other states actions This summary highlights only some of the provisions. It does not cover the amendments

More information

Volume 3, Spring Issue, 1990 ENVIRONMENTAL ACCIDENTS: PERSONAL INJURY AND PUBLIC RESPONSIBILITY

Volume 3, Spring Issue, 1990 ENVIRONMENTAL ACCIDENTS: PERSONAL INJURY AND PUBLIC RESPONSIBILITY Volume 3, Spring Issue, 1990 ENVIRONMENTAL ACCIDENTS: PERSONAL INJURY AND PUBLIC RESPONSIBILITY By Richard Gaskins.l Philadelphia: Temple University Press. 1989. Pp. ix, 350. $34.95. As it stands now,

More information

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in

More information

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS GWid: EXAMINATION CIVIL PROCEDURE II -- LAW 6213 Section 13 -- Siegel Spring 2014 INSTRUCTIONS 1. This is an open book examination. You may use any written materials that you have brought with you (including

More information

Physicians on Medical Malpractice Reform Options

Physicians on Medical Malpractice Reform Options Physicians on Medical Malpractice Reform Options Survey Methodology This survey was conducted online from August 31 October 31, 2012. Invitations for the survey were emailed to physicians who have been

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

Abe DeAnda Jr., MD. Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center

Abe DeAnda Jr., MD. Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center Malpractice in Cardiac Surgery is the End Result of Bad Lawyers Abe DeAnda Jr., MD Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center Presenter Disclosure Information

More information

BAD FAITH LAW IN INDIANA

BAD FAITH LAW IN INDIANA BAD FAITH LAW IN INDIANA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 I. OVERVIEW OF INDIANA BAD FAITH LAW Indiana recognizes a common-law

More information

Law Offices P.A. Your Association Attorneys

Law Offices P.A. Your Association Attorneys Law Offices OVER & P.A. Your Association Attorneys Striving since 1987 to provide the most competent, responsive and cost-effective Condominium Association and HOA legal services in Sarasota and Manatee

More information

toll-free [877] 446-9001 www. hop-law. com

toll-free [877] 446-9001 www. hop-law. com Heygood, Orr & Pearson has a proven record of results hundreds of cases of all types and sizes successfully prosecuted or defended for our clients. This long list of results demonstrates our experience

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

MEDICAL MALPRACTICE & LIABILITY JUST THE FACTS

MEDICAL MALPRACTICE & LIABILITY JUST THE FACTS MEDICAL MALPRACTICE & LIABILITY JUST THE FACTS Proponents of so-called medical liability reform assert relentlessly that jury awards in malpractice cases are out of control and that capping damage awards

More information

Life Insurance Law Firm Los Angeles

Life Insurance Law Firm Los Angeles Life Insurance Law Firm Los Angeles James T. Hudson is a California civil trial lawyer, specializing in insurance disputes. Mr. Hudson handles virtually all types of insurance claims: for disability income

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM OPINION 2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM OPINION 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: Specialty Products Holdings Corp., et al. Bankruptcy No. 10-11780 Debtor(s) 1 Chapter 11 (Jointly Administered) Related to Doc.

More information

Exploring the Influence of the Trial Bar in New York State Politics

Exploring the Influence of the Trial Bar in New York State Politics Exploring the Influence of the Trial Bar in New York State Politics December 2012 1 Contents About the Lawsuit Reform Alliance of New York... 3 Executive Summary... 3 Notes on Political Influence in New

More information

FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES

FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES In the United States, we are governed by both national and state governments and our rights are protected by state and federal Constitutions. Basically,

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

CONSUMER AND PATIENT SAFETY GROUP OPPOSITION TO H.R. 5

CONSUMER AND PATIENT SAFETY GROUP OPPOSITION TO H.R. 5 February 1, 2011 The Honorable Lamar Smith, Chairman U.S. House Judiciary Committee U.S. House of Representatives Washington, DC 20515 Dear Chairman Smith: CONSUMER AND PATIENT SAFETY GROUP OPPOSITION

More information

STRUCTURED SETTLEMENTS

STRUCTURED SETTLEMENTS STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff

More information

Curriculum Vitae. Benjamin Ben Paul Mouton Attorney at Law DOB: 3/13/1965

Curriculum Vitae. Benjamin Ben Paul Mouton Attorney at Law DOB: 3/13/1965 Benjamin Ben Paul Mouton Attorney at Law DOB: 3/13/1965 Curriculum Vitae McGlynn & Glisson, APLC d/b/a McGlynn, Glisson & Mouton 340 Florida Street (70801) P.O. Box 1909 Baton Rouge, LA 70821-1909 225/344-3555

More information

Mandatory Arbitration

Mandatory Arbitration Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 info@injurytriallawyer.com Copyright 2007 by Christopher Michael

More information

$1.7M For Botched Laser-Eye Surgery Suggests New Mass Tort By Genevieve Haas

$1.7M For Botched Laser-Eye Surgery Suggests New Mass Tort By Genevieve Haas Page 1 of 5 USA Newspaper Subscribers Only REGISTER HERE (paper subscribers only) USA Archives (all years) Free Opinions Daily Alert Practice-Area Alert Specialty Pages (cases, articles & more) Bankruptcy

More information

Tennessee Workers' Compensation Legislative Changes: A Return to Sanity. Jennifer P. Keller, Esq. Steven H. Trent, Esq.

Tennessee Workers' Compensation Legislative Changes: A Return to Sanity. Jennifer P. Keller, Esq. Steven H. Trent, Esq. Tennessee Workers' Compensation Legislative Changes: A Return to Sanity Jennifer P. Keller, Esq. Steven H. Trent, Esq. 1 2011 Developments 2011 Legislative Changes Most Comprehensive Changes Since 2004

More information

Andrew M. Morse amm@scmlaw.com

Andrew M. Morse amm@scmlaw.com Andrew M. Morse amm@scmlaw.com direct: 801.322.9183 fax: 801.363.0400 Introduction Andrew Morse is the president of SCM, serves on the firm's Executive Committee, and its Snow Trial Services team. He also

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

National Public Radio

National Public Radio National Public Radio GREENBERG QUINLAN ROSNER RESEARCH INC Methodology The reported results on public attitudes come from a national survey conducted by Greenberg Quinlan Rosner Research (GQR) and Public

More information