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Philadelphia, PA 19103
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Archive for the ‘Personal Injury’ Category

No Expectation of Privacy on Facebook for Personal Injury Litigants

May 9th, 2012

On the topic of social media, this blog has already covered the judicial precedents being set in the state of Pennsylvania with regard to insurance companies probing plaintiffs’ Facebook profiles. As judges become more familiar with the sensitive nature of an individual’s social media profile page, some courts have ruled in favor of protecting the

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How Failure to Prescribe Folic Acid Can Lead to Spina Bifida and Other Neural Tube Disorders

March 7th, 2012

Spina bifida is a very serious developmental disorder in which a child’s neural tube (the spinal cord and its surrounding tissue) does not close completely. For this reason, it is often known as an NTD, or neural tube disorder. Other disorders that fall under this classification are anencephaly and encephaloceles. The neural tube is the structure

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Personal Injury Attorney Royce Smith Speaks About the Movie Hot Coffee on 105.3WDAS-FM

February 29th, 2012

As a follow up to our original blog series focused on the movie Hot Coffee, Feldman Shepherd personal injury attorney Royce W. Smith shared his insights about the movie and its larger message with WDAS-FM radio show host Patty Jackson. During the interview, Smith echoed the sentiments of Feldman Shepherd’s Personal Injury – The Myth

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Fraud in Hospital Adds to Increased Cost in Healthcare Affecting Medical Malpractice Issues

February 21st, 2012

As we have written about before on this blog, rising medical costs are often attributed to increases in doctors’ malpractice insurance premiums due to so-called “frivolous” litigation. This is certainly what many in the media and in politics will have you believe because it squarely places the blame on one group of people (trial lawyers) and

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Facebook and Discovery in Personal Injury Cases

February 1st, 2012

As Facebook encroaches more and more into our daily lives, it was only a matter of time before judges would begin taking it into account when making legal decisions. As reported recently by The Legal Intelligencer, a local judge has just weighed-in with his opinion on the issue of whether or not to allow defendants

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Unjust Lawsuits Claiming Legal Reform Thwart Rights of Americans in Personal Injury Cases

January 4th, 2012

The American Association for Justice (AAJ) recently published a short pamphlet catchily titled Do As I Say, Not As I Sue, an attack on the hypocrisy of the United States Chamber of Commerce, that shadowy pro-corporate lobbying group mentioned a few posts ago in reference to the documentary Hot Coffee. Despite its official-sounding name, the Chamber has nothing to do with the United States government. Having said that, the Chamber still exerts serious influence on campaigns and legislation through its lobbying.

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Underfunding of Judicial System Threatens Basic Nature of American Government

December 15th, 2011

The international weekly newspaper “The Economist” published an article in its September 29, 2011 issue about the judicial branch of the government, calling it “the feeblest branch,” due to the lack of funding and public and media attention it receives relative to legislators and executives. This is a serious threat to the average person’s ability

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Texas Tort Reform: Loser Pays Legislation Adds Insult to Injury

December 7th, 2011

As an addition to the tort reform legislation passed in Texas in 2003, the state’s government is now in the process of implementing a “loser pays” law, which is one of the most contentious recent developments to fall under the umbrella of tort reform. At first glance, a “loser pays” system may appear reasonable, but upon closer inspection it is anything but.

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Personal Injury – The Myth of the Frivolous Lawsuit – Hot Coffee Part III

November 30th, 2011

There are many excellent resources available online that discuss the Hot Coffee case and how it relates to Tort Reform in personal injury cases. Here are just a few that we recommend:

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Personal Injury – The Myth of the Frivolous Lawsuit – Hot Coffee Part II

November 23rd, 2011

As I mentioned in Personal Injury – The Myth of the Frivolous Lawsuit – Hot Coffee Part I, after premiering at the 2011 Sundance Film Festival, the documentary Hot Coffee made its television debut on HBO. The movie addresses mandatory arbitration, corporate financing of judicial campaigns, caps on damages in civil / personal injury law suits (Tort Reform), and (in her words) “the myth of the frivolous lawsuit.” This blog addresses the latter two topics.

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