Local Law Blogs

House Bill 542: NC to be dumping ground for dangerous products

Posted on April 01, 2011
The North Carolina House introduced House Bill 542 on March 30. This bill grants immunity from suit to any product "regulated" by a State or Federal Agency. This Bill will make NC a dangerous dumping ground for poisonous and defective...

NC House Bill 542 may give immunity to not only Emergency Room doctors but also to doctors delivering babies

Posted on March 31, 2011
NC House Bill 542 the Omibus "Tort Reform" Bill, has a provision that on its face seems to give immunity to "Emergency Rooms" for negligence. But the Bill is very subtle in the way it defines "emergency." This information was brought to my attention by a lawyer who used to be a Hospital Administrator and know how EMTALA works...

Live Blogging Test Post

Posted on March 31, 2011
This is a test post. Today the NC house Select committee on Tort Reform meets at 11am to discuss, for only two hours, a massive overhaul of the right to a fair trial by jury. I will attempt to "live...

Rep. Jonathan Rhyne speaking

Posted on March 31, 2011
Next meeting will be 11 am next thursdday. Amendments must be submitted to clerk by Wednesday if next week. No comments from members.

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John Faulkner, MD whose wife was burned by medical negligence

Posted on March 31, 2011
dr faulkner is a primary care doctor. He's been sued, and a plaintiff. Wife Joan. 5 children. 10 Yeats ago burned. Shows photos of her severe burns to her face and photos of slow recovery. She does not want to...

Steve Wilson for NC Farm Bureau and trespass act

Posted on March 31, 2011
Says that the provision simply codifies the current state of the law. He misrepresents the law Nc did away with the three part duty set up many years ago. Overrides the common law. I've brought one premises case in 17...

Still talking about annuities

Posted on March 31, 2011
Still galling about the annuities. Least controversial part of this bill. Rest my fingers.

Tacket lecarpentier from lawyers insurance agency

Posted on March 31, 2011
Tackett is employee of Lawyers mutual. But not speaking for them. Says he is here as a neutral for colleagues in national structured settlement groups. Flaws in the periodic payments sections which could cause inintemder tax consequences. Offering to help...

Sammy Thompson for negligent doctors

Posted on March 31, 2011
Sammy Thompson has spent 40 years defending medical malpractice cases. Best and brightest doctors get sued and they get sued a lot. Makes te doctors risk adverse (Dont we want doctors to be risk adverse) Pushes doctors to order MRIs...

Lorrie Sanders. Patient advocate

Posted on March 31, 2011
Not a lobbyist. Citizen for good medical care. Telling the story of her son Ethan, who dies because the ER misdiagnosed him with croup to death in 4 days. Patients need to have safety on medical side. System is failing...

Defective product seller still speaking

Posted on March 31, 2011
He's misrepresenting the law. Says that products immunity still preserves good cases. The lie in that is that it only preservers cases where there has been misrepresentation by the manufacturer. Sorry for all the typos. Doing this in iPhone with...

Missed Janet ward Black

Posted on March 31, 2011
Had to hold the exhibits for Janet Ward Black speaking against immunity on products liability. It was awesome. Does NC want to be the only state in the nation where poisoned baby food is given amnesty? Cites Michigan losing out...

David hood for chamber of commerce

Posted on March 31, 2011
Atty fees provison. Let me tell you a story. Williams sues Mast. Gets verdict of 62 dollars after a 500 offer. This Atty fees statute allows for this. Mary sues Carpenter. Jury says $132.94 but you lose, but your lawyer...

North Carolina Legislature wants to give immunity from law suits to manufactures of deadly products that kill and maim people and destroy property

Posted on March 30, 2011
The North Carolina House is set to discuss a "tort reform" Bill that would grant immunity from suit to any defective product "regulated" by a State or Federal Agency. This proposed law will make North Carolina a dumping ground for dangerous and defective products and not add one single job...

How some lawyer lobbyists are posing as "the people" in order to take away the right to a trial by jury for those maimed or killed by a small group of bad doctors: The birth of "astro-turf" organization "North Carolinians for Affordable Health Care"

Posted on March 17, 2011
As you read this rather lengthy post, you'll get to see how a small group of politically connected lawyers created an "astro-turf" organization to persuade politicians and the public to take away the rights or regular people to bring a claim against an insurance company and hospital when that hospital makes a mistake that injures, maims, or kills someone they love.

Medical Malpractice "reform" proposed in NC: Do it yourself tort reform release

Posted on February 02, 2011
The new GOP majority Senate in the General Assembly of North Carolina has just introduced the "wish list" of Medical Malpractice Tort Reform bills today. Senate Sponsors: Tom Apodaca(R), Tom Brown(R) and Bob Rucho(R). This proposed Senate Bill S33 is...

The Customer Service Model of Emotion for better trial results

Posted on April 19, 2010
The video I watched this morning reminded me that being real is so important in what we do. How do you "stay real"? When do you let your guard down? As lawyers, we have so many roles to fulfill in trial that it is very easy to become mechanistic. What gets you out of that non-emotional role and shows the jury that this is not just another case for you, but a real person with real injuries?

When is a medical provider required to accept Medicaid in an injury case?

Posted on April 06, 2010
Increasingly, lawyers find that even when an injured client has some type of health care coverage, when the client has been injured by the negligence of a third party, it is often difficult to get the health insurer to pay...

Attorney fees and Medicaid lien cap in North Carolina personal injury cases

Posted on July 17, 2009
Just had a great straight forward question about the interaction of Medicaid Liens, Attorney Fees, and medical provider liens pursuant to NCGS 44-49-50. QUESTION: Is Medicaid's lien capped at one third of liability proceeds received or half of what is...

Obama on Medical Malpractice Reform and Health Care

Posted on June 16, 2009
So we all know that President Obama is talking about some type of Health Care reform in America. I can tell you from years of representing those injured in car accidents, here in Raleigh and across the state of North...

Terrible News for Wake County: Garner ConAngra Foods plant explosion

Posted on June 10, 2009
CNN and WRAL are reporting that two people were found dead and a third person is still believed missing in a Garner food plant heavily damaged in a morning explosion. Four people were in critical condition after the explosion at...

Prejudgment Interest in Arbitration Awards: Updated decisions

Posted on May 12, 2009
One issue that is constantly debated on arbitration panels is the issue of "Prejugment" Interest on the Arbitration Award. A new case from the North Carolina Court of Appeals clarifies this often hotly debated subject.

PA Federal Western District tosses out Medicaid Lien...sorta

Posted on April 22, 2009
Congratulations to attorney Patrick J. Loughren of Pennsylvania for his victory in Tristani v. Richman, a medicaid subrogation case. I don't have a lot of time today to dig through this case, which is 50 pages long and denser than...

NC Supreme Court Rejects Ahlborn (mostly)

Posted on April 15, 2009
So what should a (or this Raleigh) personal injury lawyer do with similar Medicaid issues right now? Well, I'd be in no rush to get them resolved in state court. I think our Superior Court Judges are stuck with Andrews right now. One might also consider going the Federal route...

Can the tides of Change push back bad ERISA decisions? Let us Hope.

Posted on November 14, 2008
Congress passed Erisa in 1974 to protect the pensions and employer-provided health plans which millions of Americans rely upon. Yet the supreme court has twisted this law into something quite different. As noted by Senate judiciary chairman, Patrick Leahy, the court's perversion of Erisa is a prime example of decisions that have turned laws "on their heads, making them protections for big business rather than ordinary citizens...

Results of 2008 NC judicial elections and downticket endorsements

Posted on November 13, 2008
Here are the folks I endorsed that were elected: NC SUPREME COURT Sam J. Ervin, IV ? Court of Appeals (Tyson seat) www.ervinforcourtofappeals.com North Carolina Court of Appeals Jim Wynn ? Court of Appeals www.judgewynn.com Cheri Beasley ? Court of...

Judicial Endorsements and Down Ticket Races in North Carolina

Posted on October 14, 2008
Well, we are at less than 30 days to election time and it is time for my annual Judicial Endorsements post. NC elects all of our Judges, we do not have an appointment system or retention elections. This is a...

Q & A for Lawyer's Clients about Structured Settlements and the AIG Problem

Posted on September 18, 2008
Alleviating Structured Settlement Fears- Q & A My client is considering a structured settlement but the situation with AIG has them (and me) worried about the safety of an annuity investment. Here are some of the questions I anticipate:

Lawyers and structured settlements: what should a lawyer do for clients in the AIG crisis?

Posted on September 16, 2008
I'm starting this blog entry to serve as a clearing house for information for personal injury lawyers seeking information to inform their clients about any risks now associated with using a structure.

McCain v. Obama on Tort Reform

Posted on August 30, 2008
That said, where do Obama and McCain stand on Tort Reform? I've tried to present the information below from the most unbiased sources I can find.

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