Are There Limits to Tort Reform?

Recently the Arkansas Supreme Court dealt a blow to tort reform. In 2003, the state legislature in that state passed the Civil Justice Reform Act which limited the punitive damages a plaintiff may receive to three times the amount of compensatory damages with a maximum amount of $1 million. Punitive damages are those damages which are designed to punish a corporation for its conduct that caused an injury to others. The state Supreme Court held that the legislature did not have authority under the state Constitution to place limits on punitive damages.

Are There Limits to Tort Reform?2011-12-19T05:04:25+00:00

5 Important Things To Do After A Car Accident

Five Things To Remember If You Are In A Car Accident
A car accident can be a very traumatic experience. Victims are often shaken and not thinking clearly. If you ever are hurt in a car accident, here are several things to remember:
1. Seek Immediate Medical Treatment
It is important to get to a physician as […]

5 Important Things To Do After A Car Accident2011-12-16T20:57:45+00:00

Settlement Reached In Lawsuit For Death Caused By Misdiagnosis of Embolism

Our clients’ daughter returned on a number of occasions to Alta Med with trouble breathing and her asthma medication was not working. Yet, the physician never ordered any tests or referred her to any specialists. We believe the evidence that we uncovered proved that the physician at Alta Med committed medical malpractice. We retained a highly qualified pulmonary specialist and an emergency medicine expert who explained what should have been done to care for the young girl and that those efforts would have cured her. The challenge we faced in this action was that our clients had a single wrongful death case and that case was governed by the Medical Injury Compensation Reform Act (MICRA). Under MICRA, the recovery was capped at $250,000 for our clients’ loss of their daughter and sister. However, we were able to reach a settlement well in excess of the MICRA cap. Our clients suffered from emotional distress by witnessing the complete absence of care provided by the physician.

Settlement Reached In Lawsuit For Death Caused By Misdiagnosis of Embolism2011-12-11T06:47:04+00:00

Does FINRA Wield Unchecked Power?

A lawsuit filed by broker-dealer Standard Investment Chartered has been appealed to the US Supreme Court. Standard alleges that FINRA (Financial Industry Regulatory Authority), which is a self-regulatory organization which performs regulatory duties of the Securities and Exchange Commission, lied to its members to get them to approve a merger with the New York Stock Exchange (NYSE). Standard and other groups that filed friend of the court briefs have asked the Supreme Court to review the matter, claiming that FINRA has been given unchecked power.

Does FINRA Wield Unchecked Power?2011-12-06T06:16:33+00:00
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