It was disgusting — frankly disgusting — to hear that on Black Friday a Wal-Mart employee in Long Island was trampled to death by stampeding customers who apparently forced their way into the store in the early morning hours.
It’s bad enough that the holidays have become so blatantly commercial; the death of a retail salesperson underneath the [...]
Archive for November, 2008
Trampled Wal-Mart Worker: A Legal Perspective
Posted in Miscellaneous, Tort, tagged Black Friday, New York Law, Wal-Mart, Workers Compensation, Wrongful Death on November 30, 2008 | 1 Comment »
More People are Representing Themselves in Court
Posted in Consumer, Courts, Politics, tagged Civil Gideon, Eviction, Landlord Tenant Law, Self-Representation on November 28, 2008 | Leave a Comment »
The Boston Globe published a short article today about how there is a growing trend of self-representation in the courts — no doubt brought about not only by high lawyers’ fees but also the faltering economy.
Notably, it’s happening in cases that have significant consequences such as divorces, child custody, evictions and bankruptcies.
This brings to mind the [...]
Lining up at the Trough
Posted in Politics, tagged AIG, Corporate Welfare, Life Insurance on November 27, 2008 | Leave a Comment »
AIG has extended its hands to the government, palms facing upward, and so have the banks in order to ask for billions of dollars in corporate welfare. Now lining up behind them are life insurance companies, according to The Boston Globe.
These insurers are trying to convince the government that they need a bailout in order [...]
Goings-On in the Legal Blogosphere
Posted in Miscellaneous, tagged Arthur Bryant, Frederic Block, Kia Franklin, Public Justice, Tort Deform on November 27, 2008 | Leave a Comment »
I was checking out the usual suspects of legal blogs that I visit and came across a few interesting posts that I thought I would share (hey, with the holiday approaching, let others do some of the heavy lifting, I say):
WSJ Law Blog reports on how in a civil suit Judge Frederic Block of the EDNY [...]
Redlining Lawsuits Barred by Eighth Circuit, Minority Homeowners Left out in the Cold
Posted in Civil Rights, Class Action, Insurance, tagged Class Action, Discrimination, Eighth Circuit, Fair Housing, McCarran-Ferguson Act on November 26, 2008 | Leave a Comment »
It hardly seems fair, but hey, I guess that’s federalism … at least in a class-action decided by the Eighth Circuit against insurance companies for allegedly charging higher homeowners insurance rates to residents of the “black community” in Kansas City, Missouri, when compared to the same coverage provided to residents of the city’s “white community.”
Judicial View reports how [...]
NYC Foodstamps Class Action Brings Thanksgiving Bounty for Needy
Posted in Class Action, Miscellaneous, tagged Class Action, Food Stamps, SSI, Thanksgiving, Urban Justice Center on November 26, 2008 | Leave a Comment »
Most of us, as Thanksgiving approaches, have images in our minds of glistening turkeys, heaping spoonfuls of potatoes and yams, and a glorious spread of pies and other desserts. But for the neediest among us who receive food stamps, these holiday victuals are a luxury they cannot afford.
But according to the NY Times, as a result of a class-action lawsuit [...]
Doctors Admitting Mistakes
Posted in Tort, tagged Medical Malpractice, New York Times, Physician on November 25, 2008 | Leave a Comment »
My first exposure to a NY Times video op-ed came today with one entitled, “Physician, Say You’re Sorry.” It is a well-produced piece consisting of interviews of doctors and patients about how physicians need to learn how to acknowledge error with patients and try to understand the impact it has on them.
Indeed, most of the [...]
The Predators Are Out There
Posted in Consumer, tagged Foreclosure on November 24, 2008 | Leave a Comment »
The NY Times today has an editorial about how predators are lurking out there to scam homeowners whose mortgages are in default and are desperate for a solution.
These predators are storefront operations, they are entities that target vulnerable people with mailers offering false hope and easy solutions, such as sharply reduced mortgage rates – and [...]
Ten Worst Toys List for 2008
Posted in Consumer, Products Liability, tagged Children, Consumers, Edward Swartz, Frivolous Lawsuits, James Swartz, Products Liability, Ten Worst Toys on November 24, 2008 | Leave a Comment »
Recently, Boston attorneys Edward and James Swartz released their annual “Ten Worst Toys List.” The Letterman-esque list, for those unfamiliar with it, cites the most dangerous toys that are on the market each holiday season.
The AAJ conducted an analysis finding that 57 percent of products recalled so far this year were produced in China. As has been reported in the news, [...]
AAJ Tracks Possible “Midnight” Anti-Consumer Regulations
Posted in Consumer, Politics, tagged AAJ, Preemption, Regulations, Safety Standards on November 24, 2008 | Leave a Comment »
The American Association for Justice (AAJ), the nationwide organization of plaintiff’s lawyers of which I am a proud member, is presently keeping an eye out for 21 possible anti-consumer regulations that the Bush administration may try to enact before leaving office. According to an AAJ press release:
The list includes regulations that have included “preemption” language [...]
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