If you have occasion to speak with a lawyer, you may find yourself on the unfortunate receiving end of an overly-long sentence that is filled with incomprehensible legal terms or phrases, jargon, terms of art, or Latin curse words. As a lawyer myself, I can attest to the fact that I don’t intend to confuse a [...]
Although there was very little notice by the press or voters, trade secrets lawyers saw a significant development in the law recently. Last month, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides a federal counterpart to the various state laws that already govern trade secret litigation. Currently [...]
The Fair Labor Standards Act (FLSA) requires that employers pay employees a minimum wage and an overtime premium of 1.5 times the regular hourly rate for all hours worked in excess of 40 hours. But how do you know if the FLSA's protections apply to you, the employee? Here are the five initial questions to [...]
I will soon be filing an action for a client who had both hips replaced with metal-on-metal hips manufactured by Zimmer. Since the replacements, the pain has been debilitating.
UPDATE 3/24/11–Well, less than a week out and the first lawsuit has been filed. And it appears to be on behalf of someone who was clearly injured, but lucky compared to many of the injured. But, it is their right to seek a prompt remedy for their injuries–including medical bills. And it may not be so prompt in the end. “Justice delayed” is certainly one flaw of our civil and criminal justice systems. I have also done some additional legal research on the caps issue (see below). And there is a pretty good argument for circumventing the $600,000 aggregate cap by alleging multiple acts of negligence. The $600,000 cap applies to any single occurrence, no matter how many are injured; however, single “occurrence” which is defined as ““an unfolding sequence of events which proximately flow from a single act of negligence.” See S.C. Code § 15-78-30(g); see also Chastain v. AnMed Health Found., 388 S.C. 170, 173, 694 S.E.2d 541, 543 (2010). It seems that the failure of LLR to inspect and the admission of the conductor that he was going too fast are two separate and distinct acts of negligence. The counter argument: “Well yes, but the events unfold into a single (and indivisible) harm.” A court will decide. This issue will be at the front and center of this case. But, with the possibility of a multiplier for the $600,000 gives hope that those who suffered harm will receive full and complete relief. Personal responsibility should not be capped and neither should government’s responsibility. […]
In an eight-page opinion by Justice Scalia, the Supreme Court unanimously held that (1) North American Stainless violated Title VII if it fired Thompson in retaliation for Regalado’s complaint; and (2) Title VII provides Thompson with a cause of action against his former employer.
Although a nursing home neglect case is a negligence action, it requires an expert to testify that the nursing home breached a standard of care.
There were lots of facts that led to the favorable result in my first nursing home neglect lawsuit, which I tried in Union, South Carolina.