A Canadian woman recently filed a lawsuit against Stride gum’s parent company Kraft Canada claiming the chewing gum caused her 10 minutes of depression, an article in the Toronto Sun explains. This senior claims that ”over a period of five minutes the gum falls apart into little pieces and sticks to the dentures”. She then had to remove [...]
A new coalition of New York employers, farmers and others has joined together to make a major push to reform New York’s century-old “Scaffold Law” to help promote economic growth and recovery throughout New York. Under New York’s Scaffold Law, contractors, employers and property owners are held absolutely liable for “elevation related injuries” even if [...]
A recent article in the New York Post highlights the latest target of frivolous lawsuits in New York – our restaurants. New York City restaurants have paid $30 million in settlements to a single Manhattan trial lawyer, who “invented this business”. These lawsuits are devastating to NYC’s world-class restaurant industry. Joe Bastianich, co-owner of Eataly, Del Posto and [...]
Yesterday, New York City Corporation Counsel Michael A. Cardozo gave a speech to the Citizens Budget Commission calling for tort reform as a solution to regain the city’s economic stability. The city paid out $561 million in tort related claims for 2011, an astronomically high number which could be drastically lowered by enacting various tort reforms. Said Cardozo, ”The tort laws must be [...]
New York’s current rule of joint and several liability means that in some cases a defendant who is only 1% at fault can be forced pay 100% of the judgment. If the defendant who is 99% at fault cannot pay, the financially solvent defendant must pay the entire award. This is often called the “deep pocket rule” as plaintiffs’ attorneys [...]
“A study in this month’s New England Journal of Medicine provides the most comprehensive analysis of the risk of liability claims by medical specialty in more than two decades, and reinforces the need to put an immediate end to medical lawsuit abuse. The study reports that in any given year, an average of 7.4 percent [...]
“Western New York is already home to drug courts and mental health courts that have attracted attention for achieving positive results. Now, patterned after an effort originating in the Bronx, Buffalo’s new medical malpractice court is handling cases involving hospitals affiliated with the Catholic and Kaleida Health systems and Erie County Medical Center. Eventually, it [...]
A California woman tried unsuccessfully to sue Nutella this year for false advertising. She was shocked to find that the delicious hazelnut- chocolate spread wasn’t the healthiest breakfast food for her 4-year old. The suit alleges that the commercials were misleading claiming that Nutella is part of a wholesome, balanced breakfast. At the end of June, the ASA rejected this lawsuit, on [...]
Plaintiffs prepare to seize Ohio obstetrician’s assets to collect $9.7 million judgment against her. While the attorneys have been debating for 11 months over pre-judgment interest for this case, the plaintiff received a writ of execution against the doctor. Her personal vehicle and other personal property are all being targeted. A court hearing has been set to [...]
NANUET, N.Y. – A 290-pound New York man is steaming mad at the White Castle fast-food chain, which he claims repeatedly broke promises to make the booths in his local eatery bigger. Martin Kessman, 64, filed a lawsuit against the fast-food giant last week in Manhattan federal court, claiming that the uncomfortable booths violate the [...]
