Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars. Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar…
Are wrongful death beneficiaries bound by an arbitration agreement when bringing a wrongful death claim? This issue has been batted around now in so many jurisdictions. Today, it was Kentucky’s turn. Facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors The facts of Greenville Nursing and Rehabilitation, LLC…
The Iowa Supreme Court issued an interesting opinion Estate of Butterfield v. Chautauqua Guest Home, Inc. addresses Iowa’s five-year-old certificate of merit requirement in medical malpractice lawsuits. RELATED CONTENT: Iowa Personal Injury Verdicts & Settlements Iowa Statute of Limitations in Breast Cancer Cases Background Facts and Proceedings This is a…
In Hamon v. Connell, the Georgia Supreme Court was presented with an interesting question: can an adult child bring a wrongful death lawsuit if the widow refuses to bring a claim? Facts of Hamon v. Connell The petitioner is the only surviving child of the decedent. She brought a medical…
In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim. Facts A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent…
Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases? There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of…
In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases. Montana 3-Year Statute of Limitations in Injury Cases Like all states, Montana has a strict deadline for…
In an unreported opinion last month, the Supreme Court of Montana decided an appeal of an order granting a motion for judgment as a matter of law in favor of a doctor in Yellowstone County. The court found that the patient failed to present expert testimony that the doctor breached…
The Second Circuit ruled today in Edwardo v. The Roman Catholic Bishop of Providence that sexual misconduct committed by a Catholic priest from another state during a work-related trip does not establish the jurisdiction of Rhode Island parish under New York law. The case is about a man who was…
Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim. Birth Injury Lawsuit IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA Michelle…