News
[08/19]
NY state firefighters deliver 3 babies in transit
[08/19]
Suit accuses restaurant of giving man big tapeworm
[08/19]
Sailor, knocked from boat, rescued 12 hours later
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[0/0]
FDA News Release
[02/08]
Firm Recall/State Recall
[01/08]
Shiloh Farms Recalls "Shiloh Farms Organic Unhulled Sesame Seeds" Because of Possible Health Risk
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Articles
State Trial Practice
The American legal system depends on the adversarial process to bring out the truth. Parties to disputes present their arguments to an impartial judge who resolves the matter by examining the facts, applying the relevant law, and issuing a decision. This basic model applies to both civil and criminal cases. Civil cases concern private conflicts between individuals, businesses, and the government, while criminal cases involve law enforcement by the government against individual defendants. Both types of cases may be brought to trial before state courts.
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Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?
Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. In fact, it is improper for an adjuster even to ask about such payments. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay.
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Case Summaries
[08/19]
Joyce v. Morgan Stanley & Co., Inc.
In a suit by shareholders of a telecommunications company alleging that defendant, while advising the company during its acquisition by another company, failed to advise plaintiffs on minimizing their exposure to financial losses, grant of a motion to dismiss is affirmed in part and vacated and remanded in part where: 1) plaintiffs were bringing a direct action on their own behalf, not a derivative one on behalf of the corporation, and to that extent had standing; but 2) plaintiffs' constructive fraud claim required them to allege that defendant owed them a fiduciary duty, but no such duty never arose.
[08/19]
King v. Burlington N. & Santa Fe Ry. Co.
In a malicious prosecution suit alleging that defendant fired plaintiff without probable cause to believe that she had stolen train tickets, denial of plaintiff's discovery motion and summary judgment for defendants are affirmed where: 1) a determination by the System Board of Adjustment that plaintiff had stolen from defendant did not preclude litigation of that question in the context of the malicious prosecution suit; but 2) plaintiff failed to produce evidence of the date on which defendant had filed a criminal complaint against her, and thus would not be able to prove her claim that defendant lacked probable cause at the time of the filing.
[08/19]
US v. Flaherty
In an action brought under the False Claims Act alleging that the Federal Emergency Management Agency (FEMA) provided a reimbursement check to defendant as a result of a fraudulent scheme, dismissal of the complaint is affirmed where qui tam actions cannot be brought pro se.
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