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Tort Reform

In 1992, Stella Liebeck suffered significant burn injuries after spilling McDonald’s coffee on herself. She sued, and eventually received compensation. Much has been written about the case; a 2011 movie, “Hot Coffee“, focused on the extent to which the public’s largely unfavorable perception of the case and Ms. Liebeck was based on a significant and pervasive […]

In Arrin C. v. New York City Department of Education (decided June 10, 2014) the Appellate Division, First Department affirmed the trial court’s conditional reduction of a multi-million dollar jury award. Plaintiff, an autistic 11-year old student, sustained injuries to his mouth – including one of his teeth being knocked out and another being knocked into his […]

Today is July 4, 2014, the 238th anniversary of the Continental Congress’ adoption of the Declaration of Independence, our break-up letter to our abusive partner Great Britain. No euphemisms here: it couldn’t seriously be said “it’s not you, it’s us”; it was most certainly them. King George, it seems, wasn’t a terribly nice guy. Dear […]

In Torres v. 1420 Realty LLC, the Appellate Division, First Department recently applied the doctrine of “superseding cause” to affirm the dismissal of plaintiff’s personal injury case. Under that doctrine, a defendant is relieved of liability where, after his negligence, an unforeseeable superseding event breaks the causal connection between his negligence and a plaintiff’s injuries. […]

Celebrities and Tort Law

by mjpospis on June 1, 2012

in Personal Injury, Tort Reform

In an idiotic article entitled “Justice for Justin” (May 31, 2012), Bill O’Reilly claims that “[w]e absolutely need tort reform in this country”.  The focus of his anti-lawsuit tirade is the possibility of a lawsuit by a photographer who claims he was assaulted by Justin Bieber. O’Reilly writes: [T]he odds are that this is yet another […]