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Commercial
Complex Litigation - The Next Big Thing May Be Very Small, by
Steven Kramer.
After asbestos, it was widely thought that mold litigation would dominate as the next mass tort. The issue was covered broadly in the media, with national magazines and newspapers warning of a wave of litigation to come. "Black mold" became a feared phrase. At least in the personal injury context, mold litigation seems to have subsided. Asbestos and mold litigation may, however, have set the stage for the next wave of inhalation litigation — involving the emergence of engineered nanoscale materials.
Non-Specific.
4 pages. Written:
2007. Added:
6-29-2008.
www.eckertseamans.com
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Civil Trial Practice
Proving and Defending Damages, by
Stuart N, Ratzan, David W. Bianchi, Robert J. Aranda, Thomas P. Scarritt, Robert M. Stoler, Bradley R. Johnson.
Articles discuss proving dameges in a variety of civil cases, including personal injury, wrongful death, jury selection and civil pre-trial procedure.
Florida.
140 pages. Written:
2005. Added:
4-09-2007.
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Personal Injury
The Role of Medical Evidence and the AMA Guides in Oklahoma Workers’ Compensation Cases, by
Steven E. Hanna.
The Oklahoma Workers’ Compensation system is designed to treat and compensate injured workers. This process necessarily merges fact questions of who, what where and why, with medical issues such as causation, the need of treatment, apportionment and work restrictions.
Oklahoma.
4 pages. Written:
2006. Added:
3-22-2007.
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Personal Injury
The Oklahoma Workers’ Compensation Act and Daubert: Applying the Reliability Requirement of Rule 702 to Exposure Cases, by
Andrew D. Downing.
In 1993, the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals Inc. clarifying the trial court’s role as the front line against the allowance of junk science and expert testimony consisting of nothing more than unsupported speculation. Article discusses applicability to Worker's Compensation, personal injury cases.
Non-Specific.
5 pages. Written:
2006. Added:
3-22-2007.
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Personal Injury
Recent Workers’ Compensation Reforms, by
Bob Burke and K. David Roberts.
The 2005 Oklahoma Legislature approved sweeping changes to the Oklahoma Workers’ Compensation Act. The purpose of the reform was to lower workers’ compensation costs for Oklahoma employers.
Oklahoma.
4 pages. Written:
2006. Added:
3-22-2007.
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Personal Injury
An Analysis of Liability Rules: Preponderance-of-the-Evidence versus Proportionate Damages, by
Shmuel Leshem* and Geoffrey Miller.
We study a model in which a potential injurer has to decide whether to exert care and a victim has to decide whether to file suit. In
particular, we show that when the parties may settle before trial, POE minimizes the rate
of negligence. We thereby provide efficiency rationale for the ubiquity of POE in the legal system.
Non-Specific.
45 pages. Written:
2007. Added:
3-20-2007.
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Personal Injury
Learning from malpractice claims about negligent, adverse events in primary care in the United States, by
R L Phillips, Jr, L A Bartholomew, S M Dovey, G E Fryer, Jr, T J Miyoshi and L A Green.
The few existing studies of patient safety in
primary care suggest that this notion underestimates the combined effects of patient volume, complexity & repetitive
systematic errors. In addition, studies of physician recognized errors in primary care suggest that errors occur frequently & that seemingly trivial mistakes can result in severe harm.
Non-Specific.
7 pages. Written:
2007. Added:
3-20-2007.
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Personal Injury
Litigation claims for employees who have been subjected to severe workplace bullying, by
David Yamada.
Common bullying behaviors include: false accusations of mistakes and errors; hostile glares and other intimidating non-verbal behaviors; yelling, shouting, and screaming; exclusion and the “silent treatment”; use of put-downs, insults, and excessively harsh criticism; and unreasonably heavy work demands.
Non-Specific.
14 pages. Written:
2005. Added:
3-20-2007.
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Personal Injury
The Ripple Effect Of Workers’ Compensation, by
Mark Baugh and Helen Bean.
What happens when an injured worker pursues some legal benefit or remedy after having gotten a workers’ compensation award? The answer could come as a surprise.
Non-Specific U.S. State.
11 pages. Written:
2005. Added:
3-08-2007.
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