In 1975, the California State Legislature passed the California Medical Injury Compensation Reform Act (MICRA) which placed a cap on damages for medical malpractice claims. According to this Act, an injured plaintiff cannot recover non-economic losses in excess of $250,000. This tort reform statute has been in effect in California for thirty-two years. Because this California law has been in...
Last week, the Arizona Legislature passed the Teenage Driver Safety Act, legislation which places driving limitations on new young drivers to help minimize risk of automobile accidents. The bill limits teens as follows:The act provides for driving restrictions from midnight to 5 a.m. and passenger limitations for the first six months a new teen driver holds a Class G driver's license. According...
Today in the Los Angeles Times, I read about the health insurance company Blue Shield of California which has been sued by a policyholder alleging bad faith for refusing to pay medical bills totalling $450,000 arising out of a serious car accident. According the the article, the insureds applied for health insurance, paid premiums and received an individual policy through Blue Shield of...
Congratulations to State Farm Insurance Company! Its profits rose almost sixty-four percent (64%) to $5.32 billion dollars last year from $3.24 billion dollars in 2005. In my opinion, during this time, I do not think that State Farm acted like very much of a good neighbor to victims of Hurricane Katrina or to other policy-holders who timely paid premiums thinking they would be protected in...
Today I discovered an interesting and entertaining page on the America On Line web site. Discussing so-called frivolous lawsuits, America On-Line lists as news several lawsuits without real attribution or legitimate discussion about corporate accountability for wrongdoing. Setting aside the issue of whether these lawsuits are in fact real or a political effort to encourage tort reform...
Yesterday News Channel Five reported that some county records containing social security numbers and other confidential information are readily available for inspection by anybody with internet access which unfortunately presents criminals with an invitation to commit identity theft. How would you feel if your social security number has been published on the internet because it has been...
Even more details are beginning to emerge about the theft of data on computer systems belonging to TJX Companies, the parent company of TJMaxx and Marshalls stores. Unfortunately it appears that thieves are actually using information they stole from the TJX Company computers. The on-line publication Computerworld described the data security breach as follows:The scope of the security breach...
I just read today in the Arizona Republic that Scottsdale based Taser International plans on introducing a new consumer stun gun at the Consumer Electronics Show in Las Vegas next week. With its perfect record thus far on product liability litigation lawsuits against it relating to its law enforcement stun gun product, I am not surprised to see this company branching out into the consumer...
Just this past week, Starbucks lost track of four laptop computers containing sensitive information including social security numbers, addresses and names of over 60,000 company employees. Looks like this company may know how to serve up some Java but needs some lessons on how to protect sensitive employee information. These employees may become the next victims of identity theft as a result...
If you are a member of the United States Military, you can have your cup of coffee but do not expect to be stunned by a 50,000 volt Taser non-lethal weapon as a part of any training exercise. A new study released recently by the Journal of the National Academy of Forensic Engineers recently concluded that Taser stun guns are more powerful and potent weapons than originally envisioned. The...
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