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...
Aloha from the beautiful city of Honolulu, Hawaii. I have been to some very interesting seminars on a variety of issues and topics. I've met some very interesting people and have met several other colleagues who have shared their experiences on such timely topics as electronic discovery and using graphics in the courtroom to persuade. Listening to the presenters reiterated the importance of...
Each year various members of the Arizona legislature introduce bills concerning all aspects of "tort reform." This year is no different. I recently learned that Arizona State Representative Jennifer Burns introduced a bill to prevent Plaintiffs from recovering punitive damges but not to outlaw puntive damages awards in their entirety. Rather than outlawing punitive damages, Representative...
The trial of Enron executives Kenneth Lay and Jeffrey Skilling began this last week in a Houston, Texas courtroom. This corporate scandal and the beginning of the trial of its former executives has reinforced my opinion about why jurors rathern than government or corporate America should have the final say about what corporations should and should not do, and when corporations should be held...
If you have been injured in an accident and somebody else bears responsibility, one question likely to arise is whether you must file suit within a specified period of time. In Arizona, you must file suit within a specific time or you will forever lose your rights to sue. This time period can be as little as 180 days from the date you suffered harm (or should have known), as long as two...
Remember the days when hardly anybody had cell phones or laptops? Business and communication used to be conducted by written memos and filed away in storage units. The old system of paper storage is rapidly changing. What does this mean for attorneys who seek evidence as they advocate for their clients? This means that attorneys will increasingly need to focus their attention on electronic...
Pesticides are designed to do one thing: kill living things. That much is clear. What amazes me is that the Environmental Protection Agency just recenlty established criteria for testing pesticide poison exposure on humans. So sorry if you are pregnant or a child, you will no longer be able to participate in intentional pesticide exposure studies according to an article in today's Arizona...
Just yesterday, a group of smokers Sued Phillip Morris for the cost of annual cancer screening tests. According to the Arizona Republic, costs for annual cancer screening amounts to about $500 per smoker. Should individual smokers who assume the risk that smoking causes harm pass along the costs of medical monitoring to tobacco companies? Do you think people who smoke regularly now know the...
Today I came across an article dealing with "absurd" warning labels. After reading this article, I thought about how extreme examples of the product safety debate are not necessarily the appropriate forum to determine whether corporations should be held accountable when products are unreasonably defective and cause injury. A product is considered defective if it is considered unreasonably...
Southwest Gas Company has been sued by an injured victim who was badly burned over ninety percent of his body. The gas company has an obligation to make its products safe for everyone who uses natural gas or other dangerous products. Without examining the merits of the lawsuit any further, this lawsuit may be an example of how if a company does not take appropriate steps to make its dangerous...
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