If you take the media reports at face value, all attorneys are corrupt and only looking to make a quick buck by filing as many frivolous personal injury and medical malpractice lawsuits as possible and litigating them through trial to win exorbitant jury awards which causes everyone’s insurance costs to go up. The solution currently in place for this “problem” is tort reform legislation, but who stands to benefit from the legislation and who will … Read more
Sep 22, 2017
Hurricane Harvey was a disaster for almost everyone it touched. Yet, showing that no disaster is without profit to someone, lawyers are already thinking of ways to blame damage from the storm on governments, architects, builders and others. As Reuters reports in a recent story by Sebastien Malo, those lawyers are trying to show that certain targets, all with presumably deep pockets, should be legally responsible for the damages and injuries millions suffered in the … Read more
Feb 23, 2017
One of the principal benefits of a limited liability company is the insulation it provides its members against personal liability for company debts. It is, however, possible to lose that protection against personal liability. One situation where the members and managers can expose themselves to personal liability for company debts is when the company is dissolved and the members assume responsibility for paying the company’s remaining debts, winding up its affairs and distributing the company’s … Read more
Nov 3, 2016
An appellate court in Utah recently ruled that a woman appointed personal representative of her deceased husband’s estate could sue herself on behalf of her husband’s sole heir, herself, for negligently causing the motor vehicle accident that caused her husband’s death. The ABA Journal story is here.
The appellate decision is wholly insensitive to the absurdity of its conclusion. Of course, the purpose of such litigation where the only interested participants are me, myself … Read more