Erin Brokovich was presented with a check for $2 million for all her efforts, and continues to work on cases involving peoples who have been victimized by large corporations.
The ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying
Rachelle Allen had 3 kids she didn't want anymore kids so she "underwent a tubal ligation". So she could't get pregnant. Later years she met her husband. Her husband wanted kids. Allen agreed and had a surgery so she could have kids again. It was 2005 where she was in pail from the surgery. This was the first time Allen used opioids. 6 months after the surgery her pain was gone. She kept taking opioids because she said it was the only way she could function. Her doctor didn't tell her that opioids were highly addicted. Allen researched what was going on with her and Allen said "I knew I was in trouble". On Allen's wedding day she was 8 weeks pregnant and she said she was "pretty high". Allen started to demand to her doctor to give her more
Even though The Aline Tort Claims Acts hs been used since the 1990’s as a way to hold company across the world responsible for wrongful acts against humanity and the environment, the companies are not held responsible for their actions. Many of the companies just settle outside of court because it is easier than having to go to trail and is a lot less costly. Plus the companies do not have to admit any
Allen’s complaint was probably sufficiently pled to survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, which dismisses complaints that fail to state a claim upon which relief can be granted. To decide this, the court will probably look at whether the nonconclusory allegations contain facts that if true, would plausible entitle Allen to relief under strict liability rather than negligence because Minkah’s explosives suggest an abnormally dangerous activity. To be sufficiently pled for strict liability, the nonconclusory facts in the complaint must not only allege damages but must plausibly show Minkah’s activity was abnormally dangerous by satisfying six elements: great risk of harm, risk of great harm, unpreventable risk, uncommon activity, inappropriate location and community value disproportionate to the risks. Ashcroft v. Iqbal, 556 U.S. 662 (2009). Indiana Harbor Belt R. Co. v. American Cyanamid Co., 916 F.2d 1174 (1990).
The concept of personal injury law includes a wide array of complex situations in which a person is physically hurt while also suffering emotional and financial damages. The injuries and damages are due to the negligence and wrongdoing of another person or party. A wrongful death can also be considered a case that a bodily injury attorney would be hired to handle by a surviving family member. However, most common personal injury cases emerge in the unfortunate context of vehicle accidents, construction and workplace mishaps, product liability (defective or dangerous product), medical malpractice, dog bites, recreational fall-backs, and environmental pollutants and poisonings. Silverthorne Attorneys
The odds of a plaintiff winning in civil court are two to one against. Most people do not even try, they settle. Out of the approximate 780,000 cases filed each year, only 12,000 or 1.5%, ever reach a verdict. These facts are some that are told in the movie A Civil Action. A Civil Action is based on the book by Jonathan Harr and on a true story. This movie, which was filmed in 1998, is about a water contamination case that happened in Massachusetts. The case is known as Anderson v. Cryovac. John Travolta plays the role of the main character Jan Schlichtmann, who is a personal injury attorney. Although typically a water contamination case would not fall into the hands of a personal injury attorney, but in this case, he was just supposed to be handling the case of a woman’s son who died of leukemia. She called him live on a radio talk show and explained that she had called his firm to handle the case, and now they would not return any of her calls. He explains how sorry he was and that he would take care of it as soon as possible.
The case for the plaintiffs was the contamination of water through two wells win Woburn, Massachusetts. From this, the contaminated water had killed many children. The ones who are accused of dumping were Beatrice Foods and E.R. Grace. Jan Schlichtmann, the lawyer who took on this suit went through everything to try to get this case over with so he could get a huge profit from the case. But as he says to him “Our clients pay nothing, We pay everything”. This is true, throughout the movie all of their money goes through this to get this case done. One of the men, Mr. Long, who helped with the contamination of the poison of the wells was severely sorry. He even goes to one of the families just to say,”I’m very sorry about your son.”. The
“Several dead kids isn’t enough for this case” said Jan Schlichtmann, a very successful personal injury lawyer, referring to a case that involves Anne Anderson. Anne lost her child to Leukemia as well has five other families in the movie “A Civil Action.” They strongly believed that their children died due to water contamination in the town of Woburn, Massachusetts. The only reason Mr. Schlichtmann found out about this case was because Anne Anderson heard a lawyer on the radio talking about his clients saying “My client’s pain is my pain”. After Mr. Schlichtmann said no to this case, he went down to the lake and saw what was getting dumped in the lake. He then had
The Andersons, Kanes, Toomeys, Zohners, Robbins and the Aufieros were the plaintiffs in the film, a Civil Action. Their case was to sue two companies (Beatrice and W.R. Grace) for dumping toxic waste into the environment. The toxic waste is trichlorethylene which is a carcinogen according to the EPA. All the families lost children due to leukaemia. “12 deaths over 15 years from leukaemia - eight of them children.”1 This case was hard to make for three reasons. One reason is that certain people are worth more than others in court, and children (especially dead ones) are not worth very much. “a dead child is worth least of all.”1 The second reason
The plaintiffs in this case are Amber Arlington and Madison Metroplex. The causes of action available to Ms. Metroplex are direct negligence, premises liability, negligent hiring and harassment. Ms. Arlington would have a cause of action to recover as a bystander to the accident if she had a familial relationship to Ms. Metroplex. As she does not, there is no cause of action available to Ms. Arlington. The defendants are Forever 21 and the Austin Forever 21’s store manager. Their available defenses are comparative negligence and assumption of risk.
Tang filed a two-count complaint for negligence and vicarious liability against Hipster, for injuries sustained during the evacuation of Airline Boeing 737 aircraft on February 1, 2015, in San Diego, California. Tang’s Complaint is deficient on its face and presents no potentially viable claims for relief against Hipster; nor does the complaint meet the pleading requirements under Fed. R. Civ. P. 8(a)(2). This Court should dismiss Tang’s complaint with prejudice.
The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.
After the relocation of the Love Canal’s community, numerous number of lawsuits have been filed against Hooker Pharmaceutical. At the beginning of 1979, the State Supreme Court rejected a $2.5 billion lawsuit filed on behalf of nine hundred (900) residents against Hooker Chemical, the City of Niagara Falls, the Niagara County Health Department, and the Board of Education of the City of Niagara Falls. By the end of 1979, over eight hundred (800) lawsuits were been filed against Hooker Chemical for a total of $11 billion (Wald, 1994). After all the hardships and tragedy the Love Canal community had to go through, they did not settle that soon for the lawsuit and kept on fighting for what they knew they so rightfully deserved. Therefore, in 1983
Steven Soderbergh’s “Erin Brockovich” is an autobiography of Brockovich and her involvement in the largest monetary direct-case action lawsuit within the United States. Despite a lack of formal education and law experience, Brockovich proves to be the key element to winning a plaintiff case against multi-billion-dollar industry, Pacific Gas and Energy Company (PG&E).