Monthly Archives: September 2006

Arbitrary cap on damages held unconstitutional in Louisiana

Yet another state Supreme Court has held that an arbitrary cap on damages violates the state constitution. 
In Arrinton v. ER Physicians Group, APMC, the Louisiana Third Circuit Court of Appeals has held that a $500,000.00 cap on medical malpractice damages was unconstitutional as failing to provide the plaintiffs an adequate remedy” as guaranteed under … Continue Reading

Trucking records too often go missing after wrecks

An article in today’s Dallas Morning News explains the obvious: "Trucking companies sometimes go to extraordinary lengths to avoid admitting fault in fatal accidents. They purge onboard computers, falsify records and destroy documents that federal law requires them to keep."
We’ve seen it too often. 

Electronic truck driver monitors improve driver morale and retention

The American Transportation Research Institute, the research arm of the American Trucking Associations, released the results Sept. 12 of its industry analysis of using the recorders to monitor driver hours. The ATRI research does contradict perceptions that the devices would hurt driver morale and retention. A surprising 76 percent of users … Continue Reading

Functional MRI may show mental activity in unresponsive TBI victim

Science magazine recently published a report on a young woman devastated by a car crash in England. For five months after the accident, tests showed no signs of awareness. Doctors declared her vegetative. Then, scientists put her in a Functional Magnetic Resonance Imaging (FMRI) scanner, which tracks blood flow to different parts … Continue Reading

UM coverage required in umbrella policy and in renewal policy where UM was never rejected

In a landmark decision released August 31, 2006, the Georgia Court of Appeals has resolved in one case two crucial issues on Uninsured Motorist (UM) insurance coverage:

A liability umbrella policy that includes automobile liability must include UM coverage equal to the liability limits unless the UM coverage is affirmatively rejected in writing, notwithstanding an exclusion … Continue Reading

Trucker who killed 5 college students in Indiana was way over legal hours

The trucker who killed 5 students and injured 4 when he crashed into a Taylor University van in Indiana last April was grossly over the legal hours of service.  Federal Motor Carrier Safety Regulations limit interstate commercial truck drivers operators to no more than 11 hours of driving time following 10 hours off duty and … Continue Reading

NYC law firms raise new grads to $145,000

The New York Times reports that big New York City law firms have raised the starting salaries for kids just out of law school to $145,000.  (Large Atlanta firms raised starting salaries to $115,000 earlier this year.)  The $145,000 starting salary figure is striking to me because, without adjusting for inflation, it is exactly ten … Continue Reading