Ohio Supreme Court Destroys Jurors’ Role

Posted: December 28th, 2007 | Author: | Filed under: Legal and Law | Comments Off on Ohio Supreme Court Destroys Jurors’ Role

Columbus, Ohio – In a major victory for insurance companies and those who wish to be able to determine the financial risks associated with injuring people due to their own negligence; the Ohio Supreme Court rules that caps on damage awards in personal injury lawsuits, declaring them constitutional by a 5-2 margin this Thursday, December 27, 2007.

There were several business organizations who convinced – some say paid off – the Ohio legislature to cap damages awards to victims who are injured to a neglectful business economic in injuring others, effectively destroying hundreds of years of well settled law as it relates to the rights of man. But health care organizations are gleeful that they can always know no matter how careless they are, it will only cost them a sum certain, rather that being exposed to what a jury believes the value of the case is.

One dissenting justice stated it was a: “a sad day for the court” and “a tragic day for Ohioans.”

The Court actually upheld damages caps approved by the legislature way back in year 2004. One of the statutes has a cap on awards for pain and suffering and intangible injuries to a maximum of $350,000 unless the injured person loses bodily organ or a limb. The other statute limits punitive damages normally understood to be a sort of death penalty to businesses who put profits over people, to just two times the amount of compensatory damages awarded by juries for injuries. The Court’s shocking ruling was the result of several years of litigation by Plaintiff Melisa Arbino, a Cincinnati woman, versus Johnson & Johnson Pharmaceutical Co. The allegations were in part, that Johnson & Johnson was negligent, causing blood clots due to the use of a birth control patch manufactured and distributed by Defendant Johnson & Johnson.

An organization considered by many consumers to be an anti-victim, anti-plaintiff group, called the Ohio Alliance for Civil Justice, claims the ruling sets:

“parameters that fairly award injured parties while providing a reasonable and predictable system for Ohio’s job creators.”

The Ohio Alliance for Civil Justice consistently argued that the tort damages caps have been long needed in order to encourage businesses to stay afloat and also to help businesses create jobs without being threatened by run away jury verdicts. Consumer groups retort that if businesses followed the law to begin with, they wouldn’t get sued and there would be no fear. “This simply acts as a get out of jail free card.” According to California trial attorney, Michael P. Ehline.

Chief Justice Thomas Moyer, who wrote the majority opinion, said damages caps still let juries be fact-finders in personal-injury lawsuits, but simply allows the General Assembly to determine how much the jury gets to award.

“We are charged with evaluating the constitutionality of their choices,” Wrote Moyer. “Issues such as the wisdom of damage limitations and whether the specific dollar amounts available under them best serve the public interest are not for us to decide.”

Moyer did seem to agree that the Court had in the past rejected damages in injury lawsuits in over 30 years, but now a bill had been written good enough to take away the historical role and right of the jury, stating the new legislation approved by the General Assembly three years ago fixed these constitutional “problems.”

Justices Maureen O’Connor, Evelyn Lundberg Stratton, and Judith Ann Lanzinger all joined in the Court’s majority opinion. Justice Robert R. Cupp wrote a separate and concurring opinion. Justices Terrence O’Donnell, and Paul E. Pfeifer wrote dissents. They both agreed that the cap on intangible damages clearly violates the constitutional rights of injured victims because it lets the legislature, instead of juries determine damage awards in tort lawsuits.


Motorcycles Are Fun Until The Cyclist Is Injured

Posted: December 18th, 2007 | Author: | Filed under: Legal and Law | Comments Off on Motorcycles Are Fun Until The Cyclist Is Injured

Riding οn a motorcycle іѕ a fun way frοm рlасе tο рlасе аnd іt іѕ economical, bυt even thе reason іѕ thаt many riders addicted tο motorcycles. One οf thе main reasons people riding bikes іѕ thе feeling οf freedom thаt thеу gеt аnd thе motorcycles аrе fun transport until thе rider іѕ injured.

Whеn driving іt along wіth thе freedom thе rider feels thеrе іѕ danger lurking аt еνеrу passing vehicle іn Ventura аnd thіѕ іѕ bесаυѕе thе car drivers οftеn dο nοt understand thеу need tο take extra care whеn passing a motorcycle аnd pull back іntο thе lane аmοng οthеr things.

Drivers hаνе bееn known tο pull іntο thе lane whеn passing a motorcycle аѕ quickly аt nοt enough speed thаt thе motorcycle іѕ nο рlасе tο gο. Thіѕ саn еіthеr try tο mονе thеm out οf thе direct path οf thе car аnd lose control οr hit thе back οf thе car, ѕο аѕ nοt tο avoid thе car.

Motorcycles аrе fun transport until thе cyclist іѕ injured аnd thеn thе tragedy fοr thе rider, thе injuries аrе usually serious bесаυѕе lіttlе protection frοm thе road, cars аnd οthеr things such аѕ road dividers. Even whеn wearing protective clothing аnd helmets injuries саn range frοm a ruptured disc, a severe brain injury οr οthеr serious injuries аnd thеrе аrе motorcyclists whο suffer fatal injuries.

If уου οr someone іn уουr family іѕ іn a motorcycle accident thе injuries mау take time tο heal аnd іn thе case οf a wrongful death іѕ οftеn thе provider οf thе family thаt lost аnd thе need fοr thе mοѕt experienced motorcycle accident lawyer needed. A lawyer whο hаѕ thе means tο аn accident, thе forethought tο recreate images οf thе scene prior tο аnу evidence tο bear away frοm thе weather οr traffic. Thіѕ motorcycle accident lawyers аblе tο experience thеіr faith walk іn prepared dish аnd a search system thаt accident pain аnd suffering.

Thе reason аn experience thаt motorcycle lawyer wіll gο tο extremes such аѕ photographing thе accident scene οr recreate аn accident, bесаυѕе thеу understand thаt such accidents сουld bе devastating аnd іѕ οftеn due tο thе driver οf a vehicle nοt complying wіth thе proper rules οf thе road.

If уου οr a lονеd one hаѕ bееn involved іn a motorcycle accident іn Ventura οr аnу рlасе еlѕе іn Orange County thеrе аrе experienced Newport Beach motorcycle accident attorneys whο аrе generally known аѕ California οr Los Angeles injury attorneys.


How To Choose The Right Orange County Personal Injury Firm – 888-400-9721

Posted: December 9th, 2007 | Author: | Filed under: Legal and Law | No Comments »

You’ve been in a serious auto or other Orange County accident and have now suffered severe injuries, significant property, and economic damages. How do you choose a personal injury firm or attorney? You should choose a personal injury law firm or attorney that specializes in cases like yours with years of experience in successfully representing clients who’ve been injured.
The first step most people take is looking in the phone book under “Attorney” and choosing one of the hundreds listed as “Personal Injury” attorneys. What you will find is lots of ads but not much information. Now you are faced with a huge question – who is really an expert and who is someone claiming to be one?
So, how do you sort through all the names? What questions do you need to ask?
Here, are some things you should know before you decide on the personal injury law firm or lawyer to hire.
1.As a victim, you need to quickly hire PI lawyer. As a matter of fact, the sooner; the better. You should start searching as soon as you are able and should hire an attorney or firm within two weeks of your accident.
If disability or injuries prevent you from beginning your search, have a friend or family member start the search for you. Make sure they take extensive notes and fully discuss the details of their conversations with you. Also make sure they ask the questions you have in mind and are well versed in the facts of your case.
The personal injury firm or attorney should be concerned with getting started on your case immediately. If he or she does not seem concerned or interested, that attorney may be the wrong choice.
2. Select a personal injury firm or lawyer based on the extent of your injuries. If you are severely injured, you’ll need an experienced firm or attorney to properly work your claim. It is important to check out the attorney or firm’s length of experience and expertise in handling personal injury cases like yours.
Before retaining the personal injury firm or attorney, visit the law firm or lawyer’s website and read the firm’s history, the lawyers’ biographies and settlement histories and other key information that will help you make the decision based on experience and expertise in handling your case.
If the attorney or firm says they are experienced, do not be afraid to ask about the length of the experience in handling personal injury cases like yours. Further, look up the settlements and jury awards the law firm/lawyer has won in cases similar to yours.
3. Conduct a personal meeting with the attorney you plan to retain. During this complicated and stressful time of your life, the attorney or firm will be your closest confidant and ally. Try to ignore how you feel about them personally. You need to be able to trust and depend on him / her and feel comfortable with personal details around him / her. This is why you need to arrange a face-to-face meeting with your new attorney and discuss everything about your case. The initial consultation with a good personal injury lawyer should be free if they are interested in taking your case.
4. Almost all personal injury lawyers and firms work on a contingency fee basis. Unless he / she wins your case, you will not be paying for the lawyers’ services. Make sure you find out what percentage of your award will go towards the attorney or firm’s fees.
Be smart and careful in choosing an experienced Orange County Personal Injury Law Firm with expert Orange County personal injury lawyers to represent your case.


The Swiss and Turks at odds over Armenian Genocide Legal Interpretations

Posted: December 4th, 2007 | Author: | Filed under: Legal and Law | Comments Off on The Swiss and Turks at odds over Armenian Genocide Legal Interpretations

The massacres that followed the first world war in Armenia by the ottoman Turks, and later reported in some circles as a genocidal attack by the defeated turks on a minority group in their country (later echoed by the Kurds, another minority group in the country) has caused a strain in relations between those two countries much as it recently had done with the United States. Whether the million-plus figure of slaughtered Armenians is accurate or not.

Turkey maintains that the Armenians are exploiting this issue for their own political gain. All in all, these talks on the massacres, which take place in Switzerland, are quite explosive in nature. For it’s part, modern Turkey in the post-Ottoman period continues to repeat its calls for researching the events from an objective viewpointand has now caused a crisis between the two countries. In fact the variousstatements that are given by the News Agency of Switzerland reflect the Swiss tendency who does not favor the unilateral scenarios.

Peter Breiner, who is head of the Senate Commission of Foreign Policy and also head of the Foreign Policy of Assembly of Cantons, states that about this historical issue: “this issue regards rather the concerned sides, namely Turkey and Armenia. Also, pointing Turkey with finger after some 90-odd years is not the business of other countries.


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