Personal Injury
Settlement Annuities
April 8, 2014
The introduction of two non-traditional "structured settlement" products underscores the expanding role of annuities in personal injury settlement planning (settlement planning) but also raises fundamental questions about suitability, due diligence and industry education. * * * Based upon the most recent Towers Watson Annual Study of United States Tort Cost Trends, and utilizing Tower Watson's 2002 "best estimate" of payout percentages, S2KM estimates more than $160 billion per year of...
April 8, 2014
The introduction of two non-traditional "structured settlement" products underscores the expanding role of annuities in personal injury settlement planning (settlement planning) but also raises fundamental questions about suitability, due diligence and industry education. * * * Based upon the most recent Towers Watson Annual Study of United States Tort Cost Trends, and utilizing Tower Watson's 2002 "best estimate" of payout percentages, S2KM estimates more than $160 billion per year of...
Keys to a Successful Personal Injury Mediation
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
Mass Tort Litigation Blog: Recent Article on Classwide Injury
August 1, 2012
Mass Tort Litigation Blog: Recent Article on Classwide Injury http://lawprofessors.typepad.com/mass_tort_litigation/2012/06/recent-article-on-classwide-injury.html
August 1, 2012
Mass Tort Litigation Blog: Recent Article on Classwide Injury http://lawprofessors.typepad.com/mass_tort_litigation/2012/06/recent-article-on-classwide-injury.html
U.S. News: Chronic Pain May Depend on Emotional Reaction to Injury
July 8, 2012
U.S. News: Chronic Pain May Depend on Emotional Reaction to Injury
July 8, 2012
U.S. News: Chronic Pain May Depend on Emotional Reaction to Injury
New York Personal Injury Law Blog: New Facebook Decision – Novartis Loses Again
March 25, 2012
New York Personal Injury Law Blog: New Facebook Decision – Novartis Loses Again http://www.newyorkpersonalinjuryattorneyblog.com/2012/03/new-facebook-decision-novartis-loses-again.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewYorkPersonalInjuryLawBlog+%28New+York+Personal+Injury+Law+Blog%29
March 25, 2012
New York Personal Injury Law Blog: New Facebook Decision – Novartis Loses Again http://www.newyorkpersonalinjuryattorneyblog.com/2012/03/new-facebook-decision-novartis-loses-again.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewYorkPersonalInjuryLawBlog+%28New+York+Personal+Injury+Law+Blog%29
Disputing: U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims
March 5, 2012
Disputing: U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims http://www.karlbayer.com/blog/u-s-supreme-court-remands-cases-about-predispute-arbitration-agreements-for-personal-injury-and-wrongful-death-claims/
March 5, 2012
Disputing: U.S. Supreme Court Remands Cases about Predispute Arbitration Agreements for Personal Injury and Wrongful Death Claims http://www.karlbayer.com/blog/u-s-supreme-court-remands-cases-about-predispute-arbitration-agreements-for-personal-injury-and-wrongful-death-claims/
Breaking: SCOTUS Follows Concepcion Per Curiam
February 21, 2012
"As this Court reaffirmed last Term, “[w]hen state law prohibits outright the arbitration of a particular type ofclaim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” AT&T Mobility LLC v. Concepcion, 563 U. S. ___, ___ (2011) (slip op., at 6–7). That rule resolves these cases. West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration...
February 21, 2012
"As this Court reaffirmed last Term, “[w]hen state law prohibits outright the arbitration of a particular type ofclaim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” AT&T Mobility LLC v. Concepcion, 563 U. S. ___, ___ (2011) (slip op., at 6–7). That rule resolves these cases. West Virginia’s prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is a categorical rule prohibiting arbitration...
SCOTUS: Marmet Health Care v. Brown
February 21, 2012
Per Curiam: “State and federal courts must enforce the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq., with respect to all arbitration agreements covered by that statute. Here, the Supreme Court of Appeals of West Virginia, by misreading and disregarding the precedents of this Court interpreting the FAA, did not follow controlling federal law implementing that basic principle. The state court held unenforceable all predispute arbitration agreements that apply to claims alleging personal...
February 21, 2012
Per Curiam: “State and federal courts must enforce the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq., with respect to all arbitration agreements covered by that statute. Here, the Supreme Court of Appeals of West Virginia, by misreading and disregarding the precedents of this Court interpreting the FAA, did not follow controlling federal law implementing that basic principle. The state court held unenforceable all predispute arbitration agreements that apply to claims alleging personal...
Be Careful What You Ask for: The Effect of Anchors on Personal Injury Damages Awards
February 3, 2012
Be Careful What You Ask for: The Effect of Anchors on Personal Injury Damages Awards http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1725431
February 3, 2012
Be Careful What You Ask for: The Effect of Anchors on Personal Injury Damages Awards http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1725431
TortsProf Blog: Texas Law Review Publishes Exchange on Indivisible Injury
December 27, 2011
TortsProf Blog: Texas Law Review Publishes Exchange on Indivisible Injury http://lawprofessors.typepad.com/tortsprof/2011/12/texas-law-review-publishes-exchange-on-indivisible-injury.html
December 27, 2011
TortsProf Blog: Texas Law Review Publishes Exchange on Indivisible Injury http://lawprofessors.typepad.com/tortsprof/2011/12/texas-law-review-publishes-exchange-on-indivisible-injury.html
