The LitiGatorMichigan lawyers specializing in civil litigationThe missing key- February 22, 2004 The key most needed by Windows users. (Source: MercuryDigital Res)http://radio.weblogs.com/0110436/2004/02/22.html#a542 Misfortune follows exploitation- February 21, 2004 Gongwer reports the following: Court Of Appeals Orders Child Support From Sex Abuse Victim -- A man who was the victim of criminal sexual conduct when he was 14 years old has been ordered by a panel of the Court of Appeals to pay child support to the child conceived as a result of the relations with a married woman. The case, Evelyn v Shire, is reported here. An excerpt: Respondent argued that he was the victim of an act of criminal sexual conduct committed by Evelyn because he.http://radio.weblogs.com/0110436/2004/02/20.html#a541 San Francisco Follies- February 19, 2004 Isn't it interesting that it is a city executive and not a judge who is the activist in San Francisco Even more interesting is the fact that so many conservative commentators are criticizing the judges who are hearing the cases challenging the mayor's actions for taking the cautious, non-activist approach rather than jumping right in to make a big splash with a quick ruling. When I was in college, a couple I knew (a man and a woman) held a marriage ceremony and thereafter lived...http://radio.weblogs.com/0110436/2004/02/18.html#a540 Pseudonymous weblogging- February 17, 2004 Earlier this month, Nick Confessore of TAPPED wrote "In Defense of No-Name Bloggers", responding to what he called a "very weak attack" by Salon's Christopher Farah against those who post on weblogs under assumed names. Confessore notes a critical distinction in correcting Farah's reference to them as "anonymous" authors, observing: That's incorrect. They're pseudonymous, like, say, the authors of The Federalist Papers. And it's an important distinction. Anonymous writing can indeed be..http://radio.weblogs.com/0110436/2004/02/16.html#a539 My Backword- February 16, 2004 Peter Nordberg of Blog 702 has some favorable words about these last two postings and some thoughtful comments on the criteria that can be used to judge what he describes as the "ethics" of legal and political discourse. In my series of longish postings on the "John Edwards - cerebral palsy - junk science" topic over the last three weeks, I have made clear my disagreements with Walter Olson on certain key points on this topic, but I would be remiss if I did not observe at the..http://radio.weblogs.com/0110436/2004/02/16.html#a538 No-fault compensation for birth-related injuries- February 15, 2004 The fact that only 10% or 20% of cases of cerebral palsy are related to perinatal hypoxia does not mean that only 10% to 20% of the lawsuits making this claim are valid, for a number of reasons. Nonetheless, I will be the first to acknowledge that only a minority of these claims are in fact meritorious, and that most cases that are filed on the basis of this causation claim do not hold water medically. Yet they commonly result in verdicts for the plaintiff when they reach the trial..http://radio.weblogs.com/0110436/2004/02/15.html#a537 Junk science and cerebral palsy cases, re-revisited- February 14, 2004 In response to my posting of February 1, in which I took the position that the obstetrics malpractice cases pursued by John Edwards when he was a plaintiff's trial attorney in North Carolina were not based on "junk science" as that term is used and understood in current parlance, Walter Olson responded on February 2. Recall that the cases in question reportedly involved claims for damages for cerebral palsy allegedly arising from perinatal hypoxia - deprivation of oxygen to the newborn, before.http://radio.weblogs.com/0110436/2004/02/14.html#a536 Targeting frivolous filings- February 14, 2004 The Ohio State Medical Association is soliciting its members to submit examples of frivolous lawsuits against doctors, with the hope of using a few egregious test cases to seek redress from the litigants andor the attorneys filing the cases. It has already received 40 candidate cases, and expects more. The focus of OSMA's efforts appears to be "shotgun" filings, cases in which nearly every health care provider who had contact with a patient is sued, with the intent to winnow out the.http://radio.weblogs.com/0110436/2004/02/14.html#a535 New freedoms in Massachusetts- February 7, 2004 The opinion of the Massachusetts Supreme Court entitled OPINIONS OF THE JUSTICES TO THE SENATE , which has recently been in the news, is based solely on the Massachusetts Constitution, and thus should be impervious to any appeal to the U.S. Supreme Court. For reasons that I have mentioned earlier at this site, there is no constitutional basis for any amendment to the U.S. Constitution to overturn this decision. The folks in Massachusetts, in my opinion, should...http://radio.weblogs.com/0110436/2004/02/06.html#a534 A little more, and then quiet for a while- February 2, 2004 This will be my last comment on these issues for a few days. Among the discussions engaged in by Walter Olson, Peter Nordberg, David Bernstein and I over the last week about the legitimacy of the claims made in some of the cases John Edwards pursued as a North Carolina plaintiff&146;s trial lawyer &150; essentially, that errors made by delivering physicians led to intrapartum hypoxia causing cerebral palsy in the neonate &150; it seems that I have neglected to address one important..http://radio.weblogs.com/0110436/2004/02/01.html#a533 |