Some states, including Colorado, require that claims for personal injury (including injuries caused by medical malpractice) settled on behalf of a minor be approved by the Court if they exceed a threshold amount. Additionally, sometimes the court will require a responsible adult to be appointed as a “conservator” to watch over and protect the child’s settlement […]
The recent Colorado Court of Appeals decision in Former TCHR, LLC v. First Hand Management LLC, et. al., 2012 COA 129, provides further clarity on this critical rule of Colorado business law and confirms the stark distinction between tort and contract. In TCHR, one party claimed the Economic Loss Rule should not apply where they […]
A Michigan family will receive $975,000 as a settlement in a medical negligence lawsuit filed against the federal government for the death of a former prison inmate. Mary Bell sued the government after her 39-year-old son died from cancer in December 2010, a year after he was released from prison. Timothy Bell had been serving […]
The New York Times had a heart wrenching portrayal yesterday of Mitch White, a former NFL lineman who suffered a severe concussion as a result of one hard, but not out of the ordinary, hit that he experienced in training camp. Apparently, as is common with concussions, his coaches and doctors, and even White himself, […]
A Des Moines, Iowa, physician is currently under investigation for allegedly over-prescribing opiates to eight patients, which may have contributed to their deaths. According to the New York Daily News, Dr. Daniel Baldi pleaded not guilty on September 5 to involuntary manslaughter. According to the lawsuit, one of the patients involved was Paul Gray, founder […]
The Perils of the Marketplace: Beware the Impact of the Economic Loss Rule When Entering Into Contracts With Others Before entering into a contract under Colorado law or attempting to enforce your rights when a contract is breached, it is important to know and understand Colorado’s version of the Economic Loss Rule. The Economic Loss […]
On Monday, August 13, 2012, the United States District Court for the Western District of Kentucky preliminarily approved a $40 million class action settlement between Skechers and consumers who purchased Skechers toning shoes. The litigation alleges that Skechers’ ads made unfounded claims that the shoes helped people lose weight and tone muscles. The settlement seeks […]
Last summer an Alamogordo, New Mexico, hospital, Gerald Champion Regional Medical Center, was forced to file bankruptcy because of 80 medical malpractice claims it had against it and two of its physicians. The doctor at the center of the controversy is Dr. Christian Schlicht, an anesthesiologist and pain management specialist who allegedly lied about his […]
We hear a lot about being a “fiduciary” and “fiduciary duties,” but people often wonder exactly what that means. My practice consistently involves lawsuits over breach of fiduciary duty, and I see it every day in a number of ways. So let’s take a couple of minutes to discuss what it means to be a […]
The inclusion of an Alternative Dispute Resolution (“ADR”) clause in a contract should never be taken lightly. While the form of ADR required by a contract may range from mediation to binding arbitration, agreeing to any form of mandatory ADR is a surrender of your right to have disputes about the contract heard by a […]
