Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from July 2012, which [...]

By |November 23rd, 2014|Categories: Product Liability|0 Comments

Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think

Back in June, I wrote a short post on the fatal accident involving a Walmart truck plowing through traffic on the New Jersey Turnpike. It hit a charter bus carrying comedian Tracy Morgan and several [...]

By |October 2nd, 2014|Categories: Premises Liability|0 Comments

ACOG Improves Its Guidelines On Brain Injury At Birth (A Little)

For lawyers who represent birth malpractice victims, few phrases conjure up as much ire and frustration as “the ACOG report,” the shorthand for a 2003 document put out by the American College of Obstetricians and [...]

By |May 12th, 2014|Categories: Birth Injury, Medical Malpractice|0 Comments

The Fraternity Mindset: Why Be Responsible When You Can Dodge Responsibility?

Caitlin Flanagan’s “The Dark Power of Fraternities” at The Atlantic, an exposé of the “endemic, lurid, and sometimes tragic problems” that plague fraternities and how they avoid liability, is a fascinating and essential read. It’s [...]

By |March 4th, 2014|Categories: Premises Liability|0 Comments

A Doctor’s “Mistake” or “Error in Judgment” Can Still Be Malpractice

In most medical malpractice cases, the default defense is: “medicine is so complex and mysterious that there is no standard by which the doctor can be judged, and thus they cannot be liable.” The lawyers [...]

By |February 15th, 2014|Categories: Birth Injury, Medical Malpractice|0 Comments

The Reality of Pennsylvania Medical Malpractice

For years, I’ve written about the prevailing myths about medical malpractice law, from the falsehoods about defensive medicine to the extraordinary economic damage caused by malpractice itself. Contrary to what the insurance companies and hospital [...]

By |July 10th, 2013|Categories: Birth Injury, Medical Malpractice|0 Comments

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