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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse
December 11 - Newsblog #45
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 11 - Newsblog #46
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 18 - Newsblog #47
In the News: Parents of Bus Accident Victim Awarded $20 Million
January 8 - Newsblog #48
In the News: Parents Sue After Daughter’s Brain Damaged in Surgery
January 10 - Newsblog #49
In the News: Trucking Accidents Due to Careless Driving Increase
January 29 - Newsblog #50
In the News: Trucking Accidents Due to Careless Driving Increase
February 19 - Newsblog #51
Indiana Authorities Buy More Time to Prosecute Child Abusers
February 26 - Newsblog #52
In the News: Teen Brain-injured at Birth Awarded $15.1 Million
March 4 - Newsblog #53
In the News: Did Connecticut School Officials Turn a Deaf Ear to Sexual or Physical Abuse?
March 18 - Newsblog #54
In the News: Facility Held to Blame for Medical Treatment Delivered in a Careless and Negligent Manner
April 1 - Newsblog #55
In the News: Emergency Measures Instituted in Indiana’s Judicial System
April 8 - Newsblog #56
In the News: Medical Malpractice Limits Challenged in California
April 15 - Newsblog #57
In the News: Indiana Supreme Court Issues Five Orders for Legal Proceedings
May 6 - Newsblog #58
In the News: Nursing Homes with Covid-19 Cases Have Been Violating Federal Infection Control Rules for Years
May 13 - Newsblog #59
In the News: Physician Not Negligent in Choosing One Treatment over Another
May 20 - Newsblog #60
In the News: Nursing Homes with Covid-19 Cases Have Been Violating Federal Infection Control Rules for Years
June 17 - Newsblog #61
In the News: Ruling Reverse on Police Shooting – New News, Old Story?
July 8 - Newsblog #62
In the News: What is This Thing Called Qualified Immunity?
July 15 - Newsblog #63
In the News: Sooner or Later for Virus-delayed Jury Trials
July 29 - Newsblog #64
In the News: Truck Driver Sentenced, Another Charged in Fatal Crashes
August 5 - Newsblog #65
In the News: Double-booked Doctors Cause Personal Injury to Patients
August 12 - Newsblog #66
In the News: Double-booked Doctors Cause Personal Injury to Patients
August 26 - Newsblog #67
In the News: $4.9m Auto Accident Settlement Teaches Many Lessons
September 2 - Newsblog #68
In the News: Negligence Unmasked at Pennsyvania Trial
September 9 - Newsblog #69
In the News: Double-booked Doctors Cause Personal Injury to Patients
October 7 - Newsblog #70
In the News: Heart Rhythm Drug Poisoned Patient’s Lungs
October 14 - Newsblog #71
In the News: Prisoner Vs. Prison – a Tale of Two Medical Negligence Lawsuits
November 4 - Newsblog #72
In the News: Richard Hailey Serves As Co-counsel in Tragic Medical Malpractice Case
November 18 - Newsblog #73
In the News: Two-year-old Shoots Mom in Tragic Reminder of the Need for Safe Storage of Guns

Litigation Newsletter

Advantages and Disadvantages of a Class Action Lawsuit

A “class action” is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case is certified, the lawsuit may proceed to resolve issues common to all class members. In general, notice of the lawsuit is mailed to all potential class members and, unless they “opt out,” all who fit within the class definition are automatically part of the lawsuit.

Situations where class action treatment is typical and may be appropriate include:

  • A mass accident – usually a single event such as an airplane crash
  • Widespread personal injuries from defective products – e.g., tires or pharmaceuticals
  • Where action or refusal to comply with laws affects a group of people – e.g., racial discrimination / civil rights action

Requirements for Class Actions

Generally, in federal or state court, a single plaintiff may sue on behalf of a class if all of the following are met:

  1. A definable class exists, that can be certified
  2. The plaintiffs are members of this class
  3. The class is so numerous that trying each case individually would be impractical
  4. The class members’ claims have common issues of law and fact
  5. The representative plaintiff’s claims and defenses are typical of the class
  6. The representative plaintiff will ensure fair and adequate representation of the interests of the members of the class

Advantages of Class Action Litigation

  • A class action may provide the only means of judicial relief for individuals, especially for small claims involving complex issues that would be expensive to litigate
  • The benefits from a strengthened negotiating position
  • Generally there is no payment or risk of legal fees – if the class wins, the lawyer gets a contingency fee; if the class loses, the lawyer generally gets nothing
  • There is a tolling or suspension of the limitation periods during the lawsuit for asserted class members who have not opted out to file an individual lawsuit
  • It may serve to consolidate numerous court actions into one, thereby relieving the burden on courts and avoiding inconsistent judgments
  • Litigation costs can be lowered by aggregating small claims
  • It can attract superior legal talent to represent the representative plaintiff

Disadvantages of Class Action Litigation

  • Resolution of class actions generally take much longer than conventional lawsuits due to their procedural complexities
  • They must be resolved in a common manner such that differences between individual cases are typically not emphasized
  • Individuals who participate typically give up their right to file suit individually
  • Class members generally play a lesser role in directing the litigation
  • Even if successful, participating members of the class may only be compensated with a minimal recovery
  • Families & Lawsuit Immunity
    Over the years, intra-family immunity from lawsuits against other family members developed; “parental immunity” and “spousal immunity.” Some have suggested that these immunities were part of a body of rules that... Read more.
  • Cashing Out a Structured Settlement
    Many people enter into a “structured settlement” as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers’ compensation. A “structured settlement” takes a lump-sum... Read more.
  • Some States Allow Loss of Consortium Damages for Injured Children
    Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium... Read more.
  • Supreme Court Curbs Punitive Damage Awards
    An injured party who has successfully proven that the injury and damages were caused by the defendant may be entitled to an award of “punitive damages” in addition to actual damages. Punitive damages are designed to punish... Read more.
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