I blogged last week about a Writ of Mandamus directed towards the State Medical Examining Board. Just this week, Milwaukee County Judge Thomas Cooper signed an Order to Show Cause, which requires Defendant Kelly Sankbiel to appear in court and provide testimony as to why the Medical Board should not provide the petitioner with a [...]
As the Milwaukee Journal Sentinel first reported, a very unusual writ of mandamus has been filed against the Department of Licensing and Regulation involving Dr. Cully White of Milwaukee. A writ of mandamus (latin for “we command”) is used in situations where the government has a clear duty to act but has not. While unusual [...]
Dart gun sets sold at Family Dollar from September 2005 to January 2009 cost two children their lives. Now the dart gun sets might end up costing Family Dollar and the manufacturer substantial amounts of money in products liability actions.
The CPSC (Consumer Product Safety Commission) recently recalled the dart guns to prevent further sale of the item and further [...]
Back in January, I posted my surprise that MTD snowthrowers were still exploding and causing serious personal injuries to consumers nearly 4 years after the product was recalled by the CPSC. I was not surprised that the product was still exploding, I was surprised that the product was still being used by consumers despite several [...]
This Consumer Protection Safety Commission recall of MTD snow blowers is certainly not recent information. Beginning in 2005-2006, MTD snow blower tires have allegedly blown up at, or immediately after, inflation, often causing serious injuries to the face, hands, fingers and arms. The general allegation against MTD is that their plastic product is defective in nature as [...]
A recent Milwaukee Business Journal article did a fantastic job of shedding light on a very statistic laden discussion of Medical Malpractice trends in the State of Wisconsin. Since 2002, medical malpractice claims in Wisconsin are down about 40%. The article cites to many reasons for the decline, such as: the cost of litigation, jury [...]
Senate bill 437 is a new piece of legislation being introduced by Senator Arlin Spector (R-Pa.) and back by numerous Republicans and Democrats alike. If passed, the Bill would dramatically effect how plaintiffs firm operate, namely how tax write-offs are handled within Firms that operate on contingent fee agreements (e.g. personal injury, employment, civil rights, [...]
Yesterday, the Wisconsin Supreme Court ruled that injured Wisconsin residents cannot sue the makers of defective medical devices that are previously approved by the Food and Drug Administration. (cite is 2009 WI 19) This decision, which follows U.S. Supreme Court precedent in Reigel v. Medtronic, Inc., 128 S. Ct. 999 (2008), holds that state law [...]
At first blush, the 6 workers injured at the We Energies Oak Creek facility would be limited to Workers Compensation to collect for their injuries. However, often times workplace injuries are the result of negligence by so-called third parties, meaning not the injured or the employer, but by a 3rd party responsible for the injuries.
The [...]
The Illinois Department of Transportation recently released 2008 statistics reflecting a 16% drop in car accident fatalities in 2008. Amongst the reasons suggested is increase use of seat belts, less driving, and new laws that make it difficult for teens to obtain drivers licenses. The research also alludes to laws that eliminate driving distractions, i.e. laws that prohibit cell phone [...]
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