Archives for the ‘Civil Litigation’ Category

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 [...]

Are you a tech savvy lawyer?  In order to answer “yes” you have to check out this site that directs you to the departments that will accept service of process for many websites.  I recently wrote about this at www.jonpgroth.com.
For example, how would you know that Facebook has an email just for subpoenas (subpoena@facebook.com)?  [...]

I’m following up on a post from my personal blog from last week.  I wrote about the UW Law School’s publication entitled, Civil Justice in Wisconsin, a Fact Book.   Other bloggers have also commented on the the Fact Book.
I wanted to direct everyone to a few interesting things in this Fact Book.   Page 31 asks “Is [...]

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 Wisconsin Lawyer Magazine has a quick read entitled Politics in Civil Jury Selection.  Very interesting.
This is one of the more important parts of my job.  Who should I keep on a jury?  What questions do I ask in order to figure out who would make a good juror for a particular set of facts. Who will [...]

In many litigation cases, the question is not, “was there a breach”, but rather “what are my damages.” As smart business people, the decision must always be what is my likelihood of success combined with my likely award. Unfortunately, there are many times when one party is as right as rain, but if the damages [...]

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 [...]