Military Members Can Now Sue for Medical Malpractice
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
I wrote about the Feres Doctrine 18 months ago — that being the Supreme Court decision holding that military members couldn’t sue for medical malpractice, even if it occurred in non-combat situations. I won’t repeat it all. Go read the link. The short version is this: Did your stateside barracks burn down? Sorry Charlie. Or in this case, sorry Rudolph Feres. … The post Military Members Can Now Sue for Medical Malpractice appeared first on New York Personal Injury Law Blog ..read more
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So Was the Statute of Limitations Tolled or Suspended?
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
When the pandemic struck, people stayed home. And when they stayed home, many couldn’t work. And if they could work, it wasn’t the same. To say that had an impact on the justice system would be an understatement. Every conceivable time limit set forth in the law was now a problem. Such as many statutes of limitations. Civl law, criminal … The post So Was the Statute of Limitations Tolled or Suspended? appeared first on New York Personal Injury Law Blog ..read more
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Stupid Lawyer Tricks – Insurrection Edition
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
Ashli Babbitt was shot dead on January 6th while crashing through the Capitol in an attempt to stop electoral votes from being counted. Now her Estate wants to sue the Capitol Police and the (as yet unnamed) officer for wrongful death. This is, perhaps, one of the dumber ideas I have heard. Sue the very people charged with defending the … The post Stupid Lawyer Tricks – Insurrection Edition appeared first on New York Personal Injury Law Blog ..read more
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Stupid Lawyer Tricks – Rape edition
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
When folks read about frivolous or silly legal claims, they invariably ask: What did that person sue for this time? They never seem to ask, what kind of idiotic defense was raised? Because idiotic defenses don’t make the papers. Until they do. This week the NY Post blared an ugly headline about my hometown high school: New Rochelle High School … The post Stupid Lawyer Tricks – Rape edition appeared first on New York Personal Injury Law Blog ..read more
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Rochester Slammed by Judge for Demanding In-Person Hearings
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
The City of Rochester was slammed yesterday by a New York Supreme Court justice for demanding in-person hearings in police brutality cases. And the order was so wide-sweeping that it extended well beyond the police cases at issue to all matters that the City’s Law Department was defending. The issue arose out of summer protests surrounding the death of George … The post Rochester Slammed by Judge for Demanding In-Person Hearings appeared first on New York Personal Injury Law Blog ..read more
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A Year of COVID – And 3 Litigation Changes
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
It’s been a year since I last set foot in a real courthouse. I appeared for jury selection in a Bronx nursing malpractice case in mid-February. Some money was on the table, but I was pushing for better. But the news. In the news was the virus. It wasn’t here yet. As far as we knew. But it was coming. … The post A Year of COVID – And 3 Litigation Changes appeared first on New York Personal Injury Law Blog ..read more
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Freedom’s Just Another Word to …?
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
Down in D.C. at the inaguration, poet Amanda Gorman rocketed to fame with her poem at the close. And deservedly so. There is poetry, someplace, within all of us. Some just let it out better than others. Much, much better. Even lawyers. At least those who don’t get stuck in the dreadful legalese that so many are taught. Back today … The post Freedom’s Just Another Word to …? appeared first on New York Personal Injury Law Blog ..read more
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The Constitutional Crisis That Wasn’t
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
Over the four years of the chaotic Trump presidency we have seen the words “constitutional crises” bandied about quite often. But never here. Though personal injury law is the primary focus of this blog — hence the blog name — you have seen me delve into politics every so often, though I try hard to make it relevant to my … The post The Constitutional Crisis That Wasn’t appeared first on New York Personal Injury Law Blog ..read more
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Trump Dumped by Social Media – No Problem
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
It took a number of years, but Twitter finally dumped Donald Trump from its platform. So too for Facebook. Too much hate. Too much violence. The insurrection at the Capitol was the final straw. There have been many commentators saying that this is a problem. My opinion, dumping Trump and any others that spew hatred and foment violence is most … The post Trump Dumped by Social Media – No Problem appeared first on New York Personal Injury Law Blog ..read more
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Trump’s Frivolous Lawsuits Were a Good Thing
New York Personal Injury Law Blog
by Eric Turkewitz
3y ago
Some thoughts on yesterday’s attempted insurrection at the Capitol, where people tried to stop the process of peacefully transferring power after a lawful election: Over the course of the last two months, there have been dozens of lawsuits by Trump and Trump supporters trying, in one fashion or another, to reverse the course of the election. From the outset, many … The post Trump’s Frivolous Lawsuits Were a Good Thing appeared first on New York Personal Injury Law Blog ..read more
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