All Topics

• Kentucky FELA Verdict

  John Inserra | September 15, 2006 7:23 PM | 0 CommentsOmaha, NE

  A jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage, reported in the Louisville, Kentucky Courier-Journal.The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company...

• Crashworthiness Rule issued by Federal Railroad Adminstration

  John Inserra | August 29, 2006 9:19 AM | 0 CommentsOmaha, NE

  The Federal Railroad Administraion issued its final rule on crashworthiness of a locomotive cab. The rule took effect on August 28, 2006. The purpose of the rule is to have locomotive cabs designed and manufactured to protect crew members from being injured or killed in a variety of crash scenarios.

• You Take Them as You Find Them

  John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE

  The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

• Ford Recalls Vehicles

  John Inserra | August 04, 2006 3:31 PM | 0 CommentsOmaha, NE

  The Ford Motor Company is recalling vehicles with cruise control systems that are prone to catching fire. The total number of vehicles recalled is 6.7 million, making it one of the largest auto recalls in American history. Vehicles included in the expanded recall are 1994 to 2002 models of the Ford F-250, F-350, F-450 and F-550 Super Duty pickup trucks; 2000 to 2002 models of the Excursion;...

• National Health Insurance - We Already Have it!

  John Inserra | August 02, 2006 9:15 AM | 0 CommentsOmaha, NE

  An article in medscape points out that we already have national health insurance: Could national health insurance fly in the United States? The truth is that we already have it. We call it Medicare, and it is not so different from publicly financed, privately delivered healthcare available elsewhere. Americans like Medicare. As for their doctors, hands-down they prefer Medicare to private...

• Old Tires

  John Inserra | July 10, 2006 3:48 PM | 0 CommentsOmaha, NE

  An interesting read in LawyersUSA concerning tires wearing out due to age. The article deals with a number of lawsuits that are being filed for what appears to be a failure of tire manufacturers and auto companies to warn people that the age of a tire alone, and not necessarily its wear and tear, may cause tread separation. It makes sense that if rubber does deteriorate with age, that we...

• Worker's Compensation and Bad Faith

  John Inserra | June 08, 2006 8:32 AM | 0 CommentsOmaha, NE

  The Supreme Court of Oklahoma allows a claimant to bring a bad faith claim against her employer's Worker's Compensation insurance carrier for failure to pay permanent partial disability benefits. The case is SIZEMORE v. CONTINENTAL CASUALTY COMPANY. The court found that a common law tort of bad faith exists for an insurance carrier's bad faith in refusing to pay a workers' compensation award.

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE

  The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....

• Memorial Day

  John Inserra | May 29, 2006 9:47 AM | 0 CommentsOmaha, NE

  Today is Memorial Day. There is no better way to support our troops than to honor those troops who have given up their life in the service of our country.

• Police Chase

  John Inserra | May 08, 2006 11:03 AM | 0 CommentsOmaha, NE

  The Nebraska Legislature some years ago found it appropriate to protect the innocent public from police chases that take place, anywhere within the state, by making the police strictly liable to an innocent person who is injured or damaged as a result of a police chase without regard to fault. A case handed down last Friday from the Nebraska Supreme Court further delineated the protection...