The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the statutory limitations period. Seen in this light, the "continuing tort doctrine" is not a separate...
As reported in Reuter's Health Information, Medical Malpractice cases are usually won by the defendant. When there is any doubt after hearing all the evidence and expert opinions, juries usually return a verdict in favor of the physician, study author Philip G. Peters, from the University of Missouri-Columbia's School of Law, said in a statement.Peters reached this conclusion after conducting an...
One doctor's opinion!America's health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private health insurance to get healthcare.Private health insurance is like a sponge: It sucks up dollars but...
There have been more pet food recalls. Anyone owning a pet needs to keep following this story as we are seeing more and more recalls. There is at least one class action lawsuit in Chicago which alleges fraud by the pet food provider. The purpose of the fraud allegation is to try and gain punitive damages since most pets, certainly in Nebraska, are treated as personal property, which limits...
Our office received an email from Thomas J. Methvin, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. of Montgomery, AL concerning potential defective tires and seatbelts. See the email below: We have been litigating in two areas lately that may be of interest to you; seat belt failures in heavy trucks and RV tire defects. Between 2002 and 2004, seatbelt manufacturer Indiana Mills and...
Children's "Groovy Grabber" Bracelets have been recalled by the U.S. Consumer Product Safety Commission and A&A Global Industries, of Cockeysville, Md. The hazard is paint on the metallic band beneath the decorative cover contains high levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects. These bracelets are sold in vending machines located in malls,...
The number of pets affected by the pet food recall is growing. Aminopterin has been banned in the U.S. for a half century, once used in chemotherapy. Its side effects are so severe that it was outlawed. In China, though, it's used as a rat poison. The theory is that wheat gluten exported from china for use in soft pet food was exposed to the poison and wound up in cans of wet dog and cat...
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