http://kitaylaw.com/blog Helping injured people and their families! Sat, 03 May 2008 06:40:22 +0000 http://backend.userland.com/rss092 en Judge strikes down cap on malpractice suit awards By STEVE VISSER The Atlanta Journal-Constitution Published on: 05/01/08 A Fulton County judge has struck down the cap on monetary awards in a medical malpractice case, a decision that if upheld on appeal could undercut a major component of Georgia's tort reform laws. Superior Court Judge ... http://kitaylaw.com/blog/archives/31 Defense experts using controversial 'malingering' test By Sylvia Hsieh Staff writer Published: April 7, 2008 A controversial test that is supposed to detect "malingering" is gaining popularity among defense experts in personal injury, workers' compensation and other cases. The "Fake Bad Scale" is being offered by medical experts as evidence that ... http://kitaylaw.com/blog/archives/30 Marine awarded $3.5 million in damages from military insurer By ALLISON HOFFMAN, Associated Press Writer Tuesday, April 8, 2008 A Marine captain who is on his third tour in Iraq was awarded $3.5 million in punitive damages Tuesday from a servicemembers' insurance company for water damage to his house. Capt. John Colombero already ... http://kitaylaw.com/blog/archives/29 How a get-tough policy lifted Allstate's profits By Paige St. John Published Sunday, April 6, 2008 at 4:30 a.m. For more than a decade, Allstate Insurance Co. kept a secret from its auto policyholders — a national strategy to force customers to accept reduced cash payouts or face years in court. For ... http://kitaylaw.com/blog/archives/28 From Randi Kaye CNN (CNN) -- A former Wal-Mart employee who suffered severe brain damage in a traffic accident won't have to pay back the company for the cost of her medical care, Wal-Mart told the family Tuesday. Debbie Shank, 52, has severe brain damage after a traffic ... http://kitaylaw.com/blog/archives/27 PERSONALITY CHECK Malingerer Test Roils Personal-Injury Law 'Fake Bad Scale' Bars Real Victims, Its Critics Contend By DAVID ARMSTRONG March 5, 2008; Page A1 A test designed to expose fakers is roiling the field of personal-injury law, distressing plaintiffs and strengthening the hand of employers and insurers. • The Focus: A test called the Fake Bad ... http://kitaylaw.com/blog/archives/26 Allstate suspended from writing new auto policies in Florida By BRENT KALLESTAD Associated Press Writer TALLAHASSEE, Fla. (AP) -- Florida Insurance Commissioner Kevin McCarty on Wednesday suspended Allstate companies from writing new automobile insurance policies in Florida for refusing to comply fully with a subpoena from the state. McCarty abruptly ended a scheduled two-day ... http://kitaylaw.com/blog/archives/25 Lacking lawyers, justice is denied Don Bartletti / Los Angeles Times Once an advocate of the California medical malpractice law, Dave Stewart, an anesthesiologist, now opposes it. His 72-year-old mother died after a double knee-replacement surgery last April, he and his sisters decided to sue. But no one would take the case, ... http://kitaylaw.com/blog/archives/24 CORPORATE CRIME REPORTER Gerry Spence: Americans Being Lied to About Lawsuit Crisis 19 Corporate Crime Reporter 12(1), March 16, 2005 Americans are being lied to about the civil justice system. That’s the message veteran trial attorney Gerry Spence brought to Washington, D.C. this week. Spence, who last year led a successful fight to defeat ... http://kitaylaw.com/blog/archives/23 Former lawyers, clients allege unethical activity By Greg Moran UNION-TRIBUNE STAFF WRITER November 25, 2007 With its highly visible, nonstop advertising, the four-year-old Pacific Law Center in La Jolla has made itself one of San Diego's best-known law firms. By the firm's estimate, it has represented 10,000 clients in drunken-driving and other criminal ... http://kitaylaw.com/blog/archives/22