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Personal Injury Law

P.I.S.S.D. -- Personal Injury, Social Security Disability

The title of this blog reflects Bob Kraft's attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people.
By Robert Kraft

Post Frequency: 5.9/day

Last Entry: May 06, 2009 at 17:44:22

Pre-emption Opponents Push Bill Regarding Medical Devices

Posted on March 18, 2009
Business Insurance reported, "Backers of a bill that would end federal pre-emption of state tort law regarding medical devices say they think the political winds have turned in their favor" and "they hope to overturn last year's U.S. Supreme Court decision in Donna S...

March of the Blogs - Reid My Blog!

Posted on March 18, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

Few Librarians Complying With CPSC Lead Recommendations

Posted on March 18, 2009
The AP reports that the Consumer Product Safety Commission is "urging the nation's libraries to take children's books printed before 1986 off their shelves while the federal agency investigates whether the ink contains unsafe levels of lead. Few, if any, libraries are complying, and many librarians are ridiculing the recommendation as alarmist...

Manufacturers Sign Proposal to Ban Drop-Side Cribs

Posted on March 18, 2009
The Chicago Tribune reports, "Major manufacturers on Tuesday signed off on a proposal that would ban drop-side cribs in the United States in the wake of repeated recalls, entrapments and deaths, the Tribune has learned." Drop-side "cribs allow parents to raise and lower one side for easy access...

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Jurors Gaining Greater Access to Information Using Cell Phones

Posted on March 18, 2009
In a front-page story, the New York Times reports, "The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges." Under "the legal system's complex rules of evidence," jurors "are required to reach a verdict based on only the facts the judge has decided are admissible...

Seroquel Study Exposed, Drug Risks Kept Secret

Posted on March 18, 2009
In an story that appears on its front page, the Washington Post reports, "The study would come to be called 'cursed,' but it started out just as Study 15" which "was a long-term trial of the antipsychotic drug Seroquel." Recently exposed "documents show" that "Study 15 suffered the same fate as many industry-sponsored trials that yield data drugmakers don't like: It got buried" and "it took eight years before a taxpayer-funded study rediscovered what Study 15 had found -- and raised serious concerns about an entire new class of expensive drugs...

Texas Workers' Compensation Issue Left Unresolved

Posted on March 17, 2009
Statesman.com has an article about the efforts of the Texas Legislature to undo damage done by the Texas Supreme Court in a recent, flawed decision regarding lawsuit protection for work-site owners. The Court twisted logic to take laws intended to protect general contractors and used them to protect property owners from negligence suits...

Pre-emption Opponents Push Bill Regarding Medical Devices

Posted on March 17, 2009
Business Insurance reported, "Backers of a bill that would end federal pre-emption of state tort law regarding medical devices say they think the political winds have turned in their favor" and "they hope to overturn last year's U.S. Supreme Court decision in Donna S...

Federal Judge Says Process for Picking Judges is Totally Broken

Posted on March 17, 2009
The AP reports that U.S. District Judge Royce C. Lamberth "the chief judge of the U.S. District Court in Washington on Monday said senators are 'injuring the federal judiciary' by holding up nominations and making a political issue out of the clients represented by lawyers up for federal positions...

March of the Blogs - Real Lawyers Have Blogs

Posted on March 17, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

Little-Known Government Program Pays the Cost of Elder Care

Posted on March 17, 2009
WHAT IF 33% OF ALL SENIORS IN THIS COUNTRY could receive up to $1,949 a month in additional income from the government to help cover their elder care costs? THEY CAN! Under the right circumstances, a little-known federal program will pay additional income to cover long term care costs for at least 1/3 of all US senior households -- that's how many war veterans or their surviving spouses there are in this country...

Equal Employment Opportunity Commission Sees Rise in Workplace Discrimination Cases

Posted on March 17, 2009
The Washington Times reports, "The U.S. Equal Employment Opportunity Commission this week said workplace discrimination charge filings in 2008 had spiked by 15 percent over the previous year with an 'unprecedented' 13,000 more cases reported." The acting chairman, Stuart Ishimaru said, "The EEOC has not seen an increase of this magnitude in charges filed for many years" and "while we do not know if it signifies a trend, it is clear that employment discrimination remains a persistent problem...

Featured Link - Texas Local Court Rules

Posted on March 16, 2009
Texas Local Rules is a great site that links out to local court rules of many Texas counties. For lawyers who practice trial work in multiple counties, this is an excellent resource. This is the description from the site: In addition to the Texas Rules of Civil Procedure, civil and criminal Texas courts (county, state, federal, appellate) have local rules to which evidence, litigants and witnesses must adhere...

March of the Blogs - iPhone J.D.

Posted on March 16, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

Medtronic Says Number of Deaths Possibly Due to Faulty Leads Now 13

Posted on March 16, 2009
The Wall Street Journal (3/14, B5, Burton) reported that "Medtronic Inc. said the number of deaths in which its fractured defibrillator wires may have been a 'possible or likely contributing factor' has risen to 13." The new number "is the company's first update of its death estimate since the Sprint Fidelis, then the No...

277,000 GM Vehicles Recalled Due to Shift Lever Defect

Posted on March 15, 2009
The Associated Press reports that General Motors has recalled about 277,000 vehicles because of a potential defect in the shift lever that could cause a vehicle to roll away. GM said the recall involves 2009 model year versions of the Buick Enclave; Chevrolet Cobalt, HHR, Malibu and Traverse; GMC Acadia; Pontiac G5 and G6; and the Saturn Aura and Outlook...

March of the Blogs - the [non]billable hour

Posted on March 15, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

March of the Blogs - Dennis Kennedy

Posted on March 14, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

Texas: Why Not Elect Judges on Merit, Not Whim?

Posted on March 13, 2009
The Chief Justice of the Supreme Court of Texas has an interesting and well-written op-ed piece in today's Dallas Morning News. The gist of the article is that Texas should move from partisan judicial elections to gubernatorial appointments, with retention elections every few years...

Consumer-Friendly Language in National Highway Traffic Safety Regulation

Posted on March 13, 2009
Lawyers USA reported that the American Association for Justice "praised language in a new regulation published by the National Highway Traffic Safety Administration that departs from the stance on federal preemption of state law asserted under the Bush administration...

Fifth Circuit Appeals Court Overturns Homeowner Insurance Ruling Against State Farm

Posted on March 13, 2009
The New Orleans Times-Picayune (3/13, Mowbray) reports, "A Port Sulfur couple whose home vanished in Hurricane Katrina won't be able to collect penalties, bad faith and attorneys fees from State Farm Fire & Casualty Co. after the 5th Circuit Court of Appeal overturned the finding that the state's largest insurer acted in bad faith in handling their claim...

Massachusetts Bans Drug Company Gifts to Physicians

Posted on March 13, 2009
In the Wall Street Journal (3/12) Health Blog, Jacob Goldstein wrote, "Massachusetts has adopted a strict set of rules that bans most gifts" from drug companies to physicians "and requires companies to report some payments." Under the rules, companies are required to report "payments of more than $50 for certain consulting and speaking gigs...

Legal Malpractice Suits May Rise in Economic Downturn

Posted on March 13, 2009
The Texas Lawyer reports, "Economic downturns often increase the risk that lawyers will face unhappy clients complaining of legal malpractice. While some lawyers may think they have nothing to fear since their practices do not involve areas of law many blame for the economic collapse, such a belief is unfounded" because "some legal malpractice risks are not tied to any one specialized practice area but simply become more common when the economy goes bad...

Friday Fun

Posted on March 13, 2009
449 useless facts.

March of the Blogs - New York Bankruptcy Litigation

Posted on March 13, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

March of the Blogs - Social Security News

Posted on March 12, 2009
For the month of March, I am going to highlight blogs that I think are interesting and useful. Some may not be directly related to personal injury or Social Security disability law, but all of us who represent injured and disabled people occasionally need help in other areas...

American Airlines Sued Over Lifetime Pass

Posted on March 12, 2009
The AP reported that Steve Rothsetin, "a man who paid about $400,000 to fly first-class anywhere in the world with a companion for the rest of his life is suing American Airlines for revoking that right." He "paid nearly $250,000 in 1987 for the lifetime pass, and an additional $150,000 two years later to take a companion along with him during his flights...

Reform of FDA Food Safety Oversight Attracts Broad Bipartisan Support

Posted on March 12, 2009
The New York Times (3/12, A20, Harris) reports, "A parade of Democratic and Republican lawmakers promised at a House hearing on Wednesday that they would work to pass a broad array of changes in the nation's food safety system, although they disagreed on crucial details...

Judge Allows Twitter in Court

Posted on March 12, 2009
The AP (3/11, Hegeman) reported, "In a victory for news technology in federal courts, a judge is allowing a reporter to use the microblogging service Twitter to provide constant updates from a racketeering gang trial this week." The practice of allowing "online streaming" in courtrooms is not unheard of it is "rare in the federal system, especially in criminal cases...

Baby Toys Recalled Due to Choking Hazard

Posted on March 12, 2009
The South Florida Sun-Sentinel (3/12, Lade) reports, "About 184,000 baby toys sold at major retailers -- including Target, Wal-Mart and Babies 'R' Us -- are being voluntarily recalled because they pose a choking hazard to children, the Consumer Product Safety Commission said...

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