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Safety, Accountability Best Medicine by Atty. David I. Fallk
A native of northeastern Pennsylvania, Atty. David I. Fallk, has been a
practicing trial lawyer since 1975. Atty. Fallk holds a B.S. in Economics from
the University of Pennsylvania and a J.D. from Temple University. He currently
serves as the President of the Committee for Justice for All, an organization
dedicated to preserving the integrity of the civil justice system and the
Constitutional right to trial by jury. He also sits on the Board of Governors of
the Pennsylvania Association for Justice. Atty. Fallk is very active in the
local community, serving President of Temple Israel of Scranton and as Community
Relations Chair of the Jewish Federation of Northeastern Pennsylvania.
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Dangerous Cribs Are The Culprit in Infant Deaths
The suffocation deaths of three infants prompted the CPSC to announce the recall of nearly one million cribs, the second largest recall of its type in the nation’s history.
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The Mexican Connection
Just when it seemed as if the Mexican trucking program was dead and buried, a third Mexican-based trucking company, Transportes Padilla, has rolled on to American highways.
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Chinese Toy Terrors
In the wake of major recalls of Chinese-made toys, two U.S. Senators are calling
for action to prevent dangerous toys from ever reaching our children.
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Hospital Negligence
Practicing her constitutional right to a jury trial, Rhoda Sussman sued the
hospital where her husband died following a routine knee surgery. "He died
because of their mistake," Sussman said of the hospital. "It's very hard for me.
There's an empty spot, like there's something missing from my life," she told
the Florida South Sun-Sentinel.
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Popcorn Lung?
As children, we are warned not to eat too much popcorn, mainly to prevent
spoiled appetites or tummy aches, but now, there may be a more serious reason to
ease up on this fluffy, little snack. Recently, a Colorado man was diagnosed
with a rare lung condition commonly referred to as “popcorn workers’ lung.”
That’s because up until now, only people working directly with synthetic butter
have been affected.
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Tort Reformer, Robert Bork, Sues for
$1 Million
Former Supreme Court nominee and staunch tort reform advocate, Robert Bork,
filed a $1 million lawsuit for injuries he received last year at the Yale Club
of New York.
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You’re ready to be a business
tort lawyer
Think handling business torts will be dry and boring? Fighting for the rights of
small-business owners has its share of excitement - and it lets you flex your
hard-won trial skills for a worthy cause.
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Cross-Examining Defense Experts
Excerpt: "Cross-examination in a tractor-trailer case is not unlike your cross-examination in many of the cases you have been trying so far. Cross is like the trial within the trial. Perception often becomes reality."
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ADHD Drugs
Excerpt: "The goal of the government’s "War on Drugs" is to discourage and prevent children and youth from experimenting with dangerous and addictive drugs, such as amphetamines and other stimulants. However, today more children are taking stimulant drugs than ever – because they are being prescribed by their doctors, and the "pushers" are the drug companies."
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Boat Accidents
Excerpt: "Fishing trips, diving expeditions, water skiing, a weeklong cruise on a luxury ship – boats are supposed to fun, recreational vehicles for you and your family to enjoy. However, thousands of people are injured or killed in boating accidents each year."
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Bus Accidents
Excerpt: "People all across the U.S. ride buses every day as their primary form of transportation. As cities across the nation grow, congestion rises on our highways and roadways. As a result, more and more individuals choose to use public transportation each year. With more of the public using buses, the number of injuries and even death increases."
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Article: Common Law -- A Foreign Import?
- Written by:
Robert W. Munley
Excerpt: "All of us are actually aware
that before 1775 and the First Continental Congress, there was a system of
justice built upon law existing in the Colonies. If asked “What was that law?”
our immediate reaction would be the “Common law.” And so it was.
But here we are 200 years later and it seems to me that we
suffer from a great lack of understanding of our legal antecedents."
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Constitution Day Thoughts
Excerpt: "Since its signing on September 17, 1787, the American people properly
have shown great reverence for the Constitution, although often confusing its
principles with the Declaration of Independence. While there is a difference,
the connection is strong. John Quincy Adams explained, 'The work of the American
Revolution ...remained unfulfilled until the Constitution was ratified.' "
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Article: Ethical Issues in
Transitioning to a Business Torts Practice -
Written by: Matthew A. Cartwright
Excerpt: "When you have a client in your office
with a business torts case, your client is a very lucky person. You have been
doing garden variety personal injury tort trials for years. You have tried
dozens and dozens of jury trials. You have got to the point in your career where
when trial dates are approaching you no longer feel like you are trapped in a
canoe on the Niagara River, nearing the falls. You enjoy your time in the
courtroom. You like juries. The courtroom is your
home."
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Article: Getting Your
Business Torts Case out of Bankruptcy Court: Abstention
Written by: Matthew A. Cartwright
Excerpt: "You have agreed to represent a small
business that is evidently the victim of a tort. The tortfeasor could be any
number of entities: your client’s bank, your client’s auditors, its competitors,
its vendors, even its customers."
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Mobic
Excerpt: "Mobic, generic name meloxicam, is a drug used to treat arthritis. It reduces pain, swelling, and stiffness of the joints. Meloxicam is known as a nonsteroidal anti-inflammatory drug (NSAID). Mobic, made by privately-held Boehringer Ingelheim Pharmaceuticals, has been found to increase the risk of heart attacks in patients.
Data from an FDA study shows that Mobic causes an even greater statistical risk of heart attacks than Vioxx and similar medications. The FDA analyzed data from California's Medicaid program, which covered more than 15,000 heart attack patients, and found that the
'statistical risk of heart attack was 1.37 percent for Mobic, compared to 1.32 percent with Vioxx and 1.09 percent with Celebrex.' "
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Article: Punitive
Damages Cases: Requesting Financial Statements
- Written by: Matthew A.
Cartwright
Excerpt: "I would like to encourage all ATLA
members to head to Toronto for the 2005 Annual Convention. The law is currently
in an unprecedented state of flux, both in federal and state court. Political
solutions, no matter how well intended, are being applied to long established
legal remedies, and the result is to make cases unpredictable to determine
liability and damages."
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Article: Sexual Harassment /
Employment Discrimination
- Written by:
Marion Munley
Excerpt: "What Is Sexual Harassment? Sexual harassment in the workplace may
occur in many forms—physical, verbal, or nonverbal.... Why Does Sexual
Harassment Occur? There are several underlying bases for sexual harassment, one
or more of which may be involved in any given situation... Title VII Of The
Civil Rights Act Of 1964: The policy behind Title VII is to achieve equality of
employment opportunities and remedy discrimination in the workplace."
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Article: Spoliation
of Business Records: Compliance-With-Policy -
Written by: Matthew A.
Cartwright
Excerpt: "At the ATLA Annual Convention in Boston
this summer, we were honored with a visit by an Associate Justice of the United
States Supreme Court, the Honorable Stephen G. Breyer. Justice Breyer came to
attend a gathering of hundreds of our members who volunteered their
efforts and delivered pro bono advocacy for claimants before the September 11
Victims’ Compensation Fund under the auspices of Trial Lawyers Care. It was
gratifying to hear Justice Breyer paying tribute to our members while invoking
the words of the great Roman lawyer and
Senator, Pliny the Younger, on the importance of public service."
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Article:
Subsequent Remedial Measure in Strict Product Liability
- Written by: Matthew A. Cartwright
Excerpt: "One
rule of evidence well known to the trial bar is the general inadmissibility of
post-accident remedial measures if offered for the purpose of proving antecedent
negligence. An issue about which much ink has been spilled is whether and to
what extent this negligence rule shouuch ink has been spilled is whether and to
what extent this negligence rule should be applied in cases of strict product
liability.
This article will attempt to come to grips with the reasons for having a rule
preventing juries from knowing about a defendant’s post-accident remedial
measures."
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Article: 'Tort Reform' Sounds
Good, Smells Bad -
Written by:
Robert W. Munley
Excerpt: "The term "tort reform" is a
euphonious lie. It is a focus group-tested phrase developed
by right-wing think tanks to persuade Americans into
sacrificing one of their most sacred constitutional rights -
the right to a jury trial.
"Tort reform" is meant sates people for injuries caused by someone else’s
wrongdoing... "Tort reform" is a vicious,
full frontal assault by big business on the rights of
injured people."
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Train Accidents
Excerpt: "Millions of people ride trains every day in the United States. However, when trains aren't maintained, or when reckless drivers try to beat a train across the tracks, a serious accident may occur.
According to the Federal Highway Administration, there is a train accident every 2 hours in the U.S. In 1999 alone, there were more than 2,700 train accidents. Also, train accidents tend to be more dangerous, especially when you consider the weight and high speeds trains can reach."
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Van Rollovers
Excerpt: "A 15-passenger van is considered one of the most dangerous vehicles on the road, because it is three times more likely to roll over in single vehicle crashes when there are 10 or more occupants inside the van."
Related Information:
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Contact Us
At Munley,
Munley & Cartwright, our goal is to provide exceptional legal services to our
clients. We strive to achieve the highest standard of excellence for the
protection of individual rights through team work and the use of our
considerable resources and experience. For a free consultation regarding
your legal concerns, please submit the below, or call us at:
1-800-318-LAW1
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