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Reel Tort Reform, Judges We’ll Miss (Souter), and Avoid (Lopez)

Posted by Andrew J. Barovick | May 02, 2009 | 0 Comments

It's been an exciting week in the world of torts, and the law in general.  What follows is a wrap up of some of the more pertinent developments.

  • Tort “reformers” take aim at captive audiences in movie theaters .
  • DC MedMalBlog  reports that the idea of physicians “fleeing” from the threat of medical liability is no more than a myth in their neck of the woods: Washington, DC, Maryland and Virginia.
  • Justice Souter's replacement is likely to be not only liberal, but Latina .   See the Gothamist's take on Bronx-born legal powerhouse and current jurist, Sonia Sotomayor, with whom I had the pleasure to work in the old days when I was a summer associate. (I'm the only one who aged.) 
  • Ashby Jones, at the WSJ  Law Blog , interviews Mayer Brown's Evan Tager on how Justice Souter's departure from the U.S. Supreme Court may affect “Big Business.”
  • From Chicago, a reason to consider judge shopping:  the ABA Journal  reports that Cook County Associate Judge Mark Lopez held a female attorney who appeared before him in a child support hearing jailed on civil contempt charges due to an alleged error she made in a draft order.  The ABA Journal's Martha Neil wrote that the attorney “was handcuffed, strip-searched and insulted by jail guards before being released the next day.”   No comment yet from Judge Lopez.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.