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Depending on the jurisdiction, spouses, children, and parents may be able to recover for a “loss of consortium” in personal injury and wrongful death actions. Some states have extended the availability of loss of consortium damages to other parties, including grandparents and non-married cohabitants. Note, however, that the status of the law with respect to this issue varies c…
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Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case may be the first recorded use of expert testimony. In many lawsuits, the testimony of an “exp…
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A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including: A mass accident – usually a single event such as an airplane crash Widespread personal injuries – usually involving defective products such as tires or pharmaceuticals How Is…
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When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. Can the FDA Order a Recall? The FDA does not have the authority to “order” recalls. …
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In most states, an individual who is injured by an employee’s negligent acts can generally sue the employer, if the negligent act was committed in the course of employment duties. Until 1946, however, “governmental immunity” prohibited individuals from suing the U.S. government for injuries committed by federal government employees. This changed with the enactment of the F…
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