June 2008 Archives

Those little vehicles that buzz around golf courses as well as parks, sports fields and public recreational areas might be a cost-saving alternative to larger vehicles, but a pair of studies released this week suggests they do have their risks. The numbers of injuries have been increasing as more people rely on golf carts for transportation off golf courses. While there were about 5,772 injuries in 1990, the number more than doubled to 13,411 in 2006. Over the period studied, the researchers counted injuries in almost 150,000 people ages 2 months to 96 years.

The chief judge of the 9th Circuit Court of Appeals overseeing a case exploring the extreme fringe of pornography, suspended the obscenity trial after a newspaper reported the judge had posted sexually explicit photos and videos on his own Web site.

Judge Alex Kozinski granted a highly-unusual joint prosecution and defense motion to suspend a trial this week. The case involves charges of obscenity against Ira Isaacs for films he markets.

A new study published in the Columbia Business Law Review suggests that “there are strong advantages to a system in which businesses facing personal injury lawsuits could promptly pay injured parties for out-of-pocket medical expenses and lost wages while avoiding long court battles, high legal fees and "pain and suffering" damages.” The study of court settlements in personal injury lawsuits against businesses estimated companies could save an average total of $114,000 per claim or $670,000 for severe injuries by promptly settling cases instead of fighting them in court.

What proponents of the proposed system are not emphasizing is that the “early offer” system would prohibit injured victims from seeking compensation in the courts – essentially replacing your right to a jury trial with a compensation schedule much like worker’s compensation programs – unless “gross misconduct” could be proved. Even the law professors who authored the study admit this is a rarely proved in lawsuits.