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      <title>Colorado Law Blog</title>
      <link>http://www.coloradolaw-blog.com/</link>
      <description>Colorado legal and consumer advice</description>
      <language>en</language>
      <copyright>Copyright 2008</copyright>
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         <title>Sand Traps and Ponds Aren’t the Only Hazards</title>
         <description><![CDATA[<p>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.</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/06/sand_traps_and_ponds_arent_the_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/06/sand_traps_and_ponds_arent_the_1.html</guid>
         <category>Of General Interest</category>
         <pubDate>Wed, 18 Jun 2008 17:31:47 -0700</pubDate>
      </item>
            <item>
         <title>The Pot Judging the Kettle</title>
         <description><![CDATA[<p>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. </p>

<p>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.  <br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/06/the_pot_judging_the_kettle.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/06/the_pot_judging_the_kettle.html</guid>
         <category>Of General Interest</category>
         <pubDate>Fri, 13 Jun 2008 12:56:53 -0700</pubDate>
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            <item>
         <title>When Does “Early Offer” Mean “No Fault”?</title>
         <description><![CDATA[<p>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. </p>

<p>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.  <br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/06/when_does_early_offer_mean_no_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/06/when_does_early_offer_mean_no_1.html</guid>
         <category>Legal Myths</category>
         <pubDate>Wed, 11 Jun 2008 15:37:13 -0700</pubDate>
      </item>
            <item>
         <title>Ghoulish Surgeon Avoids Trial</title>
         <description><![CDATA[<p>A former New York oral surgeon has agreed to plea bargain on charges that he was the mastermind behind a grisly plot to plunder corpses and sell body parts for transplants.  New York prosecutors say Michael Mastromarino, 44, was making millions by covertly carving up hundreds of corpses at a Brooklyn funeral home and selling the parts for dental implants, hip replacements and other procedures nationwide.  The story first broke in October, 2006, see <a href="http://www.coloradolaw-blog.com/2006/10/modern_day_body_snatchers.html#more">Modern Day Body Snatchers</a>. </p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/05/ghoulish_surgeon_avoids_trial_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/05/ghoulish_surgeon_avoids_trial_1.html</guid>
         <category>Consumer Rights</category>
         <pubDate>Tue, 27 May 2008 13:50:53 -0700</pubDate>
      </item>
            <item>
         <title>Poor Care Kills</title>
         <description><![CDATA[<p>A jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose. </p>

<p>Mary Culpepper and two other relatives last month were awarded $2 million each, with the cost to be paid 90 percent by operators of a nursing home, Manor Care Health Services, and 10 percent to be paid by Tucson Medical Center. <br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/05/poor_care_kills.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/05/poor_care_kills.html</guid>
         <category>Health Care</category>
         <pubDate>Tue, 20 May 2008 08:11:38 -0700</pubDate>
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         <title>Youthful Drivers Face Deadly Obstacles</title>
         <description><![CDATA[<p>More than 17 teens die on a typical day on American roads during June, July and August – the three months with the highest teen crash rates.  According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 teens die in car crashes every year, a statistic that hasn’t changed in more than a decade. While research shows that both parents and teens believe alcohol is the cause of most crashes involving teen drivers, the primary causes of most teen crashes – between 2003 and 2005 – was driver error (87 percent).</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/05/youthful_drivers_face_deadly_o_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/05/youthful_drivers_face_deadly_o_1.html</guid>
         <category>Of General Interest</category>
         <pubDate>Mon, 12 May 2008 10:50:14 -0700</pubDate>
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            <item>
         <title>Get to Know Your Doc</title>
         <description><![CDATA[<p>Ever wonder about the new doctor with whom you just scheduled an appointment?  Or perhaps you are curious about the specialist chosen by another physician or hospital to make a critical review of your records?  Now you can find out at least basic information as to a physician’s complaint history.  During the 2007 Colorado legislative session, House Bill 1331 was passed, making physicians' criminal and malpractice records available to the public. The bill was signed into law by Governor Ritter on May 24, 2007.  The new law appears in the state statutes at C.R.S. §12-36-111.5.  </p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/05/get_to_know_your_doc_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/05/get_to_know_your_doc_1.html</guid>
         <category>Health Care</category>
         <pubDate>Mon, 05 May 2008 14:41:04 -0700</pubDate>
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            <item>
         <title>Justice Delayed Is Justice Denied</title>
         <description><![CDATA[<p>By now, most folks have been handed a form at their doctor’s office asking that they sign a statement that the privacy policies of the office and the rights of the patient have been explained to them.  This is required by the federal law known as HIPPA, see <a href="http://www.coloradolaw-blog.com/2006/06/hippa_what_it_means_to_you.html" target="_blank" >HIPPA – What It Means To You</a>.  </p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/04/justice_delayed_is_justice_den_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/04/justice_delayed_is_justice_den_1.html</guid>
         <category>Health Care</category>
         <pubDate>Wed, 30 Apr 2008 12:15:07 -0700</pubDate>
      </item>
            <item>
         <title>Getting Nailed</title>
         <description><![CDATA[<p>The air-powered nail gun has become a mainstay at construction sites across the nation.  As the tool's popularity surged during the building boom of the 2000s, nail gun injuries also took off despite decades of warnings from researchers and doctors that the guns are dangerous, especially those equipped with a mechanism that allowed automatic firing, in “contact trip” mode.</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/04/getting_nailed_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/04/getting_nailed_1.html</guid>
         <category></category>
         <pubDate>Tue, 22 Apr 2008 11:52:53 -0700</pubDate>
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            <item>
         <title>Buying Justice</title>
         <description><![CDATA[<p>For 40 years, an incumbent Wisconsin Supreme Court justice never lost an election—not, that is, until this month, when a business-backed circuit judge narrowly defeated the first African-American to serve on the state's highest court.</p>

<p>But the victory of Michael Gableman over Louis Butler was stands out because the race came with such cost, partisanship, and confrontation—hardball trends that are expected to appear in judicial races nationwide. At an estimated $5 million, the cost of the Wisconsin race set records, and its campaign ads—largely sponsored by outside groups—were so negative and in some cases so misleading that they were criticized by a state watchdog group. One of Gableman's ads falsely implied that Butler had gotten out of jail a convicted rapist who then committed a second sexual assault. (In fact, the second assault occurred after the man served his full sentence.) Another ad by the pro-Butler teachers union accused Gableman of sentencing child sex offenders far below the maximum, but it used the example of an offender who received a higher sentence than the one the prosecutor recommended.<br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/04/buying_justice.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/04/buying_justice.html</guid>
         <category>Of General Interest</category>
         <pubDate>Mon, 14 Apr 2008 12:41:54 -0700</pubDate>
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            <item>
         <title>Wheels of Justice Move Very Slowly</title>
         <description><![CDATA[<p>Pacific Gas & Electric Co. will pay $20 million to settle the last in a series of lawsuits that claimed it was responsible for poisoning water in the Mojave Desert town of Hinkley, as depicted in the movie "Erin Brockovich."</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/04/wheels_of_justice_move_very_sl.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/04/wheels_of_justice_move_very_sl.html</guid>
         <category>Of General Interest</category>
         <pubDate>Fri, 04 Apr 2008 14:39:09 -0700</pubDate>
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            <item>
         <title>Forget that Day in Court</title>
         <description><![CDATA[<p>Thanks to tort reform, arbitrations instead of courtroom hearings are becoming more common.  Whether buying a car, getting a credit card, or signing up for cellphone service, consumers increasingly are asked to sign an agreement that requires them to go to arbitration rather than sue in the event of a dispute. Franchisees and vendors for large corporations, too, encounter similar agreements.</p>

<p>Proponents say mandatory arbitration is quicker and cheaper than going to court.  But critics contend the process isn't always fair.<br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/03/forget_that_day_in_court.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/03/forget_that_day_in_court.html</guid>
         <category>Legal Myths</category>
         <pubDate>Tue, 18 Mar 2008 14:16:48 -0700</pubDate>
      </item>
            <item>
         <title>Who Says Talk Is Cheap!?</title>
         <description><![CDATA[<p>Talk isn't always cheap, as International Paper Co. learned recently when it agreed to pay $5.2 million to settle a personal injury suit related, at least in part, to one of its employees' use of a cell phone while driving. </p>

<p>An International Paper employee was on her company-supplied cell phone as she drove west on an interstate near Dublin, Ga., when she rear-ended a vehicle.  The collision pushed hit car into the ditch on the right side of the road, overturning it so that the driver's side hit and then slid along the roadway -- with the driver’s arm trapped between the door and the asphalt.  Medical complications eventually forced the driver, a widowed mother of four, to have her arm amputated almost up to the shoulder.<br />
</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/03/who_says_talk_is_cheap_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/03/who_says_talk_is_cheap_1.html</guid>
         <category>New &amp; Changing Laws</category>
         <pubDate>Tue, 11 Mar 2008 16:28:20 -0700</pubDate>
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         <title>Med Mal Bill Heads to CO House</title>
         <description><![CDATA[<p>The Colorado State Senate has given final approval to a bill that would increase the amount juries can award in <u><strong>some</strong></u> medical malpractice suits.</p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/03/med_mal_bill_heads_to_co_house.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/03/med_mal_bill_heads_to_co_house.html</guid>
         <category></category>
         <pubDate>Thu, 06 Mar 2008 14:57:52 -0700</pubDate>
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         <title>State Laws Saves Teens</title>
         <description><![CDATA[<p>Nationwide, car crashes are the leading cause of death for youngsters aged ten through eighteen.   A study released Monday showed that riding unbuckled with new teen drivers on high-speed roads created the worst case scenario. Other dangerous circumstances include teen drivers who had been drinking alcohol, male teen drivers and driving on weekends, according to <a href="http://www.statefarm.com/about/media/media_releases/teen_drivers.asp">the study by Children's Hospital of Philadelphia and State Farm Mutual Automobile Insurance Co. </a></p>]]></description>
         <link>http://www.coloradolaw-blog.com/2008/03/state_laws_saves_teens_1.html</link>
         <guid>http://www.coloradolaw-blog.com/2008/03/state_laws_saves_teens_1.html</guid>
         <category>New &amp; Changing Laws</category>
         <pubDate>Tue, 04 Mar 2008 16:01:20 -0700</pubDate>
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