Miscellaneous

• 450,000 Evenflo car seat-carriers recalled

  Ben Glass | May 10, 2007 1:40 PM | 0 CommentsNorthern Virginia, VA

  NHTSA, CPSCThe National Highway Traffic Safety Administration, the Consumer Product Safety Commission and Evenflo, the manufacturer of a popular child car seat, have recalled certain seat-carriers. Apparently, there have been almost 700 reports of handles on these seat carriers releasing unexpectedly , resulting in more than 150 injuries to children.The recall involves Evenflo Embraceâ„¢ Infant...

• Dry Cleaner Judge Not Hearing Cases, But May Keep Job

  Ben Glass | May 10, 2007 12:42 PM | 0 CommentsNorthern Virginia, VA

  The judge who is suing the dry cleaners for $65,000,000 is no longer hearing cases, according to Marc Fisher's column today in the Washington Post. Apparently his term has expired and he's up for reappointment. According to the Washington Post columnist, though, Roy Pearson's boss, the chief administrative law judge, Tyrone Butler had recommended approval of Pearson's application: Before the...

• Disciplinary investigation into $65,000,000 dry cleaner lawsuit?

  Ben Glass | May 09, 2007 1:29 PM | 3 CommentsNorthern Virginia, VA

  Jon Haber, CEO of the American Association for Justice has written a letter to the District of Columbia Bar, asking that it open an investigation into Judge Roy Pearson, for his pursuit of the $65,000,000 dry cleaner lawsuit.We have previously commented on this lawsuit and posted some of actual pleadings. Jon Haber letter to District of Columbia Bar Association May 8, 2007 Mr. James...

• $65,000,000 dry cleaner lawsuit official pleadings

  Ben Glass | May 07, 2007 9:41 AM | 0 CommentsNorthern Virginia, VA

  It's a large file but the parties joint pretrial statement in the $65,000,000 dry cleaners lawsuit is available by clicking on this link to the Parties' Joint Pretrial Statement in the $65,000,000 dry cleaners lawsuit in Washington, D.C. It's very interesting reading. Looks like the case is scheduled to be tried without a jury. This dry cleaners case has received national attention, most of it...

• LONG TERM INSURANCE COMPANY ORDERED TO PAY BENEFITS.

  Ben Glass | May 07, 2007 5:59 AM | 0 CommentsNorthern Virginia, VA

  In a recent case decided by the Fourth Circuit Court of Appeals Sun Life Assurance Company was ordered to pay benefits to a woman who suffered severe and chronic pain in her lower back, buttocks and legs.The court said that a long-term disability insurance company's decision to deny benefits must be rationally supportable which in turn requires that it be the "result of a deliberate, principled...

• More on the $67,000,000 Dollar Pants Case

  Ben Glass | May 02, 2007 8:43 AM | 5 CommentsNorthern Virginia, VA

  I know many are probably starting to read about the crazy lawyer (a judge, no less) who is suing a dry cleaners here in Washington, D.C. I've blogged about it (as have others) and it's starting to pick up some national momentum. Just wanted everyone to know that on the various lawyer listserves this guy is receiving universal condemnation! Since he is suing pro se, he's actually a good example...

• Time to Sue for Disability Claims Clarified in ERISA

  Ben Glass | May 01, 2007 5:53 AM | 0 CommentsNorthern Virginia, VA

  The Fourth Circuit Court of Appeals has answered a very important question for long-term disability claimants: When does the statute of limitations expire when you have been denied benefits.Sun Life Assurance Company of Canada contended that a claimant had failed to file her claim within the time limits set out in the contract. Sun Life's disability insurance policy, like most contained the...

• Negligent Hiring in Virginia

  Ben Glass | April 29, 2007 5:39 PM | 0 CommentsNorthern Virginia, VA

  The tort of 'negligent hiring' was first recognized by Virginia in 1921. The Supreme Court of Virginia said in a very old case that the "hospital owed a duty of due care in selection and retention of its employees." In 1922 a gateman at a railroad crossing shot a woman passenger in a car. The court found "ample evidence tending to prove that the assailant was a man who would become highly...

• The Absurdity of ERISA in disability claims.

  Ben Glass | April 26, 2007 5:26 PM | 0 CommentsNorthern Virginia, VA

  The First Circuit Court of Appeals issued an opinion at the end of March which again demonstrates that the federal law of ERISA (designed to protect your pension plans) has turned the disability evaluation world upside down.The plaintiff sought disability benefits after she could no longer work due to fibromyalgia. Every doctor who examined the plaintiff, including an independent examiner found...

• Another $67,000,000 Embarassment for Lawyers

  Ben Glass | April 26, 2007 9:01 AM | 2 CommentsNorthern Virginia, VA

  The Washington Post's Marc Fisher has an article on the front section of today's Metro section of a very disturbing tale of a lawyer (and judge, no less) who is making a mockery of the judicial process.According to Fisher's piece, Washington D.C. Lawyer and Administrative Law Judge Roy Pearson took a pair of pants to a local dry cleaners for repair. When things didn't turn out as he wanted he...