Our Legal Blog

The New York Times reported July 30, 2009 that Charles E. Schumer, along with three other Senators are sponsoring a bill to curb texting while driving. The legislature in New York recently passed such a measure and sent it to the governor for a signature.

WASHINGTON — Hundreds of tractor-trailer and bus companies ordered to shut down because of federal safety violations ranging from suspended licenses to possible drug use have stayed on the road by using different names, investigators say.

A recent AAJ article states that the CBS Evening News (7/28) reported that, according to a paper published online July 29 in The Lancet Oncology, tanning beds may “pose as big a risk as tobacco and asbestos.”

According to a recent AAJ article the legal rights of servicemembers injured by medical negligence would be restored under legislation introduced in the U.S. Senate. The article states that a 1950 U.S. Supreme Court ruling in Feres v.

According to a July 19, AP report “The operator of a light-rail train that crashed [in San Francisco], injuring dozens of passengers as well as the operator, came under scrutiny on Sunday as federal investigators tried to figure out why he turned off the automatic controls moments before

The Chicago Tribune reported on July 7 that in addition to OSHA, “the National Transportation Safety Board said Monday it will investigate the deadly collision on Walt Disney World’s monorail, an unprecedented move by a federal agency best known for probing airline crashes.”

Addressing the deadly Washington D.C. train crash Debbie Hersman of the National Transportation Safety Board said the operator of the train that “slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident.” as reported

As reported in the St. Louis Post-Dispatch “Attorneys general in 11 states, including Missouri and Illinois, have filed objections to General Motors Corp.’s reorganization plan.

According to the Buffalo News ” The Federal Aviation Administration will seek to modernize rules governing when and how much pilots can fly after the Feb. 12 crash of Continental Connection Flight 3407 in Clarence raised concerns that the crew might have been fatigued.

An AAJ article June 4, 2009 looks at the practice of courts sealing litigation documents to the advantage of manufacturers in certain product cases. For example, Bausch & Lomb settled hundreds of cases involving contact solution that involved blindness where the court ordered the documents to be sealed.

An AAJ article today reported on the case of Caperton v. A.T. Massey Coal Co. in which the Court held in a 5-4 decision that state court judges that get big campaign contributions cannot sit in judgment of their biggest contributors.

In a decision dated June 4, 2009, In the Matter of Allstate Insurance Company v. Rivera, the Court of Appeals handed down a ruling regarding SUM claims. Essentially the Court ruled that insurers under a SUM policy are “able to reduce the coverage limits of the tortfeasor’s policy

As in the Buffalo News “The days of going back and forth to Canada over the Peace Bridge with just a verbal declaration of U. S. citizenship officially ends.

The Los Angeles Times on May 28 reports, “A Los Angeles judge blames the design of the Land Rover Discovery SUV in the 2003 accident.” of a California man. While T he judge agreed Jaguar Land Rover must “pay $21.1 million.

Second Circuit Justice Sonia Sotomayor , called a “trailblazer should be easily affirmed as our next Supreme Court Justice. The New York Times reports that Sotomayor “brings to the confirmation experience the kind of rich personal story that has always been deeply gratifying to Americans, the journey from

If you can, try to attend the Elephant Run this Sunday morning, Mother’s Day May 10th in memory of Marcena Lozano. Marcena was a courageous transplant patient who passed. In her memory her parents, Lori and Kevin Lozano, established the Elephant Run to help fund scholarships for other

As reported in the Washington Post, Transportation Secretary Ray LaHood ” ordered a departmental review of commercial bus safety, a response to a string of fatal bus accidents across the country and criticism that the federal government has failed to act.”

Currently all US citizens must show proof of identity and proof of US citizenship when entering the US from Canada. However, after JUNE 1, 2009 US citizens will be required to present one of the following documents for entry into the US by land or sea from Canada:

Although lauded for their environmental benefits, The Insurance Institute for Highway Safety (IIHS) reported that “mini-cars” do a poor job of protecting their occupants. In fact, research shows that the chance of a fatality in collisions with mid-size vehicles is almost double that of larger vehicles, and that

More than half of the students in the Buffalo Public School system do not graduate from high school. Many who do face difficult employment prospects. A front page article in the Buffalo Law Journal cited the Law Intern Program of Buffalo created by John Feroleto and his wife

CNN reports a recall of various GM cars with common 3.8 liter engines due to potential fire hazards.