Articles

Articles of Interest

KJA News: U.S. Chamber report long on spin, short on facts

The U.S. Chamber’s Institute for Legal Reform has released its annual “lawsuit climate” report, a survey of corporate defense lawyers from multi-million and billion dollar businesses. But the “study” is long on corporate spin and short on facts. The methodology has been debunked and ridiculed year after year by academics, scholars, media, and independent experts.

Learn more about the report and its attempt to reduce corporate accountability.
Read KJA Executive Director Maresa Fawns' opinion article in the Lexington Herald-Leader

Supreme Court Rules Widowed Spouses Can Sue for Loss of Consortium

The Kentucky Justice Association applauds today's release of the unanimous state Supreme Court decision recognizing spousal loss of consortium in wrongful deal cases. This change allows the spouses of those killed by the negligence of others to seek redress for the loss of companionship provided by a spouse. Prior to this ruling, Kentucky was one of only four states that fail to recognize spousal loss of consortium in wrongful death cases.

Kentucky by Kenneth P. Nolan

This is a great article about Kentucky lawyers (also KJA members) in The Journal of the Section of Litigation from the American Bar Association, written by Kenneth P. Nolan. It made us proud to be from Kentucky and to be associated with such a fine group of KJA members.

Get Out of Jail Free: A Historical Perspective of
How the Bush Administration Helps Corporations Escape Accountability (click title to read article)

The report details how multiple federal agencies were repeatedly ordered by the Bush administration to usurp state law and undermine consumer protections. For more information on preemption visit
http://www.justice.org/cps/rde/xchg/justice/hs.xsl/742.htm

The Wall Street Journal ran an important story using the information from the report. This article clearly lays out the implications of preemption for states as well as a confession from a former administration official that skirting Congress and usurping tougher state consumer-safety laws was a goal of this administration. This story can be found at: http://online.wsj.com/article/SB122403828537735379.html.

Employment Law

Study Shows State Courts Vacating Many Arbitration Awards for Employees but Not for Employers

Medical Malpractice Myth Busters

Baby I Lied: Rural Texas is still waiting for the doctors tort reform was supposed to deliver.

Angoff Report Report on Kentucky Physicians Liability Insurance, 2002-2006: Profitability, Performance, and Financial Condition.

Arkansas v. Ahlborn

Expanding Access to Justice in the Courts

Restricting the Harm of Mandatory Arbitration

Stopping Secret Settlememts that Hide Corporate Malfeasance

Readers Say: Don't Limits Awards in Lawsuits

Making Legl Representation Affordable

Study Finds No Medical Malpractice Crisis

Ky. Med Mal Insurance Companies Have Huge Surpluses

Consumer Group Studies Med Mal in Ky.

Medical Malpractice in Ky.

Growth of Malpractice Payments Less than Previously Thought

Falling Claims and Rising Premiums in the Medical Malpractice Insurance Industry

AIK v. Mary Minton Opinion of the Court by Justice Graves

Demonstrators Line Up At Jewish Hospital

Lawyers and Tort Law