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Brett Emison

Florida Overturns Arbitrary, Unconstitutional Damage Caps

  In a victory for justice and the 7th Amendment right to jury trial, the Florida Supreme Court became the latest to strike down unconstitutional medical malpractice damage caps that do nothing but protect negligent doctors and hospitals [...]
Brett Emison

Tort Reform & Sanctity of Human Life

  The Missouri House had floor debate last week on Rep. Eric Burlison’s proposal to unconstitutionally limit malpractice awards against negligent doctors.  Burlison, you will recall, is the politician who compared the family of [...]
Brett Emison

MO Senate Committee Considers Unconstitutional Damage Caps

Question: Would you give up a fundamental civil right in order to protect negligent doctors and insurance companies? Seems like a simple question with a simple answer… No. But this question will garner much discussion today in the Missouri [...]
Brett Emison

Parsing the Gate Way Group’s Tort Reform Policy Paper

  Ok, I’ve written a lot about medical malpractice lately (here, here and here) (which is particularly unusual as our firm hasn’t handled a single med mal case in the 10 years I’ve worked here).  But an attack on the [...]
Brett Emison

Lancer Gates Has His Facts Wrong

I don’t know Lancer Gates.  Apparently he is a physician in the greater Kansas City area.  According to his online bio, he is a D.O. who “enjoys spending time with his family, running, vacationing in his native Pennsylvania, and [...]
Brett Emison

Mo. Legislator Compares Brain Damaged Baby To Lottery Winner

Offensive.  Shameful. Those were the first two words that came to my mind (along with a few others that are best left unprinted) as I read an article from the Springfield News-Leader in which Missouri state representative Eric Burlison compared [...]
Brett Emison

Top 10 Posts of 2013

  It’s that time of year again.  As the year draws to a close, it’s time for a brief look over the shoulder.  These were the 10 posts you, the reader, enjoyed most this year (as least as measured by volume of readership). 10. [...]
Brett Emison

Tort Reform and Constitutional Protections: Picking and Choosing

Tort “reform” just keeps rearing its ugly head.  One of the troubling parts of tort “reform” – and there are many – is that such “reform” often comes from freedom-loving, constitution-loving [...]
Brett Emison

USA Today: Thousands of Doctors Practicing Despite Errors

A USA Today investigative report has shown that thousands of doctors who have been banned by hospitals or other medical facilities are not punished by state medical boards and continue to treat unsuspecting patients.  While it is good USA [...]
Brett Emison

U.S. Senator Laments "Dwindling Civil Jury"

United States Senator Sheldon Whitehouse commented in the National Law Journal on the ongoing attacks against the civil jury system through restrictions including forced arbitration, enhanced pleading standards, and restrictions on class [...]