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Of interest to class action lawyers is the case of Campbell-Ewald Company v. Gomez currently pending before the United States Supreme Court. The issues presented are: whether a case becomes moot when the plaintiff receives an offer of complete relief on his or her claim; whether the answer to the first question is different if the case is a putative class action; and, whether the doctrine of derivative sovereign immunity for government contractors is restricted to property damage arising out of a public works project. Oral argument on the matter occurred on October 14, 2005. The case arose out of an unsolicited text message that Jose Gomez received. This spam text was a violation of Federal law. Campbell-Ewald attempted to quash the putative class action by offering Mr. Gomez the maximum offered under Federal law for spam texting -$1500. William Riley commenting on this case stated, “This represents a dangerous approach that defendants could exploit to continue their economic wrongdoing to an entire class of individuals - while minimizing their economic risk of that wrong doing.” Riley Williams & Piatt, LLC will continue to monitor the case and its certain impact on class action law.
On October 15th Volkswagen announced it would recall 8.5 million cars across the European Union. This came as a result of an order from German regulators in the KBA. Globally the company could be required to recall 11 million vehicles, which some analysts have estimated could cost Volkswagen $40 billion. The company has until the end of November in Germany to explain how it can fix the problem. The New York Times reports the EPA plans to issue a recall once it is satisfied with VW’s proposed fix.
Personal Injury is an umbrella term that encompasses any physical injuries as well emotional or psychological damage that occurred as the result of an accident or incident. Personal Injury lawsuits are common as the injured have rights and the incentive to protect them. The implications for the injured party vary drastically depending on the severity of the accident. For some, a small settlement suffices which in most cases will include medical expenses, any property damage incurred (ie: auto collisions), pain and suffering, punitive damages and lost wages. In other cases, unfortunately the injuries can be permanent and irreversible. When a persons is subject to pain indefinitely and future ailments are uncertain it is imperative that the individual is compensated accordingly to ensure their needs are met in the immediate and long term future.

There are many situations in which an injury could warrant a civil suit. Some of the most frequent instances are motor vehicle accidents, construction site accidents (where safety standards are violated), institutions where negligence results in injury and suffering ( such as medical malpractice) and defective products where poorly constructed materials or dangerous chemicals cause injury to a consumer who is using the product for its intended purpose. If you or a loved one has been injured there are a number of important steps to take early on to make sure your case is handled properly. While most settlements are reached without going to trial, having strong documentation of the losses suffered (monetary and physical) will be necessary to secure just compensation.
Medical Malpractice can be confusing and difficult to actually prosecute. In any Medical Malpractice case, you need to prove the negligence or fault of the medical professional, and you also have to prove that their negligence or fault resulted in injuries on your end. Anyone making these claims are often treated by several medical professionals and perhaps have even undergone several different procedures, so it can be difficult to determine exact fault in certain cases.

There is a time limit to filing a medical malpractice lawsuit, so it’s important to understand and acknowledge Indiana’s Statute of Limitations regarding medical malpractice claims. Indiana specifically gives a two-year time limit to file any claims, and that two-year time limit starts when the medical injury starts – immediately following the procedure that caused it, or if the symptoms aren’t apparent right away, the date that the symptoms started. The implication of this is you cannot wait. The day you notice symptoms should be the day you contact a legal professional or begin the filing process. If the patient suffering injury is less than 6 years old the time limit is extended, and parents/guardians have until the child turns eight years old to file a claim.