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Couple significant legal developments from across the Country....

First, I am pleased to report that Senate Bill S.2061 did not pass in the United States Senate last week. Said bill, contained a number of "tort deform" measures relating to Ob/Gyn medical malpractice cases including the limitation of "non-economic damages" (i.e. pain and suffering")to $250,000. The AMA has indicated that "medical liability reform" is their number one priority, so I anticipate additional efforts in the future, particularly if the current president is re-elected. For a good explanation of why limitations on damages are a REALLY bad idea, see my last post outlining a recent medical malpractice settlement in Illinois.

In addition, the jury that heard the IBM semi-conductor trial returned a verdict for the defense. In that case, out of Santa Clara, California, two former workers at IBM had alleged that IBM had misled workers about the dangers of certain chemical they were working with, and as a result, both workers ultimately were diagnosed with cancer. The jury had apparently been instructed that the plaintiffs were required to prove "fraudulent concealment" on the part of IBM which may have been too tough a burden for the plaintiffs. In addition, the trial judge had ruled that the jury could not award punitive damages because the plaintiffs had not proven that IBM had a policy that encouraged management to conceal the dangers of the workplace. This is hardly the end for IBM though - at least 200 other similar cases are on file with the next trial scheduled to begin tomorrow in New York.

Finally, the United States Supreme Court ruled last week that younger workers can't sue their employers when older workers get preferential treatment. The Court, in a 6-3 ruling held that the law that protects older employees from age discrimination doesn't work in reverse.